Maison Law helps any injury victim in an Oxnard car accident caused by driving under the influence. Dealing with any car accident is challenging, but a DUI accident can be especially tough. From dealing with injuries to long-term losses, our team is here to guide you through the legal process. Contact us today for a free consultation.
Why Do You Need a Lawyer in an Oxnard DUI Injury Claim?
While you don’t always need a lawyer to file a claim, serious injuries from DUI accidents often require much more extensive help. Our experienced lawyers in Oxnard can simplify the process for you. Here’s what we offer:
- A thorough investigation into the accident and explanation of what your options are
- The gathering of medical records and reports for evidence
- Experienced negotiators will protect your claim and make sure an insurance company gives you a fair deal
Our goal is to make things easier for you. With our team’s support, you can trust that your claim will be managed effectively while you can focus on your physical and financial recovery.
What Should You Do After an Oxnard DUI Accident?
There’s a few things that are unique with DUI accidents, but one of the most pronounced is that the aftermath of them are extremely difficult. In a normal car accident, you may be injured but still have the relative ease of gathering yourself and getting important information from others involved. This isn’t the case in DUI accidents. Most of the time, even if you’re lucky enough to be relatively unhurt, you still might not be able to get the information you need for the other driver because they’ll be impaired–if they stay at the scene at all.
Regardless, there’s certain things you still need to do to form the very foundation of a potential claim. This means doing the following:
- Call 911 for an ambulance – Check for injuries and seek medical help by calling 911. Even minor injuries should be taken care of as they might worsen over time.
- Call the police – At the same time, have the 911 dispatcher report the accident to the Oxnard Police Department, sheriff, or California Highway Patrol (CHP). When they get there make sure they document the incident and the other driver’s intoxication, as this will be crucial evidence.
- Document the scene – If it’s safe, document the scene by taking pictures of videos. Make sure to also take down the other driver’s license plate number.
- Preserve evidence – Keep all medical records from emergency visits, doctor appointments, and treatments. Also, get a copy of the police report for details about the accident and the driver’s condition. While the report might not be used directly in court, it’s still important.
Obviously, you never want to get hurt in an accident with a driver that’s under the influence. However, given how common they are in Oxnard, it’s something you need to be prepared for. Part of this preparation is understanding your options.
What Legal Options Do You Have After an Oxnard DUI Accident?
When a driver is under the influence of alcohol or drugs, they face both criminal and civil consequences. As a victim of a DUI accident in Oxnard, your case falls under civil law. You have the right to file an injury claim, similar to any other car accident.
Legally, you have two main options:
- Filing an insurance claim – This is done through the at-fault driver’s insurance company and happens outside of court. The insurance company controls this process from start to finish, but typically takes less time to conclude than a lawsuit.
- Filing a lawsuit – This involves filing a lawsuit against the responsible person in civil court. By filing a lawsuit, you can seek financial support for various damages. It takes more time and effort from you, but it’s a more objective process overseen by an impartial judge.
The overall goal of the claims process is the recovery of financial support for the losses you experience because of the accident. These are known as “damages” and generally include the following:
- Medical bills and ongoing care needs
- Costs related to a permanent injury
- Lost income and earning potential
- Loss of benefits
- Repair or replacement costs for your vehicle
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses, if injuries are fatal
- Punitive damages
As with any car accident, it’s crucial to file your claim within California’s statute of limitations of two years from the accident date. Missing this deadline means losing your chance to file a claim. But another hugely important aspect of your claim is going to involve liability.
Is the Driver Always Liable For Damages in an Oxnard DUI accident?
As you can tell, DUI accidents can be extremely challenging. Worse, it’s often you and your passengers who are the ones that suffer injuries. But the starting point of the entire process is figuring out “liability.”
Typically, the intoxicated driver is primarily liable for the accident. They are responsible for covering your injuries and losses and will likely face criminal charges and fines.
However, liability in DUI accidents can sometimes involve other parties, including:
- Other drivers
- Local governments (such as city or county authorities)
- Car or parts manufacturers
- Property owners or renters serving alcohol or drugs
- Bars or restaurants serving alcohol
Every accident is different, even ones that are caused by a DUI. At the same time, this makes liability fairly straightforward and figuring this out is a huge benchmark for your case. It not only tells you who has to pay for your damages, but who you’ll go up against in the claims process.
How Serious Are Injuries in a DUI Accident in Oxnard?
DUI accidents can be extremely severe due to the effects of alcohol or drugs on a driver’s ability to make sound decisions and react quickly. This means higher speeds, bigger impacts, and yes, more serious injuries. Worse, everyone on the road is vulnerable in these accidents, whether it’s a driver, passenger, pedestrian, or bicyclist. Specifically, though, DUI accidents often result in the following injuries:
- Traumatic brain injuries (TBI) – These affect both physical and emotional functions and often require extensive medical care.
- Spinal injuries – These can lead to paralysis or chronic pain, needing complex surgical treatments.
- Internal injuries – High-speed collisions may damage internal organs, requiring complicated recovery, possibly including transplants.
- Fractures and broken bones – The force of the impact can cause broken limbs, which require medical treatment.
- Muscle or ligament tears – Tears or strains can lead to long-term pain and limited movement, often needing therapy or surgery.
- Burn injuries – Fires from severe accidents can cause disfigurement or nerve damage, requiring reconstructive surgery.
In a lot of cases, these injuries can be fatal, and often it’s the other parties involved who suffer the most, not just the impaired driver. Regardless of the severity of your injuries, our team can help support your claim.
Contact Maison Law After a DUI Accident in Oxnard
When you’re injured in a DUI accident in Oxnard, you need the guidance and support of an experienced legal team. At Maison Law, we take pride in our approach to these cases and the results we get for our clients. If you or someone you care about has been injured in one of these accidents, contact us today to set up a free consultation to talk about your options.
