Maison Law represents victims of car accidents throughout California. One of the most common and devastating causes of these accidents involves drunk driving. Countless people are injured in these accidents every day, with many of them even being fatal. We understand the impact these accidents can have on you and your family, and will support you throughout the legal process. Contact us today to set up a free, no-obligation consultation to learn more.
Do You Need a Lawyer in These Claims?
While a drunk driving accident is generally viewed the same as any other car accident in the eyes of California law, there are some very important distinctions with these accidents. So, while you don’t technically need a lawyer, having our team on your side can certainly help you. Before we get into the specifics of drunk driving accidents, here’s how our team can help you:
- Figuring out who’s at fault – In most cases, it’s clear that the drunk driver caused the accident. Still, we’ll investigate the accident and review important documentation and evidence to establish fault.
- Getting important evidence – We know what elements make your case stronger. This means getting pictures and videos of the accident, medical records and bills, and statements from people who saw what happened.
- Talking to witnesses and experts – Over time, we’ve built a strong network of medical experts and other professionals who can say important things for you.
- Standing up to the at-fault driver’s insurance and lawyers – Our team is experienced in dealing with these situations and knows the tricks insurance companies use to deny claims. We can effectively counter these tactics. From there, we’ll stand strong against any defense lawyers that represent the drunk driver.
- Valuing your case – With our experience and skills, we can put together a strong case that considers everything important, making sure your damages are presented in the best way possible.
What’s Different About Drunk Driving Accidents?
Obviously, when there’s a drunk driver involved, the accident is going to be much worse. This isn’t complicated: alcohol affects the driver’s ability to judge distance, seriously reduces their reaction time, and generally impairs their ability to drive in a safe way. While even every drunk driving accident is unique, what makes them different usually involves:
- Injuries – Most drunk driving accident victims suffer more severe and life-threatening injuries due to the impaired state of the drunk driver. They can range from traumatic brain injuries to broken bones or spinal injuries, on top of other typical car accident injuries.
- Emotional trauma – Survivors of these accidents frequently experience lasting emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). The psychological impact can persist long after physical injuries have healed.
- Financial burden – Medical expenses for treatment and rehabilitation can be substantial. You may also face ongoing healthcare costs, therapy expenses, and potential loss of income due to your inability to work during recovery.
- Reduced quality of life – The aftermath of a drunk driving accident can disrupt your daily life significantly. Rehabilitation and recovery may require adjustments to your living arrangements, transportation, and daily activities.
- Impact on your relationships – Your family and personal relationships may be strained as a result of the physical and emotional toll on you. The need for support and understanding becomes crucial during the recovery process.
- Permanent disabilities – In some cases, victims may sustain permanent disabilities that alter their quality of life. Disabilities can affect mobility, independence, and overall well-being.
- Fatalities – In fatal drunk driving accidents, your family and friends experience profound grief and other complications. This impact is irreversible and leaves lasting emotional scars.
In terms of damage, drunk driving accidents are generally more impactful than regular car accidents. With that said, understanding what you can recover in the legal process is very important to how you’re able to move forward.
Recovering Damages After a Drunk Driving Accident
With the impact of a drunk driving accident established, you can proceed to the legal system to recover “damages” from the person or parties responsible for your accident. Generally, these damages depend on the circumstances of your accident. While you can recover these damages either by filing an insurance claim or lawsuit (or both), here’s what you can potentially recover:
- Costs related to medical treatment
- Income lost during recovery
- Expenses for travel associated with treatment
- Costs for rehabilitation services
- Financial support for anticipated future income loss
- Expenses for retraining
- Financial support for physical pain, suffering, and emotional distress
- Impact on your personal relationships, known as loss of companionship
- Diminished quality of life
- Financial support for permanent disability
- Financial considerations for lasting physical disfigurement
- Expenses related to wrongful death
Further Steps to Take
If you find yourself in a drunk driving accident, even with minor injuries, it’s important to take specific steps that can aid in a potential claim for damages:
- Get to a safe place on the road and call for medical help
- Take photos of the scene, including injuries and vehicle damage
- Report the accident to the police
- Try to get the drunk driver’s contact, insurance, and license details. If you’re not comfortable or able to, you can ask the police
- Collect names and contacts of witnesses
- Don’t admit fault
- Notify your insurance company about the accident
- Keep medical bills and relevant documents for evidence
Revisiting the crash details and talking about what happened can be tough, but time is limited to seek damages. In California, the law gives you two years from the accident date to file a personal injury claim. If you don’t file within this timeframe, you may lose the chance to get damages, which will be crucial for your recovery.
Who All is Responsible for a Drunk Driving Accident?
Not surprisingly, the drunk driver that causes an accident is going to share a majority of the legal responsibility for covering your injuries and damages. With that said, another thing that makes a drunk driving accident different from a normal car accident is that several other parties can be involved, even if they weren’t there in the car or even at the accident scene, like:
- People who provide alcohol to people below the legal drinking age or those who are visibly drunk at parties and other social events.
- Employers who allow their employees to drive company vehicles while under the influence.
- Bars or restaurants that keep serving alcohol to people who are clearly intoxicated.
In these situations, the party acting negligently could be held partially responsible for any damages or injuries resulting from a drunk driving incident. If you or someone you care about has been through such an experience, our team of seasoned California car accident lawyers is available to help you explore your legal avenues.
Experienced Support in California Drunk Driving Accidents
Drunk driving accidents are undeniably among the most serious types of car accidents you or someone you care about could face. Despite ongoing efforts by the state legislature, police, and other groups, drunk driving routinely results in accidents and severe injuries every day.
If you’re the victim of a drunk driving accident, don’t delay seeking the legal assistance and support you need. Contact our team at Maison Law for a free consultation, and take the first step towards your recovery.
