Maison Law represents anyone injured in a car accident in California. Of all the different kinds of car accidents, one of the most devastating happens when someone decides to drive under the influence of either alcohol or drugs. A DUI accident creates issues for everyone else on the road, including injuries that are often more serious. If you or a loved one have been injured in a DUI accident in California, contact us today for a free consultation.
Should You Get a Lawyer?
In California, there’s no legal requirement that says you need a lawyer. That said, a DUI accident is a bit different in terms of the circumstances. You still may not need a lawyer if the accident is minor, but the vast majority of them are more severe. This means more serious injuries and circumstances where you’ll likely need further legal help. Our team at Maison Law can provide you with everything you need for a strong claim.
We’ll investigate the accident, help you gather important evidence, evaluate your losses, and guide you through the legal process to help you recover. Any car accident is difficult, but a DUI accident is often more challenging. We can make the process easier for you and your family.
Who’s Liable in a DUI Accident?
In a DUI accident, it’s fairly clear that the driver that’s under the influence will bear the primary responsibility for causing the accident and your injuries, thus being liable for your damages.
However, DUI accidents often involve additional parties who may share liability, even if they were not directly involved. These include:
- Property owners – If someone allows a person to drink at their house or their property and that person subsequently causes an accident can share the blame.
- Bars or restaurants – Bars, restaurants, or any other type of place that continues to serve alcohol to visibly intoxicated patrons can be held partially responsible.
- Employers – Companies that allow their employees to drive while intoxicated may also be liable.
Even with these extra circumstances, standard car accident liability still applies. As such, a DUI accident can also involve:
- Other drivers
- Owners of the car (if not the driver)
- Pedestrians
- Car or part manufacturers
- Local government agencies
With liability established, you can start thinking about the actual legal process for recovering what you’re owed. These damages are going to be especially important to your physical recovery. But remember, even if you are injured in an accident where the other driver was under the influence, you won’t automatically get these damages.
What Damages Can You Get in a DUI Accident Claim?
At its core, a DUI accident is an injury claim–more specifically, a car accident claim. This means that you have to file an injury claim in order to recover the “damages” made available to you by California law. Generally, you can do this inside the court system with a lawsuit or outside of it with an insurance claim.
It’s totally up to you, but it’s important to think about what you can get in a claim. These “damages” are simply your losses from the accident itself–based on your injuries and other impacts to your life. When you file your claim, you can potentially recover things like:
- Medical expenses – These are all the costs related to healthcare due to the accident, including hospital stays, surgeries, doctor visits, medications, and other medical treatments.
- Lost wages – These damages are built around the income you miss out on because your injuries prevent you from working for a certain period.
- Property damages – These cover any costs to repair or replace your vehicle, motorcycle, bicycle, and any personal belongings that were damaged in the accident.
- Pain and suffering – This category of damages is for the physical pain and discomfort you experience because of the accident and your injuries.
- Emotional distress – Along the same lines, these damages are for the psychological impact of the accident, such as anxiety, depression, and other mental health issues you might face.
- Loss of companionship and quality of life – These damages are built around how the injuries affect your relationships and ability to enjoy activities you once loved.
- Wrongful death expenses – These damages come in when the accident causes the death of a loved one. They include funeral and burial expenses, and loss of financial and emotional support.
- Punitive damages – These are damages awarded in cases where the at-fault person acted very badly or recklessly, like driving under the influence. These damages are meant to further punish the wrongdoer and discourage similar behavior in the future.
Remember, these damages are general. What you’re ultimately able to recover in your claim is going to depend on the circumstances of your particular accident and injuries. Then, there’s procedural things like the statute of limitations. In California, you have to file your claim within two years of the date of the accident itself. Miss this deadline, and you won’t be able to recover these damages.
Steps to Take After a DUI Accident to Protect Your Claim
There’s another important facet of a DUI accident: protecting your claim. Just like any other car accident, being hurt doesn’t automatically mean you’ll get damages when you file a claim. Instead, you have to show your damages. This means doing a few things to protect your claim, all of which are especially important when a DUI is involved:
- Check for injuries – Once you’re to safety, check yourself and anyone else in the car for injuries. Even minor injuries should be noted, as they could worsen over time. Call 911 if you’re hurt so an ambulance can respond to the scene.
- Call the police – Also, contact the local police immediately to report the accident. When the police arrive, make sure they document the incident and the other driver’s intoxication, as this will be crucial evidence for your claim.
- Keep evidence – Gather all medical records related to your injuries, including emergency room visits, doctor appointments, and any prescribed treatments. Also, there will probably be a police report that will have important details about the accident and the other driver’s condition. You can’t use this as evidence in a lawsuit, but the information is important to have nonetheless.
Reliving the crash and discussing the details can be difficult, but it’s very important for establishing your claim. It’s here that our team can provide you with support and guidance. More than anything, we want to make things easier for you.
How Does Driving Under the Influence Cause Accidents?
It’s rather obvious that driving under the influence of alcohol or drugs is incredibly dangerous. What makes it so frustrating is that it’s entirely preventable, and the effects of driving under the influence has been widely studied with plenty of resources spent on raising awareness. Yet, it’s still one of the most common reasons for car accidents.
In looking at DUI accidents specifically, the reason it causes so many accidents usually has to do with:
- An inability to concentrate
- Delayed reactions and decision-making
- Impaired judgment when it comes to speed or road conditions
These issues lead to many accidents on California roads, most of which cause serious injuries like:
- Spinal injuries
- Traumatic brain injuries
- Concussions
- Broken bones
- Burns
- Ligament tears
- Cuts and bruises
Unfortunately, the nature of a DUI accident often means that these injuries can be fatal. Facing these injuries is challenging physically, financially, and emotionally. You shouldn’t have to bear the burden of someone else’s negligence. That’s why it’s crucial to contact our California DUI injury lawyers to help you through the claims process.
DUI Injury Victims in California Can Trust Maison Law
When you or someone you care about is hurt in a DUI accident, you can trust our experience and guidance at Maison Law. Our team of California car accident lawyers have the resources and skills that you need to put together a strong claim. We can help you through the legal process, and ultimately recover from your injuries. To get started, contact us today for a free consultation.
