Maison Law can help you and your family through the claims process when there’s a car accident caused by driving while intoxicated (DWI) in California. You’re probably well aware of how dangerous a DWI situation is. But that all changes when you or someone you care about is the one injured in an accident. We can help you through what comes next. Set up a free consultation today.
Do I Need a Lawyer After a DWI Accident?
There’s a pretty big gap between a regular car accident and a car accident that happens because the other driver was intoxicated. It might be easy to see why these kinds of accidents are more serious, but they’re still personal. So, you might be wondering if you even need a lawyer if you’re in one. The honest answer is that it depends, but generally, working with our team can really help. We do that by:
- Figuring out exactly what happened
- Getting proof that the other driver was impaired
- Taking paperwork and insurance talks off your plate
- Explaining your options in a clear, straightforward way
- Handling pushback from the insurance company
- Taking the case to court if that becomes necessary
Recovering after any car accident takes time and effort, but when it’s a DWI situation, it can feel even more frustrating because it never should’ve happened in the first place. And like any accident, having someone manage the legal side of things can make the process much easier while you focus on healing.
What Information Will Help My DWI Accident Claim?
In a lot of ways, a DWI accident is pretty obvious in terms of what went wrong. But with any car accident, there’s going to be information that shows what happened. And even though your injuries and the resulting damage is obvious from your perspective, you’ll still need this information so you can help your claim. Here’s what you can get to help:
- The police report is usually the foundation of your claim. It’s going to have all of the relevant information, like:
- Whether the driver seemed to be intoxicated
- Results from field sobriety tests
- Tickets or charges that were given at the scene
- Whether the driver was arrested
- Blood or breath test results can also be important. When the other driver is suspected of being intoxicated, they’re usually tested, and those results can actually confirm whether alcohol or drugs were involved.
- Officer bodycam or dashcam footage can sometimes provide an even clearer picture. This footage is going to show the driver’s behavior, speech, and coordination right after the accident.
- Witness statements can also help. Other drivers or bystanders might have noticed swerving, speeding, or other erratic behavior before the accident happened.
- Pictures and/or videos from the scene can show the condition of the vehicles, the roadway, skid marks, and the surrounding area. These details often help explain how the accident unfolded.
- Your medical records will also play an important role. They help connect your injuries directly to the accident and show how serious they are.
- Repair estimates. This is important for showing two things—how damaged your car is and what you’re facing in terms of having it repaired. If it needs to be replaced altogether, get documentation of that too.
All of this is important, yes, but your health should always come first. Calling for help and getting medical attention is the most important step after any car accident, especially one caused by DWI. The rest of the details can come later, and our team can help you with them.
Can Others Be Responsible for a DWI Accident in California?
A huge hurdle with a car accident claim is liability—or who is legally responsible for what happened. That hurdle is pretty easy to clear with a DWI. Legal responsibility falls on the other driver for their extreme negligence.
But one thing that often gets overlooked in these kinds of cases is that others can share some of the responsibility, like:
- The owner of the vehicle may be involved if they knowingly allowed an intoxicated person to drive their car.
- Another driver on the road could still share some responsibility if their actions—like speeding or distracted driving—played a role in what happened.
- In rare situations, bars or restaurants may be part of the case if they served alcohol to someone who was already clearly intoxicated. The same goes for private property owners if they provided alcohol or drugs to someone that went on to drive while intoxicated.
Even when these additional factors are involved, the impaired driver is usually the central focus of the claims process. But understanding the full picture can help determine exactly how the accident happened.
How Does the Claims Process Work After a DWI Accident in California?
At least legally, a DWI is still a car accident claim. So that means the process works the same way it does in any other car accident. You have the option to either file:
- An insurance claim outside of court.
- A personal injury lawsuit.
Insurance is usually the opening volley. You can file a claim with the at-fault driver’s insurance company along with evidence such as accident reports, medical records, and documentation of your losses. Keep in mind, though, that the insurance company is still going to try to minimize what happened—even if their driver was intoxicated. Their goal is often to settle claims for as little as possible.
If the insurance company doesn’t offer a fair settlement, filing a lawsuit may be the next step. This allows the case to move into the court system where a judge or jury can review the evidence and come to a verdict on damages. That provides financial support for your:
- Current and future medical expenses
- Lost income and reduced ability to work
- Repair or replacement costs for your vehicle and other property
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses in fatal accidents
- Punitive damages intended to hold the intoxicated driver accountable for reckless behavior
There’s also an important deadline to keep in mind. In California, people generally have two years from the date of the accident to file a personal injury claim. Waiting too long can make it harder to gather evidence and move forward with the case.
When Do DWI Accidents Usually Happen in California?
This is one of the hardest questions to answer, because it’s different each time. Some drivers are making an impulsive decision, while others are simply too intoxicated to even understand what they’re doing. One way or the other though, there’s enough DWIs in California to show a pattern. They usually happen:
- Late at night after leaving bars or parties.
- On weekends, when there’s more intoxicated drivers on the road.
- During holidays, especially big holidays like New Year’s Eve or Independence Day.
- After major events like concerts, sporting games, or festivals.
At the end of the day, it doesn’t matter when or even why DWI accidents happen. If you’re in one, they’re (usually) much more serious than a typical car accident. At that point, it’s about taking the right steps to get through the aftermath.
Get Help After a DWI Accident in California
A DWI accident may be handled like any other car accident from a legal standpoint, but the reality is that they often have more serious injuries and greater damage. Our team at Maison Law can help you understand your options and move through the claims process after being injured by an intoxicated driver.
If you’re dealing with the aftermath of a DWI accident, reach out today to set up a free consultation.
