Maison Law represents anyone hurt in a car accident in Santa Barbara. Car accidents can be tough to handle, and things get even more complicated when a driver is under the influence. If you or someone you care about has been hurt in such an accident, contact our Santa Barabara car accident lawyers for a free consultation.
Do You Need Legal Help After a DUI Accident?
A DUI accident, at its core, is still a car accident. This means that your legal needs are going to depend on your situation. There’s a chance that your accident or injuries will be minor and won’t require legal action, but a DUI accident frequently means serious injuries and other damage you have to deal with.
This makes having the right legal help very important for your recovery. Our team at Maison Law will be there to support you by We take care of everything for you, from investigating the accident and proving the other driver was under the influence to gathering medical records, explaining your rights, negotiating with insurance, and filing a lawsuit if necessary.
Our aim is to make the process easier and help you build a strong case so you can make a recovery.
What Legal Options Do You Have After a DUI Accident?
When a driver is caught driving under the influence, they face both criminal and civil charges. As a victim in an accident, you only need to focus on the civil side. Despite the significant challenges of a DUI accident–like severe injuries or loss of life–you have the right to file an injury claim just like with any other car accident.
You have two main options:
- Filing an insurance claim outside of court
- Filing a personal injury lawsuit
Once you file your claim, you’ll seek financial support for damages related to your specific injuries, such as:
- Medical expenses
- Ongoing care
- Lost wages or earning potential
- Vehicle repairs or replacements
- Emotional distress
- Pain and suffering
- Loss of companionship or enjoyment of life
- Wrongful death expenses
- Punitive damages
The exact amount you can recover depends on your situation and the severity of your injuries. Remember to file your claim within the statute of limitations, typically two years from the accident, to protect your right to seek damages. But the process depends a lot on the circumstances, including who has to pay for your damages.
Who Pays For Your Damages in a DUI Accident?
When you think about the possible damages that come with a DUI accident, it’s quite scary. Because they’re so devastating, recovering legal damages is going to be very important to your overall recovery. That said, you first have to figure out who pays for these damages. This means establishing “liability” for the accident.
Fortunately, this isn’t that difficult in a DUI accident: the driver that’s under the influence is going to carry most of the liability, and thus will be the one that’s responsible for paying for your damages.
However, like any car accident, others can share liability:
- Owners of the vehicle – If someone lets a drunk person drive their car, they can be held responsible.
- Other drivers – If other drivers were reckless or careless, they might also be responsible.
- Hosts – If someone serves alcohol or drugs at a party and a guest causes an accident, the host might be held responsible.
- Bars and restaurants – Places that over-serve alcohol to customers who then cause accidents can share some liability.
- Local governments – If poor road conditions contributed to the accident, the local government could be responsible.
- Vehicle makers – If a vehicle defect made the accident worse, the manufacturer might be held responsible.
The intoxicated driver will be mainly responsible for your damages, but these other parties could also help you get damages. That said, your damages are going to depend on how strong your case is.
How Can You Put Together a Strong DUI Injury Claim?
To prove the extent of your damages, you’ll need to take several steps. Here’s how you can strengthen your claim:
- Report the accident – Call 911 as soon as possible so that an ambulance and the police can come to the scene. Let them know if you think the driver was intoxicated. Allow EMTs to take care of any injuries.
- Document the accident – If it’s safe, use your phone to take pictures and videos of the accident scene, including your injuries and any damage to vehicles involved.
- Collect information – Try to get the contact details, insurance information, and license plate number of the intoxicated driver. If you can’t, ask the police for help. Also, get contact information from any witnesses, as their statements can be useful.
- Avoid admitting fault – Don’t admit responsibility for the accident. Allow the police to investigate and avoid making statements that could harm your claim.
- Tell your insurance – After handling the immediate aftermath, tell your insurance company about the accident. This will start the claims process and help you get assistance.
- Keep records – Maintain a record of all medical bills and documentation related to the accident, like repair estimates and letters from insurance companies. These will be crucial for showing your injuries and damages.
Following these steps is essential in a DUI accident. It’s frustrating, but it’s important to address liability issues and gather all necessary evidence to put everything together for a strong claim. But it’s also important to understand what a DUI accident can mean for you.
How Severe Are Injuries in a DUI Accident?
A DUI accident in Santa Barbara happens more than you might think, given the numerous places and events where alcohol is sold or drugs are provided. Not surprisingly, alcohol or drugs impair judgment and slow reaction times, which make collisions much worse. This, in turn, increases the risk of major injuries. Most of the time, you can expect to have to deal with things like:
- Traumatic brain injuries (TBIs) – These can affect physical and emotional health and often need extensive treatment.
- Spinal injuries – These can cause paralysis or chronic pain and may require complex surgery.
- Internal organ damage – High-speed crashes can damage internal organs, which might need complicated recovery or even organ transplants.
- Fractures and broken bones – The impact often leads to broken limbs that require medical care.
- Muscle or ligament tears – These injuries can cause long-term pain and limited movement, needing physical therapy or surgery.
- Burn injuries – Serious accidents can cause burns or nerve damage, which may need reconstructive surgery.
Sometimes these injuries can be fatal, and often the innocent parties suffer the most, not the impaired driver. No matter how severe your injuries are, we’re here to support your claim.
Contact Maison Law After a DUI Accident in Santa Barbara
Dealing with a DUI accident can be incredibly frustrating, but filing a claim is crucial for your recovery. Every case is differnet, but with the dedication and experience of our Santa Barbara DUI injury lawyers at Maison Law, you’ll receive the legal support you need. Contact us today for a free consultation to get started.
