Maison Law represents victims of DUI car accidents in Santa Cruz. Car accidents are tough to deal with, but they become even more complicated when a driver involved is under the influence of alcohol or drugs. When you get injured in one of these accidents, don’t wait to contact our team for a free consultation to talk about your options.
Do You Need a Lawyer for a DUI Accident in Santa Cruz?
A DUI accident is especially challenging and complex. While you don’t have to hire a lawyer to file a claim, the serious nature of the injuries and other factors often make an experienced legal team necessary. Our team at Maison Law can help you by handling the details of your case, including:
- Investigating the accident
- Proving the other driver was intoxicated
- Gathering and organizing medical records and evidence
- Guiding you through your rights and options
- Negotiating with insurance companies
- Filing a lawsuit, if you decide to go forward with a case
Most of all, our goal is to make things easier for you and help you build a strong claim. This can make the process of getting better much easier on you and your family.
How to Strengthen Your DUI Accident Claim in Santa Cruz
Even with our legal help, handling a DUI accident involves more than just filing a claim. Even though being hit by a driver under the influence can strengthen your case, you still need to take some important steps to get the information and evidence you’ll need later:
- Call 911 – Contact emergency services immediately after the accident and inform the local police (usually the Santa Cruz Police Department (SCPD) or county sheriff that you think the other driver is intoxicated.
- Get medical help – Seek medical attention, even for minor injuries. Your medical records will connect your injuries to the DUI accident.
- Gather evidence at the accident scene – Collect evidence and note any signs that the other driver was under the influence. Also, make sure to save any documentation and don’t make any repairs to your vehicle or damaged property.
- Work with investigators – Provide your account to the police and explain why you believe the other driver was impaired.
As with any accident, try to stay calm at the scene, prioritize your health and safety, and remember that you can get help. With these steps, you form the foundation of your potential claim.
What Are Your Claim Options After a Santa Cruz DUI Accident?
As an injury victim, you have the legal right to bring a claim for damages after a DUI accident in Santa Cruz. But strictly speaking, you have a couple options to do this. Usually, it involves filing either:
- An insurance claim
- A personal injury lawsuit, or sometimes both
An insurance claim is usually the first step, where you submit a claim to the responsible party’s insurance company. From there, the company investigates and typically offers you a settlement after gathering records and evidence. While a DUI accident is extremely hard to defend, an insurance company’s ultimate goal is to pay you as little as possible. If their offer isn’t enough to cover your damages, you would then file a lawsuit in civil court.
The lawsuit process takes longer, but it offers a greater chance at more “damages”, because it’s overseen by an impartial judge and jury. In both options, you have available “damages” from your injuries and other losses, usually consisting of the following:
- Medical expenses
- Repair/replacement costs for your vehicle
- Lost wages or earning potential
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
- Wrongful death expenses, if your injuries are fatal
- Punitive damages
The damages you’re ultimately able to recover depend on the specifics of your accident and injuries. In California, you have to file your claim within two years of the accident. Missing this deadline (known as the statute of limitations) usually means you can’t file a claim at all.
Who Pays For Your Damages in a Claim?
A huge hurdle for any car accident claim is figuring out who has to pay for your damages. This is established by showing “negligence”, or the violation of a duty to keep you and others safe while on the road. Every driver that gets behind the wheel has this legal responsibility, and obviously breaks it when they drive under the influence. In most DUI accidents, the driver is going to be the one that has to pay for your damages. However, it’s not always just the driver, as others can share some of this responsibility:
- Owner of the car – They might be liable if they allowed the intoxicated person to drive their vehicle.
- Other drivers – Like any other car accident, other drivers not directly involved in the accident itself could share liability if they were driving recklessly or not paying attention.
- Property owners – If they hosted a party where alcohol or drugs were provided, and someone drove intoxicated afterward, they could be partly responsible.
- Businesses – Bars and restaurants might be at fault if they served alcohol to someone already intoxicated or underage, leading to an accident.
- City of Santa Cruz’s road maintenance agencies – Local agencies that are responsible for road maintenance might be liable if poor road conditions or safety issues contributed to the accident.
- Car or parts makers – Vehicle or parts manufacturers might be responsible if a defect worsened the accident.
Figuring out who is at fault is crucial for making sure you get the financial support you need for your injuries and damages. And in a DUI accident, your damages can be extremely costly.
What Makes Santa Cruz DUI Accidents So Harmful?
It’s not surprising that DUI accidents in Santa Cruz are so harmful, given the fact that the driver that’s under the influence has seriously impaired driving ability and reaction times. This, unfortunately, makes the outcome of these accidents–particularly your injuries–more severe. In most DUI accidents, you can expect to have to deal with the following:
- Traumatic brain injuries (TBI) – These are serious injuries from driving under the influence accidents that can affect how you think and feel. They can include concussions or bleeding in the brain, needing a lot of medical care and time to recover.
- Spinal injuries – Injuries to your spine or spinal column frequently lead to paralysis and need major surgery. They can also cause long-lasting pain and nerve problems if the discs in your spine are damaged.
- Internal injuries – High-speed crashes often hurt internal organs, causing complications and a long recovery. Sometimes, you might need an organ transplant, which can lead to more problems.
- Broken bones – Driving under the influence accidents frequently cause broken bones, especially in the arms and legs, due to the force of the crash.
- Muscle damage – These involve damage to muscles, ligaments, and tendons, often in the back, neck, or shoulders. They can limit your movement and cause long-term pain, sometimes needing physical therapy or surgery.
- Burns – In severe accidents, cars can catch fire, causing burns. These types of injuries are usually very serious, requiring surgery to fix or causing permanent damage.
In a lot of DUI accidents, these injuries can turn out to be fatal. Regardless of the level of your injury, you have legal rights in Santa Cruz. Our team at Maison Law can make sure you have the legal support and guidance you need for a successful claim.
Get in Touch with Maison Law After a Santa Cruz DUI Accident
Car accidents are frightening, especially if the other driver was under the influence. If you’re dealing with serious injuries or the loss of a loved one, you don’t have to go through it alone. Maison Law and our Santa Cruz DUI accident lawyers are here to support you. For help with understanding your legal options, contact us today for a free consultation.
