Maison Law helps anyone that’s been hurt in a car accident caused by driving under the influence in Santa Maria. While any car accident is difficult to deal with, a DUI accident is often among the worst you can find yourself involved in. From facing injuries to other long-term losses, our team can help you through the legal process. Contact us today for a free consultation.
When Do You Need a Lawyer?
Although they’re much more serious, you still don’t technically need a lawyer to file a claim. Despite this, serious injuries from DUI accidents mean you need help simplifying the process. This is something our lawyers have a vast amount of experience in. Here’s what we do for our clients in these cases:
- Investigate the accident and show that the other driver was intoxicated
- Compile and present medical records and other evidence
- Explain your rights and options to you
- Negotiate with insurance companies
- File a lawsuit if needed
Again, the thing you need the most in a DUI accident is things to be easier. With our team’s support, you can be confident that your claim will be handled effectively.
Is the Driver Always Responsible in a Santa Maria DUI Accident?
The first step in most DUI accident claims is figuring out who’s legally responsible for the accident–and your injuries. Not surprisingly, the driver is going to carry most of the responsibility because driving under the influence is perhaps the most straightforward example of “negligence”, or the violation of the duty of care to keep you and other road users safe.
Negligence is the legal standard for paying for damages in a car accident, but even in a DUI accident, others could be involved:
- Owners of the car – Car owners may be liable if they allowed someone under the influence to drive their vehicle.
- Other drivers – Drivers who were speeding or distracted could share some blame.
- Party or event hosts – Hosts of gatherings who served alcohol or drugs might be partly responsible if an intoxicated guest caused the accident.
- Bars and restaurants – Bars or restaurants might be at fault if they served excessive alcohol to someone who then caused the crash.
- Government agencies – Local agencies could be responsible if poor road conditions contributed to the accident.
- Companies that make vehicles or parts – Vehicle manufacturers might be liable if a defect in the car worsened the accident.
One of the things that make DUI accidents so frustrating is that they’re entirely preventable. Yet, given the potential complications, it’s important to do things after the accident that will protect and strengthen your claim.
What is the Foundation of a Santa Maria DUI Accident Claim?
While a DUI accident usually has fairly straightforward liability, the legal process doesn’t automatically guarantee success. Rather, the legal process requires you to make a strong claim. In order to do that, you have to take certain steps after the accident itself to form your claim’s foundation:
- Getting medical care and assessing injuries – Once you’re safe, check yourself and others in the car for injuries. Even minor injuries should be noted as they might worsen over time. If you’re hurt, call 911 for medical help.
- Calling the police to document the accident – Report the accident by calling the local police (usually the Santa Maria Police Department) immediately. Make sure they document the incident and the other driver’s intoxication, as this will be key evidence for your claim.
- Preserving and keeping evidence – Collect all medical records related to your injuries, including emergency room visits, doctor appointments, and prescribed treatments. Get a copy of the police report, which will include important details about the accident and the other driver’s condition. While you can’t use the police report as evidence in a lawsuit, the information is still valuable.
Discussing the accident can be tough, but it’s essential for building your claim. Our team is here to support and guide you through the process, making it as easy as possible.
How Can You Recover Damages in a Santa Maria DUI Accident Claim?
A DUI accident presents multiple challenges. You may face serious injuries, vehicle damage, emotional trauma, and even the loss of a loved one. All these factors are considered when evaluating your case and determining your “damages.”
These losses form the basis of your injury claim, which is the main purpose of filing a claim. To recover these damages, you need to file a claim, either by:
- Filing an insurance claim – This is done outside of court and involves dealing directly with the insurance company.
- Filing a personal injury lawsuit – This involves taking legal action in court to seek “damages.” It’s overseen by an impartial judge and jury.
Once your claim is filed, you may recover:
- Medical expenses
- Costs relating to permanent injuries
- Lost income or earning potential
- Repair/replacement costs for your vehicle or other damaged property
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses
- Punitive damages
Keep in mind that the specific damages you can recover depend on the details of your accident and injuries. In California, you have two years from the date of the accident to file your claim. Otherwise, you can’t even file a claim or recover damages. And in a DUI accident, recovering damages is extremely important.
Typical DUI Accidents and Injuries in Santa Maria
It’s true that every DUI accident is different, with its own circumstances and outcomes. But that doesn’t mean that there aren’t patterns. In fact, a DUI accident–regardless of when or where it happens in Santa Maria–has many of the same characteristics. Mostly, they involve similar types of accidents and injuries like:
- Rear-end accidents – These happen when an impaired driver is too close or isn’t able to react in time to a slow or stopped car. Common injuries include severe whiplash, back pain, and injuries to the head and neck.
- Head-on collisions – These are among the worst DUI accidents, happening when an impaired driver veers into oncoming traffic or drives the wrong way, causing a frontal collision. This, obviously, results in head injuries, chest injuries, and damage to vital organs.
- T-bone accidents – Also known as “side-impact collisions”, these are caused when an impaired driver runs a stop sign or red light and crashes into another vehicle. Injuries from these accidents usually involve broken ribs, pelvic fractures, and severe head and neck injuries.
- Rollover accidents – Impaired drivers might misjudge their speed or overcorrect, leading to their vehicle rolling over. These accidents are particularly dangerous for passengers and can cause severe injuries like spinal cord damage, head injuries, and multiple fractures.
- Pedestrian or bicycle accidents – Impaired drivers might not see pedestrians or cyclists, leading to serious injuries or deaths. Some typical injuries include head injuries, broken bones, and severe lacerations.
Virtually everything is compounded in a DUI accident, from the speed of the impaired driver to the impact of any resulting collisions. Unfortunately, this usually results in one of the above styles of accidents. Worse, the injuries that result are often fatal for others involved rather than the driver themself.
Make a Recovery After a Santa Maria DUI Injury With Maison Law
You never want to be in any car accident in Santa Maria, let alone one caused by a driver that’s impaired or under the influence. Unfortunately, this is fairly common. However, you do have ways to make a recovery and our team at Maison Law will be there to guide you through it. To get the legal process started, contact us today for a free, no-obligation consultation.
