Maison Law represents car accident victims in Stockton. One of the most troubling causes of car accidents is when the driver is impaired by drugs or alcohol. These accidents often result in more severe injuries, but you still have legal options. Contact us today for a free consultation to learn more.
Do You Need a Lawyer After a DUI Accident?
Even though DUI accidents are usually serious, your injuries might be minor. In California, hiring a lawyer isn’t mandatory for an injury claim, even for DUI accidents. However, given the potential for significant injuries and damage, having our team on your side can greatly benefit your case.
We simplify the legal process for you by doing the following:
- Investigating the accident
- Showing the driver was intoxicated
- Collecting medical records and evidence
- Explaining your rights and options
- Negotiating with insurance companies
- Filing a lawsuit if needed
Our goal is to help you navigate everything and build a strong case. But the actual process for making a case starts right after the accident itself.
How Can You Build a Strong DUI Case in Stockton?
Even among car accidents in Stockton, a DUI accident presents both huge and unique challenges. Not only does it usually result in more serious injuries for you and others with you, but it also makes getting the necessary information for your claim very difficult because the other driver is impaired and may not even know where they are. From your perspective, though, it doesn’t change what you need to do to build a strong case:
- Move to safety – Get to a safe spot and check if you or anyone else is hurt.
- Call 911 – Call 911 so an ambulance and the Stockton Police Department (SPD) can respond to the scene. Make sure to tell the dispatcher the other driver might be impaired.
- Get the police report – Make sure the police note that the other driver was impaired and get a copy of their report. Also make sure to get any sobriety test results.
- Take photos and videos – Document the scene, including car damage, road conditions, and any injuries.
- Be careful with what you say – Work with the investigation but watch what you say, as it could affect your claim.
- Follow your doctor’s orders – Stick to your doctor’s orders and go to all follow-up appointments.
Doing these things helps you deal with the accident and protect your rights. Our experienced team can guide you through the process and help build a strong case. But it’s also important to understand how the process works.
How Does the Legal Process Work After a Stockton DUI Accident?
When a driver is caught driving under the influence in Stockton, they face both criminal and civil consequences. As a victim, you only need to focus on the civil side. Despite the serious issues of a DUI accident, such as severe injuries or loss of life, you can file an injury claim just like with any other car accident.
You have two main options:
- Insurance claim – You can file a claim with the responsible party’s insurance company for financial support to cover your damages without going to court.
- Lawsuit – If you need more financial support than the insurance company offers, you can sue the responsible party in court for a potentially larger amount.
With your claim, you can seek “damages” for:
- Medical expenses – These damages cover all costs for your treatment and future medical care.
- Lost income – These damages cover the income or earnings you missed out on from not being able to work and future earning loss.
- Property damage – These damages cover any expenses to fix or replace your car and any other damaged property from the accident.
- Emotional distress – These damages provide financial support for the emotional damage from the accident, such as anxiety, stress, or PTSD.
- Pain and suffering – These damages cover costs related to the physical pain from your injuries.
- Reduced quality of life – These damages cover for reduced quality of life.
In most DUI accidents, if someone dies, you can get financial support to cover funeral and burial costs. You might also receive extra “punitive damages” since the driver was extremely reckless.
Remember, the amount you can recover depends on your specific situation and injuries, as well as how well you present your case. Make sure to file your claim within two years of the accident to protect your right to damages.
Who’s Liable For Your Damages in a DUI Accident?
DUI accidents can be frightening due to the potential damages, but there’s a very important thing you need to figure out to fully explore your legal options: establish liability.
In a DUI accident, the intoxicated driver is usually the main party liable for your damages. However, others might also share some responsibility:
- Vehicle owners – If someone lets a drunk person drive their car, they could be responsible.
- Other drivers – If other drivers were careless or reckless, they might also be at fault.
- Hosts – If a party host served alcohol or drugs and a guest caused an accident, the host could be liable.
- Bars and restaurants – Places that over-serve alcohol to customers who then cause accidents might share liability.
- Local government – If poor road conditions contributed to the accident, the Stockton city government might be responsible.
- Vehicle or parts manufacturers – If a vehicle defect worsened the accident, the manufacturer could be held accountable.
While the intoxicated driver is mainly responsible, these other parties could also be involved in paying for damages. This is a major hurdle for any claim, because it tells you who you’ll be filing against. But like any accident, your damages are going to relate closely to your losses.
What Losses Come From a DUI Accident in Stockton?
Whenever there’s a DUI accident in Stockton, there’s going to be some level of loss. Most of the time, it’s built around the above damages. Every accident is different, but most DUI accidents leave victims facing:
- Injuries and treatment – In a DUI accident, treating severe injuries like traumatic brain injuries (TBIs), spinal injuries, internal organ damage, fractures, muscle tears, or burns can be extremely costly. These injuries often require extensive medical treatment, including surgeries and long hospital stays.
- Long-term care needs – DUI accidents can lead to chronic conditions such as paralysis, ongoing pain, or limited movement. These long-term effects often result in continuous medical expenses and the need for physical therapy or additional treatments.
- Losing income – Severe injuries from a DUI accident can cause significant lost wages due to time off work for recovery. Additionally, the impact on your long-term earning capacity may affect your future income potential.
- Emotional damage – The serious injuries sustained in a DUI accident can lead to substantial emotional and psychological distress, affecting your overall well-being and quality of life. This emotional toll often requires additional support and treatment.
These losses can be substantial, with innocent victims often suffering the greatest impact. No matter the severity of your situation, we’re here to help you recover what you’ve lost in your accident.
Contact Maison Law for Help After a DUI Accident in Stockton
Dealing with the aftermath of a DUI accident can be challenging, but the legal process is the best chance you have for addressing your losses. Each case is unique, and our Stockton DUI injury lawyers at Maison Law are committed to providing the support you need. Contact us today for a free consultation to start the recovery process.
