Drunk driving claims thousands of lives every year, and even small towns like Tulare suffer from drunk drivers. If you’ve been hit by a drunk driver, at Maison Law, we know how devastating it can be. A car accident is bad enough, but when the driver was impaired, it adds to the anguish felt by the victims.
We also believe that those injured by an impaired driver deserve justice under the law, and part of that justice is getting compensation for the victims.
Full Justice for Drunk Driving Injuries
When a person gets charged with a DUI, they have to pay penalties which are fines, probation, loss of license and possible jail time. However, victims of a drunk driver can also get justice in California’s civil courts by suing the driver for compensation.
The law requires that the drunk driver “make the victim whole again.” We know that’s not actually possible, so the next best thing is to be monetarily compensated for all injuries and financial losses.
Making a Tulare DUI Injury Claim
Just because one is injured in an accident where the other driver was intoxicated, it doesn’t mean that the injured person will automatically get compensation for their injuries. Rather the victim will need to make a case that the driver was negligent in his or her driving and that the negligence was the cause of the injuries.
To prove negligence the injured person must prove that the other driver acted carelessly and without due regard for other’s safety. This means that while on top of being impaired, the person did something negligent and careless like ran a red light or turned in front of a car that had the right-of-way.
Damages
It seems that if you are hurt by a drunk driver, then the court should just automatically give the victim certain compensation amounts. However, this isn’t how the law works. To get compensation for a DUI injury accident, the victim must seek certain damages allowed by law.
At Maison Law, we are experienced at seeking the maximum compensation allowed, and understand how to make the right claims to the court. Some financial costs are obvious like medical bills and missed time from work, while others are more tangible like pain and suffering and mental anguish for the victim and in some cases members of the victim’s family.
Some of the common damages sought in a DUI cases are:
- Medical Bills
- Lost time from work
- Travel to and from treatment
- Rehabilitation
- Loss of future income
- Vocational retraining
- Pain and Suffering
- Mental Anguish
- Loss of Consortium
- Loss of Quality of Life
- Permanent Disability
- Permanent Disfigurement
Punitive Damages
When anyone is injured by another person, the victim can get punitive damages—which are paid out on top of all other damages—if the at-fault driver was engaged in “oppression, fraud or malice”. In California, the Supreme Court included impaired driving as conduct that could allow for punitive damages.
This will allow the victim to recover more than just the usual damages allowed by the law. If the court does award punitive damages, then the insurance company for the at-fault driver will have to pay those as well up to the policy limits.
Contact a Tulare Drunk Driving Attorney
After any accident involving a serious injury, speak to an experienced attorney such as Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice and the personalized attention to detail their case deserves.
