Maison Law helps car accident victims in Tulare. Dealing with a car accident is challenging, especially when the other driver is under the influence of alcohol or drugs. If you or someone close to you has been injured in such an accident, contact our Tulare car accident lawyers for a free consultation to discuss your legal options.
Do You Need Legal Help After a DUI Accident in Tulare?
While a DUI accident is still a car accident, it differs significantly in terms of damage and injuries. This means you’ll likely need legal help. With our experience and resources, our team can significantly help your case by:
- Investigating the accident
- Showing the other driver’s intoxication
- Collecting and organizing medical records and evidence
- Explaining your rights and options
- Handling negotiations with insurance companies
- Filing a lawsuit if needed
A DUI accident is particularly complex. While you don’t have to hire a lawyer to file a claim, the severity of injuries and other factors often make our help very important to how your claim plays out.
Who’s Responsible When There’s a DUI Accident in Tulare?
When you’re involved in a DUI car accident, the starting point of your legal options is actually the same as any other car accident: figuring out who’s responsible for causing the accident–and thus responsible for paying for your losses.
Fortunately, a DUI accident makes this fairly simple: the driver that’s under the influence and causes the accident is going to carry most of the responsibility. Driving under the influence is one of the clearest forms of negligence, which is the legal standard for liability. That said, like any accident, it depends on the circumstances. In a DUI accident, liability might also be shared by others, including:
- Other drivers not directly involved
- Owners of the vehicle
- Employers (if the driver was in a work vehicle or on the clock)
- Property owners (if they were selling or hosting an event where the drugs or alcohol was provided)
- Government agencies responsible for road maintenance
- Vehicle or parts manufacturers
DUI accidents are incredibly frustrating because they are often preventable. The situation becomes even more concerning when multiple parties share the blame. Still, figuring out who is responsible is crucial for pursuing a claim for your injuries and damages.
What Injuries Are Typical in a DUI Accident?
DUI accidents are particularly severe, often resulting in serious injuries for you and others involved, including the other driver. Impaired driving significantly increases the risk of severe injuries to both your body and vehicle. Typical injuries include:
- Traumatic brain injuries and concussions
- Broken bones, especially in the arms, legs, and face
- Neck and spinal injuries
- Torn ligaments
- Burns
Sadly, DUI accidents often lead to fatal injuries, making the legal process crucial for your recovery or for helping your surviving family members.
What’s the Claims Process After a DUI Accident in Tulare?
A DUI accident, while challenging, is fundamentally a car accident. As a result, your legal options revolve around filing a claim to recover damages from those responsible. Generally, you have two main options:
- Insurance claim – Filing a claim with the at-fault driver’s insurance company.
- Lawsuit – Taking legal action by filing a civil lawsuit against the responsible parties in court.
An insurance claim is a less formal process managed by the insurance company and can offer quicker financial support. However, keep in mind that their goal is to minimize their payout. Alternatively, if you need to file a lawsuit, it’ll take more time and effort but generally provides a better chance of receiving fair damages.
No matter which option you choose, you can potentially recover:
- Medical expenses – These cover all your healthcare costs related to the accident, including hospital bills, surgeries, medications, and treatments.
- Lost income – This category of damages is for income lost due to your inability to work because of your injuries.
- Property damage – This covers repair or replacement of damaged vehicles or other personal property.
- Pain and suffering – These damages are for any physical pain and discomfort resulting from the accident.
- Emotional distress – These damages address the psychological impact of the accident, such as anxiety, depression, and other mental health issues.
- Loss of companionship and quality of life – These damages relate to how the accident negatively impacts your relationships and the ability to enjoy daily activities.
- Wrongful death expenses – If the accident results in a loved one’s death (common in DUI accidents), this covers funeral costs, loss of financial support, and emotional suffering.
- Punitive damages – These are extra damages awarded in cases of extreme negligence or recklessness, designed to punish the driver and prevent future instances of DUI.
Remember, the specific damages you can recover depend on the details of your accident and injuries. In California, you must file your claim within two years of the accident date to retain your right to recover damages.
What Do You Need to Do to Protect Your DUI Injury Claim in Tulare?
In Tulare, as with any other place, just having the right to file an injury claim isn’t sufficient for recovering damages. Rather, you have to prove your case. You do this by showing certain information and evidence of your losses caused by the accident–even one as blatant as a DUI. Here’s a few things you can do to protect and strengthen your claim:
- Call 911 – Call 911 right after the accident. Let the local police (typically the Tulare Police Department (TPD) or county sheriff) know if you think the other driver is impaired.
- Get medical care – Get medical help, even for minor injuries both by EMTs at the scene and then further care at a hospital. Your medical records are vital for linking your injuries to the DUI accident.
- Collect evidence – Gather evidence at the scene and look for signs of the other driver being under the influence. Keep all documentation and avoid repairing your vehicle or property.
- Cooperate with any investigations – Give your statement to the police and explain why you think the other driver was impaired.
- Stay calm – Stay calm at the scene, focus on your health and safety, and remember that help is available.
Following these steps will help build the basis for your potential claim. But more importantly, it’ll also address your health and safety. Those two things are always the top priority in any car accident. From there, though, you can lean on our experienced team for support and guidance.
Contact Maison Law After a Tulare DUI Accident
Handling the fallout from a DUI accident can be incredibly difficult, but the legal process offers your best chance to address your injuries and other losses. Every case is different, and our Tulare DUI injury lawyers at Maison Law are here to support you. Contact us today for a free consultation and begin your recovery.
