Posted On November 22, 2024 Car Accidents,Riverside
Accidents caused by drunk drivers can leave victims with severe injuries, emotional trauma, and significant financial burdens. In Riverside and across California, drunk driving is not only illegal, but it also places innocent lives in danger. If you or a loved one have been injured by a drunk driver, you have the legal right to seek compensation for your losses.
As experienced personal injury attorneys who specialize in car accidents in California, we’ll guide you through the essential steps to take after an accident and explain how to navigate the legal system to protect your rights.
Drunk driving accidents require swift action. What you do in the moments following the crash can have a major impact on your ability to recover physically, emotionally, and financially. Below are the key steps to take immediately:
Your health and safety are the top priority after an accident. Even if you don’t feel seriously injured at the time, some injuries, like concussions or internal injuries, may not show symptoms right away. It’s critical to seek medical attention as soon as possible.
For example, consider a scenario where a victim in a Riverside drunk driving accident walked away with only minor scrapes but began feeling dizzy and nauseous later. Upon visiting a doctor, they learned they had suffered a concussion, an injury that requires prompt treatment. Getting medical care quickly also strengthens your legal claim, as medical records will document the extent of your injuries.
Always call 911 after an accident involving a suspected drunk driver. The police will arrive at the scene, assess the situation, and conduct field sobriety tests if they suspect the driver is intoxicated. This police report is crucial evidence in proving the drunk driver’s liability.
In California, drunk driving (or DUI—Driving Under the Influence) is a criminal offense. If the police determine the driver was intoxicated, they will arrest the individual, and the criminal charges can help establish fault in your civil case. Criminal proceedings may also help prevent the drunk driver from hurting others
If your injuries allow, take the opportunity to collect evidence at the scene. This includes taking photos of the damage to your vehicle, any visible injuries, and the overall accident scene, including road conditions and traffic signs. You should also gather contact information from any witnesses.
For example, if a witness saw the drunk driver swerving before the crash, their testimony could significantly bolster your claim. The more evidence you gather, the stronger your case will be when it’s time to pursue compensation. When in doubt, err on the side of gathering evidence.
California has strict laws to protect victims of drunk driving accidents, and as the injured party, you have several legal options available.
If you have been injured by a drunk driver in Riverside, you have the right to file a personal injury claim. Through this claim, you can seek compensation for:
In addition to compensatory damages, California law may allow victims of drunk driving accidents to seek punitive damages. Punitive damages are designed to punish the wrongdoer for particularly reckless behavior and to deter similar behavior in the future. These damages are not available in every personal injury case, but they may be awarded in extreme drunk driving cases due to the criminal nature of the offense. Keep in mind that punitive damage awards are very fact-specific and are not automatic in most cases.
Once you decide to pursue a personal injury claim, it’s important to understand how the process works. Working with an experienced Riverside personal injury attorney will ensure that your rights are protected throughout the process.
The first step in filing a claim is to consult with a personal injury attorney who specializes in accidents including drunk driving accidents. During this consultation, your attorney will review the details of your case, explain your legal options, and assess the potential value of your claim. Most personal injury attorneys, including our team at Montgomery Steele, offer free consultations.
Once you hire an attorney, they will begin a thorough investigation of the accident. This may include:
The goal of this investigation is to build a strong case that clearly demonstrates the drunk driver’s liability and the extent of your damages. The investigation will also help you understand any limitations that may apply to your case.
In many cases, the drunk driver’s insurance company will offer a settlement early in the process. However, these initial offers are often far below what you deserve. Insurance companies are businesses, and their primary goal is to minimize their payout. Your attorney will handle all negotiations on your behalf, ensuring that you receive fair compensation.
Most personal injury cases are settled out of court, but in some instances, a trial may be necessary to secure the compensation you deserve. If the insurance company refuses to offer a fair settlement, your attorney will prepare your case for trial. This can be a lengthy process, but it may be necessary to achieve full compensation for your injuries.
The amount of compensation you can receive in a personal injury claim depends on several factors, including the severity of your injuries, the impact on your life, the medical care that you received, and the total extent of the insurance available. Remember, no two cases are identical and your case is unique.
You are entitled to compensation for both your current and future medical expenses. This includes doctor’s visits, surgeries, physical therapy, medication, and any ongoing care you may need. In cases involving severe injuries, future medical care can significantly increase the value of your claim.
If your injuries prevent you from working, you can seek compensation for lost wages during your recovery period. If your injuries are permanent and affect your ability to earn a living, you may also be entitled to compensation for loss of future earning capacity.
In addition to compensation for financial losses, you may also be entitled to compensation for the physical pain and emotional suffering caused by the accident. This can be a significant portion of your claim, especially if your injuries are long-term or life-altering.
Drunk driving cases are unique and require specialized knowledge of California’s personal injury laws. Here’s why working with an experienced personal injury attorney is essential:
Conclusion
Being injured by a drunk driver is a traumatic experience, but you don’t have to face it alone. By taking immediate action, understanding your legal rights, and working with an experienced personal injury attorney, you can secure the compensation you deserve and begin to move forward with your life.
If you or a loved one has been injured by a drunk driver in Riverside, contact Montgomery Steele today for a free consultation. We’re here to help you through every step of the process and ensure that justice is served.
“Disclaimer:
The content provided on this blog is for general informational purposes only and does not constitute formal legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees. The information provided here should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.
Your use of this blog and any information contained herein does not create an attorney-client relationship between you and our firm. For advice regarding your individual situation, please contact our office as we would be happy to discuss your case. We expressly disclaim all liability with respect to actions taken or not taken based on any or all the contents of this blog.”
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