Despite stricter laws and public service campaigns, drunk drivers continue to cause accidents. These are crashes that cause serious injuries and shatter lives. If you have been hit by a drunk driver in California, you might be eligible to pursue a personal injury claim against the liable party.
The at-fault driver's insurance is responsible for paying the damages that resulted from the crash. If a driver gets behind the wheel while intoxicated, he or she is acting in a negligent manner and breaking the law. You could suffer a variety of damages when you are hit by a drunk driver.
The injuries you suffer might impact you for months or even years to come. In the meantime, you could face major financial losses. A personal injury claim might help you recover compensation for your losses.
What to Do If Hit by a Drunk Driver in California
You got involved in a car accident with a drunk driver. The first thought that comes to mind is what do I do if I was hit by a drunk driver in California?
First, you should call 911 to get the nearest California law enforcement agency involved. Driving under the influence is a crime that requires a police presence. The responding officers also write and submit a formal report that describes in detail the key points of the incident. Asking for a copy of the formal police report is important if you decide to take legal action against the drunk driver.
You should seek medical attention, but when you receive medical attention depends on the severity of your injuries. If you sustained serious injuries, you should immediately go to the closest emergency medical facility. Minor injuries allow you to remain at the scene of the accident to gather evidence, as well as write down the names and contact information of every witness.
Even if you sustained minor injuries, you should get the injuries checked out by a physician. The most substantial type of expense that is associated with a car accident of any kind is medical bills. Minor injuries can rack up a substantial amount in medical expenses.
After you receive medical care, contact a personal injury attorney. Your lawyer conducts an investigation that determines where the other driver drank and whether you should file criminal charges in addition to a civil lawsuit.
Finally, you need to file a claim with your insurance company to take care of the expenses associated with medical bills and the damage done to your vehicle.
How Negligence Impacts A California Personal Injury Claim
In California, a drunk driver can face up to a fine of $1,000 fine, $2,600 in penalty assessments, six months for imprisonment, and license suspended for up to six months. If the driver has a blood alcohol level of .15% or more, the penalties are even higher and your vehicle is impounded.
When driving drunk, an individual is not exercising due care. Failing to exercise due care is negligence. To have a successful personal injury claim, you have to be able to prove negligence.
The responding law enforcement officer will complete an accident report and conduct testing to determine the driver's blood alcohol content (BAC). These documents will support your claim and show that the other driver was negligent by driving while intoxicated.
Damages From Being Hit By A Drunk Driver in California
Damages suffered from a drunk driving accident can vary significantly. The speed of the vehicles and point of impact play a significant role in the outcome of your accident. Drunk driving accidents can be very serious.
Life-altering injuries, such as traumatic brain injuries, spinal injuries, neck injuries, paralysis, lacerations, and even broken bones can result from the crash. Your car will be damaged as a result.
You will need to take your vehicle to a qualified auto body repair shop to get a written estimate showing how much it will cost to get your car back to its original condition. If damages are severe, your car might be deemed a total loss because the repairs cost more than the car is worth.
Consult With A Personal Injury Attorney
If you have been hit by a drunk driver, you should consult with a California personal injury attorney. An attorney will investigate the accident and gather the evidence and documentation that will support your personal injury claim and prove liability falls on the other driver.
Your lawyer will gather all your medical records to show which damages you suffered. Common damages from a drunk driving accident include medical expenses, future loss of earnings, loss of enjoyment of life, lost wages, future medical expenses, property damages, and permanent scarring.
Schedule a free case evaluation right away so you can get your claim started before the statute of limitations runs out.
