Drunk driving is a dangerous choice that puts drinkers and everyone else on the road in harm’s way. Crashes involving drunk drivers frequently cause horrific injuries, and victims often deal with financial stress from medical bills and lost income. While the police can file criminal charges, victims often need legal support to recover fair compensation and rebuild their lives.
Dordick Law Corporation is ready to help if you sustained injuries in a drunk driving accident. Our Los Angeles car accident lawyers understand your struggle and fight tirelessly to hold impaired drivers accountable. We can investigate the crash, document your injuries, and handle the legal process while you heal. Your initial consultation is free, and you don’t owe us any legal fees unless you recover compensation. Call (310) 551-0949 now or complete our contact form to speak with a drunk driving accident lawyer in Los Angeles.
Why You Need a Drunk Driving Accident Attorney
The authorities may file criminal charges after a drunk driving crash, but it’s not their job to help you rebuild your life. To recover compensation from a drunk driver, you must prove that their actions caused your injuries. That’s rarely easy, even in cases where it seems obvious that a driver was impaired. You’ll likely lose your case without solid evidence and a compelling legal argument.
Our Los Angeles drunk driving accident attorneys can handle your legal case and show why you should receive compensation. We’ll gather police reports, photos from the crash scene, witness statements, and other evidence to prove the driver was impaired. Dordick Law Corporation can also calculate your losses using your medical records, pay stubs, personal testimony, and other documents.
Another critical job we can handle is negotiating with insurance companies. They have a financial interest in minimizing your injuries or shifting blame for the crash. We know their tactics and how to counter them effectively through negotiation. If an insurer refuses to act in good faith, we’re fully prepared to take your case to trial.
Finally, we provide emotional support throughout your case. We’re always available to address your questions or concerns, and you’ll receive personal attention from your attorney. Let us simplify your life during this challenging moment.
What You Must Prove to Win a Drunk Driving Accident Claim
One crucial difference between civil and criminal cases is the level of proof required. Prosecutors must prove a drunk driver broke the law beyond a reasonable doubt, which is a high bar to clear. In a personal injury case, the standard of proof is a preponderance of the evidence – in other words, it’s more likely than not that the drunk driver caused your injuries. Meeting this standard of proof isn’t necessarily easy, but it’s easier than what’s required for a criminal conviction.
Some evidence Dordick Law Corporation can use to prove the other driver was drunk and caused the crash includes:
- The police crash report, which may include the investigating officer’s notes about the driver’s condition after the accident.
- Traffic or surveillance camera footage showing the driver acting carelessly or dangerously.
- Eyewitness testimony about the other driver’s actions.
- The results of any blood or breath tests noting the driver’s blood alcohol content (BAC). (The legal BAC limit for most drivers in California is 0.08 percent.)
- Testimony from expert witnesses about the driver’s condition and their actions leading up to the crash.
Who’s Liable for a Drunk Driving Accident in Los Angeles?
The drunk driver is usually liable for an accident because they chose to drink and drive. Other parties may have contributed to the accident and share liability, though.
For instance, California law allows you to sue bars, restaurants, and other alcohol vendors for accidents in specific circumstances. You must prove that the business served an “obviously intoxicated” minor to recover compensation from them.
You can also sue social hosts for drunk driving accidents in some situations. (Social hosts are people like homeowners who allow people to drink on their property.) Winning a claim against a social host requires you to prove that the host knowingly served someone they knew or reasonably should have known was a minor, who then caused a crash.
Finally, you can sue other parties who may have contributed to a drunk driving accident in other ways. Suppose the drunk driver tried to apply the brakes before a collision, but the brakes failed because of a defect. In this example, you might have a case against whoever manufactured the faulty component. A Los Angeles drunk driving accident attorney can review the evidence to identify everyone who’s potentially liable for your injuries.
Compensation in Los Angeles Drunk Driving Accident Claims
Your compensation in a drunk driving accident claim falls into two primary categories:
- Economic Damages – Economic damages compensate you for your direct financial losses from a drunk driving crash. These losses include things like your medical expenses, lost income, reduced future earnings, and car repair costs. Save your hospital invoices, repair estimates, pay stubs, and other records to provide proof of these losses.
- Non-Economic Damages – Non-economic damages cover your intangible losses from a collision. For example, you can pursue non-economic damages for your pain and suffering, emotional distress, and diminished quality of life. It’s harder to prove your non-economic losses, but an experienced attorney can gather evidence to demonstrate them. A personal journal detailing your daily pain can show the impact of your injuries. Likewise, your family and friends can testify about how the accident has limited your activities and affected you emotionally.
The final category of compensation you can recover is punitive damages. Punitive damages are not based on your losses. Instead, they’re additional compensation you can receive to penalize someone for especially reckless behavior or intentional wrongdoing. California does not cap punitive damages, but you must take your case to trial and win to recover them. Dordick Law Corporation can evaluate your case to determine if you qualify for punitive damages.
Steps to Take After a Drunk Driving Accident in Los Angeles
The most important steps to take immediately after a drunk driving accident are to call the police and seek medical attention. Once you’ve done that, follow these steps to avoid jeopardizing your legal case:
- Follow Your Doctor’s Orders – Take your medications as ordered, attend all follow-up appointments, and avoid strenuous activity. Not only do these steps protect your health, but they also demonstrate the severity of your injuries. An insurance company will use any gaps in your treatment to diminish your injuries and reduce your compensation.
- Save Any Evidence from the Scene – Hold on to any photos you took at the scene, the names of eyewitnesses, etc. Give this evidence to your lawyer (once you hire one) so they can use it to support your case.
- Do Not Discuss Your Case Online – It’s understandable to want to let your friends and family know about a drunk driving cash. However, insurance companies can easily find your social media posts and use them against you. For example, a photo of you outside your home might suggest your injuries aren’t as severe as you say.
- Do Not Talk to Any Insurance Companies Without First Talking to a Lawyer – The drunk driver’s insurance company may contact you to offer a quick settlement or give a recorded statement. Do not fall for these tactics, no matter what an insurer says. A quick settlement may not cover all your losses, while the insurer might use your words in a recorded statement against you. Refer any insurance adjusters to your attorney.
- Contact a Drunk Driving Accident Lawyer – An attorney can handle the legal process while you concentrate on your medical treatment.
Our Drunk Driving Accident Attorneys Are Ready to Help
You only have two years after a crash to file a lawsuit in most situations, and these cases take time to build. It’s vital to act quickly if you want to recover maximum compensation. Call Dordick Law Corporation now or complete our contact form for a free consultation with an experienced Los Angeles drunk driving accident attorney.