Fresno Drunk Driving Accident Attorney
Drunk Driving Victim Lawyer in Fresno, California
Drivers charged with a DUI may be held criminally responsible but not necessarily held responsible for compensating you for your injuries and other related losses. Every year drunk driving is the cause of many injuries and fatalities. Those victims are not entitled to but deserve fair compensation for their losses and the pain they’ve endured. Although driving while intoxicated is illegal, it is one of the leading causes of motor vehicle accidents.
Drunk driving accidents can be traumatic to victims and their families because nearly every accident caused by a drunk driver could have been avoided. Unfortunately, sometimes the trauma doesn’t end after the accident. Victims often suffer severe injuries that prevent them from working for a time, and some suffer injuries that leave them permanently disabled. In addition to that stress, victims can find it challenging to deal with insurance companies whose goal is to pay the bare minimum to cover the losses suffered by the victim. Drunk driving victims deserve more than the bare minimum. They deserve to recover full and just compensation.
Holding Drunk Drivers Accountable
After an accident, law enforcement will place the suspected drunk driver under arrest, which may lead to a criminal case. If the driver is convicted, they may face fines, have their license suspended, and possibly spend some time in jail. While criminal cases hold drivers accountable with penalties, it often does little to provide compensation to the victims injured in the accident. By speaking with a drunk driving victim attorney after the accident, they can have legal support to seek the compensation they deserve separate from the criminal proceedings.
Depending on the severity of their injuries, victims may be able to receive an insurance settlement from the drunk driver’s insurance. However, this is done through the California civil court system, not the criminal court system. Through a personal injury claim in the civil court, victims may be able to recover monetary compensation for their injuries and other subsequent losses caused by the drunk driver.
An attorney can help drunk driving victims recover general personal injury damages and possibly punitive damages. Punitive damages or exemplary damages are awarded to a claimant as a way to punish the drunk driver for their outrageous conduct and to help deter the drunk driver and other drivers from engaging in similar conduct.
Common Injuries Sustained During a Drunk Driving Accident
Every accident is different and results in different injuries. However, there are common injuries that occur with these types of accidents. Those injuries are:
- Torn ligaments
- Broken bones
- Knee damage
- Nerve damage
- Herniated disc
- Traumatic brain injuries
- Lower back injuries
- Spinal cord injuries
Many of these injuries require extensive and often life-long medical care that quickly adds up, which is why many victims file for compensation. However, pursuing a personal injury claim, even in a seemingly easy case such as a drunk driving accident, can be more challenging. While it may seem straightforward that the drunk driver is at fault, dealing with insurance companies is hardly ever a straightforward process.
Insurance companies are often focused on limiting their payout regardless of the actions of their insurer and will do what they can to avoid paying the victims maximum compensation. Individuals involved in an accident caused by a drunk driver benefit from working with an experienced DUI injury attorney who understands how to negotiate with insurance companies and achieve the best possible outcome.
Proving Liability for Drunk Driving Accidents
It’s commonly known that alcohol intoxication can affect a driver’s coordination, vision, hearing, and decision-making. However, a case still needs to be built. There needs to be compelling evidence that supports your version of the accident. Typically drunk driving accidents are caused by:
- Swerving into other lanes
- Running red lights or stop signs
- Failure to use turn signals
- Following too closely
- Failure to yield to the right of way
- Falling asleep at the wheel
- Distracted driving
A DUI accident lawyer can thoroughly investigate the accident and work to collect the evidence necessary to prove liability and fight for your right to compensation. They understand personal injury law and what’s required to prove the other driver was negligent and liable for damages. Proving negligence means establishing four different elements:
- Duty of care: All drivers are legally responsible for driving responsibly and ensuring their actions don’t bring harm to others.
- Breach of duty: Drivers breach their duty of care when they are reckless and fail to obey traffic laws, such as drunk driving.
- Causation: The driver was drunk was the main or partial contribution to the accident and the injuries the victims suffered.
- Damages: Damages are the monetary award the victims may be able to recover
Proving these elements of a personal injury case means diving deep into the accident; this is why working with a DUI accident victim attorney can be vital. Our legal team has the experience, resources, and skills necessary to obtain evidence and build a strong case.
10 Benefits of Working With a Drunk Driving Accident Attorney
Each DUI accident case is different and requires different legal services. However, all require a skilled and determined attorney ready to fight for their right to fair and full compensation. Attorneys can help by:
- Keeping you updated on the progress of your case
- Communicating with insurance companies, legal professionals
- Speaking with the defendant on your behalf
- Gathering evidence
- Speaking with potential eyewitness
- Contacting experts to testify
- Calculating your losses and assigning a monetary value to your claim
- Representing you during settlement negotiations
- Providing legal counsel on important deadlines
- Preparing your claim for trial, if necessary
At Setareh Law, we understand that these accidents are often traumatic and have long-term physical and mental effects. We know that victims and their families need legal support through these times, and our firm is ready to help you through the legal process so you can get the compensation you are owed and begin to move forward.
Contact a Fresno DUI Accident Victim Lawyer Today
Setareh Law is dedicated to helping drunk driving victims recover maximum compensation. Our attorneys will work tirelessly to protect your rights and pursue your best interests. The attorneys at Setareh Law know that dealing with uncooperative insurance companies can be stressful and make it difficult to focus on your recovery. Our attorneys are skilled negotiators who will aggressively work to achieve a fair and favorable outcome.