A Los Angeles car accident lawyer can help you get the justice you deserve
Getting hit by a drunk driver can be one of the most traumatic experiences imaginable. Beyond the shock and injuries, it leaves you with many questions: Who will pay for medical bills? What happens if the driver doesn’t have enough insurance?
If you or a loved one was injured by a drunk driver in California, you deserve answers – and you have rights. An experienced Los Angeles car accident lawyer can be your legal advocate and fight for maximum compensation. To learn how, schedule a free consultation with a lawyer in Los Angeles. It is crucial to have an experienced attorney handle or assist you or your loved ones with these types of claims to avoid dealing with an insurance company that may deny the claim because their insured was driving under the influence. This has happened before, leaving the injured victim with no recourse.
What rights do I have after being hit by a drunk driver?
First and foremost, you have the right to be compensated for your losses, which can include medical bills, lost income, and pain and suffering. In certain cases, your spouse may also be able to recover for loss of consortium. Drunk drivers are not only negligent – they are breaking the law. That means victims often have strong claims for compensation.
California’s laws are designed to hold drunk drivers accountable and protect victims. You also have the right to work with an attorney who can help you through this difficult time and fight for the compensation you deserve.
What types of claims can I pursue after a drunk driving crash?
After a car accident involving a drunk driver, you have several options for pursuing compensation. You can file a personal injury claim against the drunk driver. This type of claim can help you recover money for medical expenses, lost wages, and the pain and suffering you’ve endured.
Alongside a personal injury claim, you can also file a property damage claim. This will help you cover the costs of repairing or replacing your vehicle and any other damaged property.
You may also be entitled to punitive damages, depending on the circumstances surrounding the drunk driving crash. These damages aren’t meant to compensate you but instead punish the driver for their reckless behavior. California allows punitive damages to send a clear message that drunk driving will not be tolerated.
In some cases, you can sue a business that sells or serves alcohol under California’s dram shop laws. For this type of claim to apply, the establishment must have served alcohol to a noticeably and visibly impaired person, who then got behind the wheel and caused a car accident.
What should I do immediately after being hit by a drunk driver?
Right after a drunk driving car accident, your first priority should be safety. Taking certain steps can help protect your health and your rights. Here’s what to do:
Make sure everyone is safe and call for help.
The first thing to do is check if everyone is okay. If anyone is injured, call 911 immediately. Even if injuries aren’t apparent right away, it’s always best to have medical professionals on the scene. If the collision has caused injuries, it is best to be transported to a nearby emergency room or, at the very least, seen at an urgent care center for immediate care and evaluation.
Report the collision to the police.
Call the police as soon as possible to report the crash, even if it’s seemingly minor. When the police arrive, they’ll assess the situation and determine if the driver is intoxicated. They’ll also assess other details at the crash scene and document their findings in a police report.
This report can be helpful when determining what happened and who was at fault. For example, if the drunk driver was arrested, that will be documented in the report.
Gather evidence.
If you’re able, gather as much information as possible. Take photos of the crash scene, the vehicles involved, and any visible injuries. Capturing video of the scene would be a plus if you are able to safely do so. Also, get the names and contact information of witnesses and ask if they captured the crash on a dash cam.
How do I file a drunk driving car accident claim?
California is a fault-based insurance state, which means the driver responsible for your car accident is liable for the damages. Here are some steps to take to file a successful car accident claim. It is advisable to speak with an attorney first before speaking with any insurance company. If you are unable to, it is best to report the incident to your insurance:
Contact your own insurance company.
Report the car accident to your own insurer, even though the drunk driver is responsible. This is the first step to initiating your claim. Just provide basic details (e.g., date, time, location, and type of crash), and don’t delve too much into who was at fault. You are not obligated to speak with the other party(s) insurance, and it is recommended not to speak with anyone from the other side's insurance and/or the other party(s) themselves.
Get legal representation.
Dealing with the drunk driver’s insurance company can be challenging, as they may try to minimize what they owe. Keep in mind that anything you say to the insurance company can be used against you to lower the settlement amount. It’s best to get legal representation and let a skilled attorney handle all communications and negotiations with the other driver’s insurer.
Keep records of your damages.
To help prove your injuries and damages, and help your attorney quantify them, you should keep all records. This includes:
- A medical diagnosis
- Doctor’s notes
- Hospital bills
- Appointment logs
- Prescriptions
- Paystubs
- Tax documents
- Vehicle repair estimates
- A pain and suffering journal
Avoid settling too quickly.
Insurance adjusters may offer a quick settlement, but it’s often less than what you deserve. Never feel pressured to accept an offer without consulting a lawyer or fully understanding your injuries and expenses.
A California attorney can calculate all current and future damages, including medical costs, lost income, pain and suffering, property damage, and other losses related to your crash.
What if the drunk driver is uninsured or underinsured?
Unfortunately, some drunk drivers lack sufficient insurance, or they may have no coverage at all. This doesn’t mean you’re out of luck. In these cases, your own uninsured/underinsured motorist (UM/UIM) coverage can be a lifesaver.
If the drunk driver doesn’t have enough insurance to cover your damages, you can file a claim under your own UM/UIM policy. This type of insurance is meant to protect you when the at-fault driver is unable to pay. Your insurance will not increase, per CA law, if the incident was not your fault.
Insurance companies in California are required to offer UM coverage to drivers. However, drivers also have the option to decline it in writing. It’s highly recommended to accept UM and UIM coverage in the event of a crash with an uninsured, underinsured, or unidentified hit-and-run driver. This ensures that you don’t pay out of your own pocket.
How long do I have to file a drunk driving car accident claim in California?
In California, you have up to two years from the date of your car accident to file a claim. If you miss this deadline, you likely won’t be able to file a lawsuit. This gives insurance companies an incentive not to settle.
However, it’s best to file your claim as soon as possible. Some evidence that can strengthen your case may disappear. Plus, witnesses may forget specific details about your car accident. Get help from an experienced California attorney who can gather evidence while it’s fresh.
Why hire a Los Angeles drunk driving car accident lawyer?
If you’ve been hurt in a car accident caused by a drunk driver, you deserve justice and fair compensation. When drunk driving is involved, the stakes are even higher. It’s not just about the financial compensation; it’s about holding the at-fault party accountable for their dangerous actions.
An experienced Los Angeles car accident lawyer understands the challenges you’re facing and is committed to fighting for your rights. They can handle all aspects of your claim so you can focus on your recovery without the added stress.
You shouldn’t have to pay because of someone else’s poor decisions. Take action today to protect your rights. It won’t cost you anything upfront; Los Angeles lawyers work on a contingency fee basis and only get paid if they win your case. Plus, consultations are free, and there is no obligation to hire an attorney if you don’t feel they’re a good fit. When you do hire an attorney, you will not have to pay a red cent upfront, as attorney fees in auto accident claims are earned contingent on the settlement and recovery obtained for you. Hence, no settlement, no fees.
Contact a Los Angeles attorney to learn more about your legal rights and options.
