What Should You Do After a DUI/DWI Accident?October 28, 2021
Drunk driving continues to be a serious safety issue in California. This summer, an 18-year-old girl tragically died in a three-car crash that started because of a suspected drunk driver. Two others suffered injuries in the avoidable collision.
Individuals injured by drunk drivers have the legal right to sue for damages, which is compensation for their medical bills and other losses. Injured victims may file insurance claims or civil suits, even if the individual is convicted of driving under the influence of alcohol. If you were a passenger in the intoxicated driver’s vehicle that crashed, you can file a legal claim against the driver for your injuries. You can also file a legal claim for personal injuries if you were a passenger in another vehicle or an injured pedestrian. You should discuss your rights with a Ventura car accident attorney right away.
Liability of Drunk Drivers
Many intoxicated drivers are “negligent per se.” Negligence per se occurs when a defendant violates a statute or law designed to protect a specific class of people. If an individual violates the statute, then the violation is itself proof of negligence.
California’s DUI statute is codified in Vehicle Code 23152 VC. Under this statute, it is against the law to operate a motor vehicle while under the influence of alcohol or drugs. A driver is under the influence of alcohol or drugs if his or her mental or physical abilities are so impaired that he or she can no longer drive as a cautious sober person.
Vehicle Code 23152(b) makes it a crime for any person twenty-one years or older to drive with a blood alcohol concentration of 0.08% or higher.
Being injured during a motor vehicle accident involving an intoxicated driver can be devastating to the injured victim and his or her family. Accidents caused by intoxicated drivers are often catastrophic and result in fatalities. These dangers arise because intoxicated drivers are more likely to drive at excessive speeds, ignore red lights, and drive the wrong way down one-way streets.
What You Should Do After A DUI/DWI Accident
Seeking medical attention and calling a car accident lawyer are the two most important things you can do after a drunk driver hits you. These are the steps an attorney can take to assist you in your personal injury case:
- Demand the full economic value of your claims
- Establish a strong civil case against the intoxicated driver
- Subpoena police body camera footage
- Gather chemical and breathalyzer test results
- Collect copies of traffic collision reports
An experienced personal injury attorney will often be able to settle your automobile accident case during insurance negotiations. If an insurance company does not agree to negotiate, then an attorney can take your case to court.
Consult with a Ventura Car Accident Lawyer
Drunk driving accidents fundamentally alter the lives of everyone involved - especially injured victims. The emotional toll demanded by these types of cases can be overwhelming. You need to retain legal representation to remain objective and calm during this difficult time in your life. The attorneys at Bamieh & De Smeth in Ventura, California, can help you if you or a loved one suffered personal injury during a DUI/DWI accident. Our attorneys can also help you file a wrongful death suit if a loved one died as the result of his or her injuries.