If you were injured by a drunk driver in California, understanding what steps to take to ensure your health and protect your legal rights is crucial. Work with a knowledgeable San Mateo County, California drunk driving accident lawyer for skilled representation during your case.
What if I Got Injured by a Drunk Driver in CA?
If you were injured by a drunk driver in California, understanding your legal rights and options is crucial. California is an at-fault accident state, meaning the driver who is responsible for causing an accident is also responsible for covering the damages and injuries resulting from the collision.
The first thing you should do after an accident with a drunk driver is check yourself for injuries and call the police. Having a legal authority and ambulance at the scene of the accident is important in ensuring your health and safety, as well as protecting your legal options.
Take the opportunity to gather evidence, if you are capable. Take photos and videos documenting the scene of the accident, road conditions, damage to vehicles, visible injuries, and more. Collect statements and contact information from witnesses and secure information about the other driver, like their vehicle make and model, license plate, driver’s license number, insurance provider, etc. Give your statement for the official police report as well.
Besides ensuring your health and safety, the most important thing you can do after an accident is to speak with a personal injury attorney. Your lawyer will be able to evaluate the details of your case and help you navigate the legal process of filing a claim or lawsuit against the driver.
How Can I Collect Compensation After a Drunk Driving Accident?
If you were injured by a drunk driver, your best course of action will likely be to file a claim or lawsuit against the driver. Because California is an at-fault accident state, you can hold the driver responsible for all of the damages caused by the collision, including:
- Medical expenses
- Property damage
- Emotional distress
- Lost wages
- Physical pain and suffering
- Loss of enjoyment of life
- Loss of consortium
In drunk driving cases, victims are also often awarded punitive damages by the court. Punitive damages are additional compensation paid by the driver not for any economic or non-economic loss, but as a way to further penalize the driver for their actions and discourage them from participating in similar activities in the future.
In order to collect these damages and win your case, you must be able to prove that the driver was at fault. This process can be simplified through negligence per se. Negligence per se is a legal doctrine that presumes negligence when an individual violates a statute that was designed to protect others. For example, laws prohibiting drunk driving were created to protect road users from the dangers of intoxicated drivers. By demonstrating that the driver violated this law, you can easily prove that they are liable for the accident.