Yes, if you were hit by a drunk driver, you will likely be able to recover compensation for the damages you’ve suffered as a result. California is a tort state when considering car accidents, meaning that they operate on a fault-based system. After being hit by a drunk driver, you can file a claim with their insurance to collect compensation for your various associated expenses. It is in your best interest to obtain help from an experienced legal professional during this trying time. Reach out to a skillful San Mateo County, California drunk driving accident lawyer today to discuss your case and learn more about your next steps.
Can I Recover Compensation if I Was Hit by a Drunk Driver?
Being involved in a car accident is never fun, but when the crash was caused by a drunk driver, it can be even more traumatic. In the aftermath, you are likely wondering about your legal rights and options for damages. After being hit by a drunk driver, you are generally entitled to recover compensation for a variety of losses and damages.
California is a fault-based car accident state, which means the driver responsible for causing the collision is financially responsible for the damages they caused. As such, if a drunk driver has caused your injuries, you may be eligible to file:
- An insurance claim against the negligent driver
- An uninsured or underinsured motorist claim if the driver responsible for the accident does not have sufficient insurance
- A personal injury lawsuit for compensatory damages suffered
The legal process can be complex and overwhelming, especially considering the required steps like insurance claims, lawsuits, and investigations.
How California Law Impacts Drunk Driving Accident Claims
- California is a fault-based accident state
- Drunk drivers can face financial liability for the damages and injuries they cause
- Victims can seek compensation through insurance claims or lawsuits
- Punitive damages may be available in DUI-related injury cases
- Insurers are required by California law to offer uninsured motorist coverage
In California, drunk driving accident claims are different from standard collisions due to the nature of the collision. Victims often face long-term medical needs, rehabilitation, and serious damages.
What Damages Can Be Recovered After a Drunk Driving Accident?
If you were the victim of a drunk driving accident, you may be entitled to recover compensation for both economic and non-economic damages. The amount of compensation you recover, however, will depend on the severity of your injuries, the insurance coverage available, your long-term medical needs, and the circumstances of the collision.
Medical Expenses
- Hospital bills
- Doctor visits
- Surgeries
- Rehabilitation
- Medications
- Future medical expenses
Lost Income and Reduced Earning Capacity
- Lost wages from missed work
- Missed self-employment opportunities
- Reduced future earning capability
- Loss of career advancement opportunity
- Permanent disability that impacts employment abilities
Property Damage
- Vehicle repair costs
- Total vehicle replacement
- Expenses related to renting a vehicle
- Damage to personal property inside the vehicle at the time of the collision
Pain and Suffering Damages
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Anxiety, PTSD, and depression
Punitive Damages in California Drunk Driving Cases
It’s important to understand that punitive damages may be awarded in certain California DUI cases. This is because driving under the influence demonstrates a careless disregard for human life. However, unlike compensatory damages, punitive damages are implemented as a means of punishing the liable party and deterring similar behavior in the future.
What Should You Do After Being Hit by a Drunk Driver in California?
When you are injured in a drunk driving accident in San Mateo, Half Moon Bay, Belmont, or any other San Mateo County community, understanding how to proceed is critical. These accidents often happen on busy roads, including Highway 101, I-280, El Camino Real, and local roadways through nearby communities. Unfortunately, though you may be overwhelmed or unsure of how to proceed, the steps you take in the immediate aftermath of the accident can have a considerable impact on the outcome of your claim. As such, it is imperative to remain calm and familiarize yourself with the most important steps to take to protect your health and potential compensation claims.
Immediate Steps to Take
- Assess yourself and your passengers for injuries
- If it is safe to do so, move your vehicle out of the roadway
- Call 911 to request police and medical assistance
- Inform the operator if you have reason to believe the driver is under the influence
- Seek immediate medical attention
- Exchange insurance information with the other driver
- Obtain the contact details of potential witnesses
- Take photos and videos of the scene, including:
- The damage to all vehicles involved
- Road conditions
- Your visible injuries
- Skid marks or debris in the road
- Obtain a copy of the police report before leaving the accident scene
- Avoid speculating about cause or fault at the accident scene
- Do not discuss the accident with insurers until you have obtained legal representation
If you are physically able to do so, obtaining as much evidence as possible at the scene can help establish liability and support future claims for compensation.
How Long Do You Have to File a Drunk Driving Accident Claim in California?
If you are hurt in a Northern California drunk driving accident, understanding the limitations surrounding these matters is critical. In general, under the California statute of limitations, you generally only have two years from the date on which the injury occurred to file a lawsuit against the negligent party. Failure to file on time can bar you from recovering compensation, even if injuries and negligence are obvious.
Contact an Experienced San Mateo Car Accident Attorney
If you were hit by a drunk driver, you likely sustained physical injury, financial losses, damage to your car, and more. You have the right to pursue compensation for these damages. That is why it’s in your best interest to connect with the Law Office of Allister R. Liao, P.C. Our firm understands how complicated these legal matters can be, which is why we will do everything in our power to assist you through these difficult times. To learn more about your various rights and options, contact an experienced attorney today.