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. The legal process can be complex and overwhelming, especially considering the required steps like insurance claims, lawsuits, etc. 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?
Yes, if you were hit by a drunk driver you will likely be able to recover compensation. 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.
If the driver was uninsured or underinsured, meaning that their policy is not enough to cover your total expenses, you can also file a claim with your own insurance provider. California state law requires insurance companies to offer uninsured motorist coverage for situations like these.
If an insurance claim does not work out for whatever reason, you likely have valid grounds to file a personal injury lawsuit against the drunk driver. By operating a motor vehicle while under the influence of alcohol, the other driver was negligent and reckless in their actions. You can recover both compensatory and punitive damages through a personal injury lawsuit.
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 the following forms of compensation.
- Medical expenses: This can include hospital bills, doctor visits, surgeries, rehabilitation, medications, future medical expenses, etc.
- Lost wages: You may be entitled to compensation for time taken off of work due to treatment or recovery.
- Property damage: You can recover compensation for the costs to repair property damage to your vehicle or other belongings.
- Pain and suffering: After a drunk driving accident you likely sustained non-economic damages like physical pain, emotional distress, loss of enjoyment of life, etc.
- Punitive damages: In a personal injury lawsuit you may be awarded punitive damages as an additional form of punishment for the liable party.
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. To learn more about your various rights and options, reach out to an experienced attorney today.
