Oroville Drunk Driving Injury Lawyer
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It is no secret that drunk driving is dangerous. Every year, thousands of people are injured on Butte County roads. Most of these victims ultimately seek the services of a seasoned Oroville drunk driving injury lawyer for help.
If you or someone you care about has been in an accident caused by a drunk driver, an attorney can potentially get you the compensation you deserve and need to cover your losses.
DUI accident lawyer Steve Gimblin has represented thousands of individuals and families who found themselves in desperate need of resources thanks to the selfish actions of drunk drivers.
Justice Through Compensation
The criminal justice system takes swift action against drunk drivers but does nothing to address the significant losses typically caused by drunk driving injuries. Victims of these accidents face all manner of pain, suffering, and financial setbacks. Fortunately, they have an avenue toward justice for their losses through compensation.
Economic Damages
Economic damages are a form of compensation that provides for the monetary losses you have suffered. After a drunk driving accident injury, it is the norm for victims to experience a range of negative economic impacts, such as:
- Expensive medical care and treatment
- Lack of income because of an inability to work
- Costly miscellaneous expenses, such as homecare service and costs associated with visits to the doctor or hospital
Economic damages are also available to a victim’s family members in cases of fatalities and typically include compensation for:
- Lost financial support
- Loss of gifts or benefits
- Costs associated with funeral and burial services
Loss of household services is another compensable economic loss available in wrongful death cases.
Non-Economic Damages
Non-economic damages are also available for victims of drunk drivers. They provide compensation for non-financial impacts commonly experienced by victims of these accidents, such as:
- Pain and suffering
- Inconvenience
- Emotional distress
- Loss of society and companionship
As you can see, damages in this category don’t have pre-set price tags. Instead, various methods are used to come up with a dollar value for each compensable loss. One of the most common of these methods is the multiplier method.
Using the multiplier method, a victim’s total economic compensation is multiplied by a number between 1.5 and 5. The product is the amount of non-economic compensation they will receive. The seriousness of an injury is what determines the number assigned as the multiplier. More serious injuries get higher multipliers than minor injuries.
Punitive Damages
Punitive damages may also be available in certain drunk driving accident cases. They are used to penalize particular types of bad behavior, such as malicious behavior, and are awarded on top of damages for economic and non-economic losses.
Who’s Liable?
Determining who is liable in a drunk driving accident requires your drunk driving injury attorney to complete a thorough review and investigation of the crash. As you might imagine, the drunk driver is usually the liable party in drunk driving accidents. Sometimes, however, they are not alone in their liability.
The Drunk Driver
When the liable party is the driver, your attorney must demonstrate that their drunkenness actually caused the crash.
For example, it is possible to get in a crash with a drunk driver where the drunk driver is not the at-fault party. If a drunk driver is following the rules of the road and is hit by a speeding motorist, the speeding motorist will have some explaining to do. In other words, to be deemed at fault for an accident, a party’s actions must cause the accident.
Hosts
Social hosts, such as friends and family, are typically shielded from liability that may arise from serving someone alcoholic drinks at a party or over dinner. In certain other states, there is no shield. There is an exception in California, however, that allows hosts to be held liable for drunk driving accidents.
When the person being served alcoholic beverages is a minor, the host may be held liable when:
- The host is an adult
- The host knew they were serving an underage drinker
- The host still decided to serve the minor
- The alcohol consumption was the principal cause of the crash
If these elements can be proven, the host may be on the hook for damages stemming from the accident.
Restaurant and Bar Staff and Owners
In many other states, restaurant and bar staff as well as establishment owners can face significant liability for accidents caused by drivers to whom they had previously served alcoholic beverages. However, in California, there is typically no liability for legal alcohol providers. As with hosts, however, there is an exception made for minors.
Other Liable Parties
In some cases, a drunk driver may be on the clock (for example, the drunk driver may be a company’s delivery driver or a commercial truck driver). When they are, the employer can typically be held liable for many of the employee’s actions. With the ability to sue an employer, the victim usually has more access to compensation.
Identifying the at-fault party in your case is of utmost importance and one of the first tasks your DUI injury lawyer will accomplish. A skillful lawyer will work hard to identify each liable party and hold them accountable for maximum damages.
Timing Issues and Drunk Driving Accident Compensation
Timing is important when it comes to seeking compensation for drunk driving accidents. In every case, the sooner you act to seek compensation, the better. There are important timing considerations that all victims must take into account or risk losing out on the compensation they deserve.
Statute of Limitations
California has a statute of limitations for drunk driving cases. State law places a strict deadline of two years on lawsuits seeking compensation for losses caused by drunk driving accidents. After two years, most valid claims grow stale.
There are, however, some exceptions to the statute of limitations. Minors, for example, are not bound by the two-year time limit until they reach the age of 18.
Evidence Problems
Waiting too long to seek compensation can lead to serious evidence problems. Take traffic cam footage. Traffic cameras are everywhere in California these days and make great evidence. However, much of the footage captured by these cameras is not saved for later. It is typically deleted within a certain time frame to make room for more footage.
By reaching out to an attorney as soon as possible after a drunk driving crash, you may make it possible for your attorney to acquire powerful footage for your case.
Waiting too long to seek compensation also creates problems with other types of evidence. For example, finding witnesses a year or more after an accident could be challenging and sometimes impossible.
Tough times typically follow serious accidents. Despair may even enter the picture. However, by taking swift action, you can access significant compensation to help you address the losses that have impacted your life.
Consequences of Drunk Driving
Drunk driving is a problem that can affect all facets of society. Crash victims come from all walks of life and socioeconomic backgrounds and often sustain losses that affect more than just themselves. Family members, friends, and colleagues also feel the impact of victims’ losses, especially when the injuries are severe.
Common Drunk Driving Accident Injuries
Some of the most common injuries experienced in drunk driving accidents are listed below. Ironically, drunk drivers often escape the worst of the accidents they cause.
- Traumatic brain injury (TBI), which can lead to lifelong debilitation and disability
- Whiplash and spinal cord injuries, which can cause paralysis and loss of use of body parts
- Loss of a body part, organ, or limb
- Loss of use of a body part or body system
- Crushing injuries and broken bones
- Burns and abrasions
- Lacerations
- Various psychological and emotional injuries
Psychological and emotional injuries are often more debilitating than physical injuries and can lead to isolation, relationship issues, and more.
How Attorney Steve Gimblin Can Help
Attorney Steve Gimblin is a seasoned advocate who has fought for and won compensation for thousands over the years. He and his team understand the process involved in compensation cases and know what steps to take or avoid when pursuing maximum compensation for drunk driving accidents.
As a client of the Steve Gimblin Personal Injury & Car Accident Lawyer, you simply leave everything to us, and we’ll keep you up to date on the progress of your case while we:
- Investigate the accident and collect crucial evidence
- Review police and accident reports
- Manage all claims-related paperwork and documents
- Meet all case-related deadlines, including the statute of limitations
- Compel insurance companies into making proper settlement offers
- File a lawsuit on your behalf if the insurance company fails to settle
- Engage in discovery and conduct depositions
- Represent you at trial when necessary
If you’re dealing with the consequences of injuries sustained in a drunk driving accident, let the Steve Gimblin Personal Injury & Car Accident Lawyer have a look at your case over a free consultation. We may be able to recover significant compensation for you to handle your losses. Contact us today.
Frequently Asked Questions
Please review our Q&A relating to drunk driving accidents and compensation. Feel free to contact Attorney Steve Gimblin for more information.
Do I Need a DUI Accident Attorney to Represent Me?
If you have been in a drunk driving accident, you should seek the services of a seasoned drunk driver lawyer. With an attorney representing you, your compensation payout will likely be much higher than if you did not have a lawyer.
At the Steve Gimblin Personal Injury & Car Accident Lawyer, we always seek maximum compensation and turn down any insurance company offer that does not do our clients’ losses justice.
How Long Will My Case Take?
It can’t be known until we review your case. Once we do, we’ll be in a better position to determine the trajectory and duration of your case.
Can I Afford the Services of Drunk Driving Accident Lawyers?
Yes. The fees you owe to drunk driver accident lawyers come from the compensation your attorney wins for you, which means no upfront money is involved. If your attorney recovers zero, your debt is zero.
How Much Compensation Will I Receive for a Drunk Driving Injury?
Your compensation payout will be based on the seriousness of your injuries, the extent of your losses, and the skill of your drunk driving injury accident attorney.
Should I Accept an Insurance Company’s Settlement Offer?
Victims should hold off on accepting an offer from the insurance company handling their claim until they have spoken with an experienced drunk driving accident lawyer. In all likelihood, any offer you receive without a lawyer on your side will be on the low side. But once a lawyer becomes part of the case, your damages will typically be higher.
We’ve got more answers to your questions. Please reach out to consult with a DUI accident attorney for help.
Meet With an Oroville Drunk Driving Injury Lawyer Today
You have the right to hold a drunk driver accountable for the harm they have caused you. At the Law Office of Steve Gimblin, we fight hard to get you the justice you deserve by recovering maximum compensation for your losses. Contact our office today for a free consultation and case review to learn how we can help.