Yuba City Drunk Driving Injury Lawyer
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Driving under the influence of alcohol is not just a crime in California — it’s also a leading cause of fatal motor vehicle crashes, both throughout the state and nationwide. If you or a loved one has been hurt by an impaired driver, a Yuba City drunk driving injury lawyer can help you obtain justice.
The criminal justice system may fine a drunk driver or put them in jail, but that does little to help you if you have medical bills or need to miss work because of your injuries. A DUI injury attorney working on your behalf fights to obtain compensation for your losses. Here is what you need to know about this process.
What You Need to Prove in a California DUI Injury Accident Case
To succeed in your case, your drunk driver injury lawyer has a different job than that of a criminal prosecutor. Your attorney must show that:
- The driver was impaired by alcohol or some other substance
- The driver knew or should’ve known that the substance would impair their driving
- The driver’s impaired condition led to a wreck
- You or your loved one suffered injuries in the crash
- You incurred financial or other losses that can be compensated through damages
Unlike a criminal proceeding, your DUI accident lawyer need not prove any of these claims beyond a reasonable doubt. Instead, your case for damages will only need to be proven by a preponderance of the evidence. This means that it must be shown that each of these claims is more likely true than not.
What if the Driver Is Acquitted of DUI?
Sometimes, the driver who injured you is criminally charged with DUI but is found not guilty. It’s important not to let this deter you from seeking compensation. Your civil claim for compensation is separate and distinct from any criminal prosecution.
As long as your drunk driving accident attorney is able to prove your case by a preponderance of the evidence, you can recover compensation.
Compensation May Be Available Even if You are Negligent
If you feel you may have made a mistake behind the wheel, you may still be eligible for compensation.
California is a pure comparative negligence state, which means that your financial recovery may be reduced if your own errors or mistakes played a role in your crash. But you are still likely to recover some compensation as long as the drunk driver’s intoxication and impairment played some role in the crash.
Make sure to speak to an experienced drunk driving accident lawyer about your rights even if you were:
- Speeding or violating a traffic law
- Looking at your phone or responding to a text message
- Distracted by another passenger or something along the road
- Driving a car that was not in good working order
In such situations, your negligence will be considered and expressed as a percentage of the events resulting in your injuries.
For example, suppose that you were speeding when you were hit by a drunk driver heading in the opposite direction. You sustained $50,000 in losses as a result of the crash, and it was determined that your actions were 20% responsible for causing the accident. You would be entitled to recover $40,000 in damages.
In this case, your negligence would reduce your damages award, but you would still be entitled to compensation for the harm the drunk driver’s negligence caused to you.
Statute of Limitations for Filing a DUI Claim in Yuba City
Like other personal injury cases, a statute of limitations can prevent you from obtaining compensation successfully if you wait too long to bring your claim. The statute of limitations is two years in California, and the time begins on the date your drunk driving accident occurs.
This statute of limitations underscores the need to speak quickly with DUI victim lawyers if you have been hurt in a crash.
Unless you are physically or mentally incapable of taking any action on your behalf after a wreck, the statute of limitations cannot be extended. The drunk driver can escape responsibility for paying you compensation if your claim is not filed within the statute of limitations.
To illustrate, suppose that you were injured in a drunk driving crash that happened on June 1, 2023. You ordinarily would have until June 1, 2025, to file a claim and seek compensation. If you were in a coma and did not emerge from that coma until July 1, 2023, you potentially could have until July 1, 2025, to initiate your claim.
Understanding how the statute of limitations works in your particular case can be complicated. Because of this, even if you think you waited too long to file a claim, you should still speak with a DUI accident attorney about your options and see if an exception to the statute of limitations might still apply.
Evidence in a DUI Injury Case
In any car accident case, there will be evidence that needs to be collected to prove liability. This includes the accident report, witness statements, data from the vehicles’ event data recorders, and photographs of the scene.
Documentation that establishes your losses and expenses is also necessary in any car accident case to prove the extent of your injuries. In a DUI injury case, drunk driving accident lawyers need this information as well as evidence that shows the at-fault driver was intoxicated or impaired. This evidence could consist of:
Witness Statements
The observations of you and others at the scene can be powerful and persuasive evidence of intoxication. Even though you may not know precisely how intoxicated a driver is, that driver might still be found to be impaired and liable for a crash if they are seen stumbling around the accident scene, slurring their words, or smelling of alcohol.
Witness testimony is not limited to those who saw the driver after the crash. An investigation might reveal that the driver had visited a nearby bar just before the crash. Witnesses there might recall how many drinks the driver had before getting behind the wheel or other signs of intoxication they noticed.
Finally, the observations of medical personnel or law enforcement officers who interacted with the driver can also provide evidence of intoxication. Police officers, sheriff’s deputies, and highway patrol troopers are trained to detect individuals under the influence of alcohol or other substances.
Their trained and informed observations can carry significant weight with a judge or jury if the at-fault driver claims they were not drunk.
Breath or Blood Tests
If a crash happens and a driver is suspected of being under the influence of alcohol, there will almost always be some sort of medical or other evidence that shows whether that driver had alcohol in their system.
For example, law enforcement officers may administer a portable breath test to the driver at the scene of the crash, which can detect alcohol on the driver’s breath.
A driver who is arrested on suspicion of being under the influence may be directed to take a more formal Breathalyzer test. Alternatively, authorities may draw blood from the driver and have that blood sample tested for the presence of alcohol. Obtaining these test results, when available, is an essential step to building a solid DUI injury claim.
Other Medical Records
Drivers who are taken to the local hospital and treated there may also have relevant medical records that can be obtained.
Even if law enforcement cannot test a sample of the driver’s breath or blood, hospitals will usually take blood samples to treat any injuries the driver may have. These samples may show whether the driver still had alcohol or any other substance in their system at the time treatment began.
Gathering as much evidence as possible to show that the other driver caused the crash and that the crash happened because of alcohol or another impairment is crucial to your legal recovery.
Having as strong of a case as possible increases the likelihood that you can recover compensation for all of your injuries and losses — and that you can do so without the need for a trial.
Steps to Take After a Suspected Drunk Driving Accident
Pursue a Settlement of Your Case
If you are involved in what you believe is a drunk driving accident, there are certain steps you will need to ensure you take after the crash.
Seek Medical Attention
When you are hurt in any car crash, it is important that you call for emergency medical help if you suspect any serious injuries.
Excessive bleeding, head injuries, numbness or tingling, or an inability to move your arms or legs are all telltale signs that you should get medical help immediately. This advice is true whether the crash is caused by alcohol impairment, distracted driving, or some other negligence.
Document Evidence at the Scene
If possible, it is also vital that you document signs of impairment by alcohol or some other substance and communicate that to your attorney. Some of the records that can help your attorney prove alcohol or other impairment was the cause of the crash can be lost or become difficult to obtain if too much time passes.
Make sure to inform your drunk driving injury attorney about noticing:
- Any odor of alcohol or marijuana
- Stumbling or an inability to balance
- Admissions about using alcohol, drugs, or other substances
- Seeing empty beer bottles or drug paraphernalia in the driver’s car
You will also want to note if others came to the scene and made comments about seeing the driver drinking or using drugs.
Keep Records of Your Expenses
It is essential to keep detailed records of your expenses and losses as you incur them. Your DUI injury lawyer will need any bills, invoices, or other documentation. This means that you will want to keep copies of:
- Hospital bills, medical records, and insurance statements
- Damage estimates to your vehicle or other personal property
- Time you missed from work and documentation regarding any leaves of absence
- Extra expenses you incurred to help with daily tasks, such as having to hire someone to help you with housework
- Expenses family members incurred, such as the time a sibling missed from work because they were caring for you at home or watching your children
In addition, consider keeping a journal as you recover. In this journal, chronicle your recovery and how what you are experiencing makes you feel. Not only can journaling help you process the trauma of being involved in a drunk driving accident, but it can also help you prove the emotional damages that you are entitled to receive.
How Yuba City Drunk Driver Accident Lawyers Protect Victims
Being injured in any type of car crash can be overwhelming and stressful. But the addition of alcohol or drug impairment can make these tragic events even more challenging, especially since these wrecks are entirely avoidable.
By turning to a skilled Yuba City drunk driving accidents lawyer from the Law Offices of Steve Gimblin, you can give your full attention to your physical and emotional recovery. Our experienced and resourceful injury recovery team can handle all aspects of preparing and filing your claim for damages.
We will tenaciously pursue all of the compensation to which you are entitled so that you can move forward with your life as soon as possible. Contact the Law Offices of Steve Gimblin to start the recovery process today.