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How Can I Take Someone to Court After a Drunk Driving Wreck?
Drunk driving is a serious hazard in California. As of 2022, California led the United States in the number of drunk driving accidents, with 4,428 wrecks that year alone. That’s a number including 1,300 deaths or about 1/3 of all the people killed in traffic accidents in the state. People who are injured but who survive a drunk driving wreck can anticipate years of painful recovery and hospital bills. The average medical bill cost due to a car wreck is $15,000. This includes, but is not necessarily limited to, the cost of an initial hospital stay, diagnostic testing, surgery, rehab, and more.
The majority of people cannot afford expensive hospital stays and doctor’s bills. Even with health insurance, the cost of treatment for a car crash can become prohibitively expensive. This means someone can end up responsible for a bill they can’t afford for an accident that wasn’t their fault. That’s why if you or a loved one have been in a drunk driving crash, you must consult an experienced personal injury attorney. The right attorney will be able to help review your case and gather the proper evidence to get the compensation you deserve.
What is Drunk Driving in California?
Someone commits drunk driving in California if they operate a motor vehicle with a blood alcohol content (BAC) of .08 or higher. Depending on the individual, this is about 2-4 standard drinks consumed over one hour. There are a few circumstances where the BAC required to be considered legally intoxicated may be lower. For example, if a driver is under 21 or on probation for an alcohol-related offense, any BAC above .01% is considered legally impaired. If the driver has a commercial license or is a commercial driver with passengers for a fare, the legal limit is .04%.
Wrecks involving drunk drivers tend to involve high-speed collisions. High-speed collisions often result in more severe injuries. This means a person is more likely to suffer serious injuries in a wreck with a drunk driver than with a sober driver who was behaving recklessly. This is why it’s important to seek compensation from drunk drivers.
Can I Sue Drunk Drivers in California?
Sometimes, suing a drunk driver is the only way to get justice after having been involved in a wreck. This is because, many times, insurance does not cover the complete cost of a hospital stay. Insurance will also often not cover ongoing treatment. This means that if a drunk driver hits you or a loved one, you could end up stuck with medical debt for something that wasn’t your fault. It could also mean the inability to work, go to the store, or lead an active social life for days, weeks, or even permanently.
Some of the most common injuries sustained in a drunk driving wreck include but are not necessarily limited to:
- Traumatic Brain Injury (TBI)
- Injuries to the Lungs, Kidneys, and Spleen
- Other Internal Organ Injury
- Broken Bones
- Second and Third-Degree Burns
- Limb Amputation
- Cuts and Lacerations
- Permanent Scarring
- Loss of Vision
- Spinal Damage
Any one of these injuries can result in long-term, painful, and expensive medical care. Even if insurance pays for initial expenses, there may be long-term, invisible costs, such as medical equipment or home modifications that may be necessary due to an injury. Another factor to consider is that medical bills do not include the cost of lost wages, repairing or replacing an automobile, repairing or replacing any material goods lost in the wreck, and other expenses. This is why if you or a loved one have been in a drunk driving wreck, it’s essential to document as much information as you can and then contact an experienced personal injury attorney.
What Should I Do if I’m In a Drunk Driving Wreck?
Evidence is key in being able to prove your case in court. You will need to demonstrate to a judge or jury that you were the victim in a drunk driving accident, that your injuries were serious, and that you deserve compensation. While a jury may be initially sympathetic to any story you may have to tell, evidence is vital in proving the extent of your injuries and suffering. This is why documenting as much information as possible about the wreck’s aftermath is so essential.
If you or a loved one have been injured in a drunk driving accident, seeking medical attention should be your initial concern. Calling 911 or getting to a hospital is your first priority. Once you and your loved ones’ health has stabilized, you must immediately begin collecting evidence. Time can be a factor. This is especially true for witness statements and any video evidence that may be available. Security and bystanders’ cell phone footage may prove vital in establishing your case. People’s memories can fade, and individuals and companies regularly clear their video history, so it’s crucial to collect this evidence as quickly as possible.
Police reports will also prove essential. A police report may contain information you could not collect, such as eyewitness testimony. A police report may also have additional footage or photos of the accident scene. Hospital records will also be vital in any future legal action, as will any doctors’ reports from follow-up visits to treat injuries related to the wreck. Anything that demonstrates you were injured, the extent of your injuries, and that the other driver was responsible will be vital information to provide a lawyer.
What Should I Do if a Loved One or I Am Injured in a Drunk Driving Wreck?
Drunk drivers are a fact of life. While we all would like to avoid ever coming into contact with one, this is not necessarily possible. If you or a loved one have been injured in a drunk driving wreck, it’s essential you immediately call Troy Skinner at Skinner Law Corp.
Troy Skinner grew up surrounded by lawyers and has zero sympathy for drunk drivers who take other peoples’ safety into their hands. He approaches every case with patience, compassion, and tenacity. He’ll review your situation’s facts and help you establish the best case possible against anyone who hurt you. Troy Skinner doesn’t rest until his clients rest.
Being in a drunk-driving wreck can be frightening. With Skinner Law Corp in your corner, it doesn’t have to be. If you or a loved one were hurt in a drunk driving wreck, don’t hesitate to call Troy Skinner at Skinner Law Corp today at 310-356-0074 .
