The Law Office of Nikolaus W. Reed helps anyone that’s been injured in a San Pablo car accident, especially those caused by a driver that’s under the influence of drugs or alcohol. Every car accident brings its share of challenges, but when someone is under the influence, it makes things much harder. Our team will be there to help. Contact us today for a free consultation to learn more.
Should You Get a Lawyer After a DUI Accident in San Pablo?
As a car accident victim in San Pablo, you don’t necessarily need a lawyer as you make your way through the claims process. But, the reality is that certain accidents are more severe than others, and none are more serious than a DUI accident.
Injuries and other damage is often much more extensive because of the speed and other factors that come with one of these car accidents. So, because everything is harder, you should certainly consider getting a lawyer. My firm has extensive experience with just this type of claim, and can help you by:
- Investigating the accident
- Gathering evidence that shows the other driver’s impairment
- Collecting medical records and evidence
- Walking you through your rights and options
- Handling negotiations with insurance companies
- Taking legal action if needed
Being struck by an impaired driver is very often devastating. While everyone in San Pablo should be safe from such accidents, it’s important to know your options if it happens to you.
Who’s Liable When There’s a DUI Accident in San Pablo?
In a DUI accident in San Pablo, liability is generally fairly clear: the intoxicated driver holds most of the legal responsibility for your injuries and losses. A DUI is a clear example of negligence, which is why it’s so heavily penalized.
But, you might be surprised to learn that there are others that can share liability in these accidents, depending on the circumstances:
- Owner of the car – If they allowed an intoxicated person to drive.
- People that provided the alcohol or drugs – If they served alcohol or drugs to someone who then caused an accident.
- Other drivers who weren’t directly involved in the collision – If they were negligent or reckless in the accident.
- Bars or restaurants – If they over-served alcohol to patrons who later caused accidents.
- San Pablo’s road agencies – If poorly maintained roads contributed to the accident.
- Manufacturers – If defects in the vehicle made the accident worse.
Again, the driver that’s found to be under the influence will primarily be responsible for the accident and your damages. However, like any accident, it’s important to nail down all the liable parties so you have the best chance at recovering your damages.
What Options Do You Have After a DUI Accident in San Pablo?
After a DUI accident in San Pablo, the driver faces both criminal and civil consequences. As a victim, you’ll focus on the civil aspect. Despite the serious challenges, such as severe injuries or loss of life, you have the right to file an injury claim just like with any other car accident.
You have two main options:
- File an insurance claim
- File a personal injury lawsuit
Once your claim is filed, you’ll present your case for damages, which will be related to the injuries and losses from the accident. Specifically though, you can recover the following in one degree or another:
- Medical expenses
- Ongoing care needs
- Lost wages or earning potential
- Vehicle repair or replacement costs
- Emotional distress
- Pain and suffering
- Loss of companionship or enjoyment of life
- Wrongful death expenses
- Punitive damages
The exact damages you can recover depend on your case’s details and the severity of your injuries. It’s absolutely necessary to file your claim within California’s statute of limitations, typically within two years of the accident. If you miss this deadline, even in a DUI accident, you can’t recover damages at all.
What Kind of Accidents Are Caused by DUI in San Pablo?
DUI accidents are particularly frustrating because they are entirely preventable, yet they still lead to serious injuries and damage. Despite severe penalties, DUI accidents continue to occur in San Pablo.
These accidents are often severe due to factors like high speed, loss of control, and unpredictability, leading to serious injuries such as broken bones or traumatic brain injuries (TBIs). Some common types of DUI accidents include:
- Head-on or wrong way collisions – These happen when an impaired driver veers into oncoming traffic or drives the wrong way on a one-way street or interstate, resulting in head-on crashes.
- Rear-end collisions – Impaired drivers may follow too closely or fail to notice the vehicle ahead, leading to rear-end collisions.
- Broadsides – Ignoring stop signs or red lights, impaired drivers may crash into vehicles with the right of way, causing dangerous broadside collisions.
- Rollovers – Impaired judgment and overcorrection by an impaired driver often result in rollovers, which are particularly hazardous for passengers.
- Accidents with pedestrians – Impaired drivers also pose a huge risk to pedestrians, who may be less visible, leading to severe injuries or fatalities.
No one is safe when impaired drivers are on the road, including the drivers themselves and their passengers. What’s important to remember is that you have legal options, but you have to also put together a strong case.
How Can You Strengthen Your Case After a DUI Accident in San Pablo?
Just because liability is fairly clear in a DUI accident, you still have to do what you can to strengthen a claim. The legal process is going to determine what’s available in terms of damages, but it’s up to you to show those damages and put a compelling case together. You start right after the accident by taking the following steps:
- Call 911 – Immediately after the accident, call 911. Notify the San Pablo Police Department or California Highway Patrol if you think the other driver is under the influence.
- Get medical care – There’s a chance your injuries will be relatively minor, but you still need to get medical attention right away. Start with the EMTs at the scene, and follow up with hospital care. Your medical records are crucial, as they link your injuries directly to the accident.
- Start gathering evidence – Gather as much evidence as possible at the scene, especially anything that indicates the other driver was impaired. Keep all documentation, and avoid repairing your vehicle or other property until everything is documented.
- Cooperate with the police – When DUI is suspected, the police will investigate thoroughly. Provide your statement and share why you believe the other driver was impaired. Ensure the police document any findings that confirm the other driver was under the influence.
Taking these steps is very important, even though it might be challenging if you’re seriously injured–a common result of DUI accidents. These actions lay the foundation for your claim, and if you have the right support and guidance, you can start focusing on getting better.
Contact NWR Law After a DUI Accident in San Pablo
After a DUI accident in San Pablo, particularly if it involves severe injuries or a tragic loss of a loved one, you don’t have to go through it alone. My firm, NWR Law, is here to help. Contact us today for a free consultation to explore your legal options.