Operating a vehicle while under the influence of alcohol carries severe and long-term consequences. Alcohol-related fatalities are declining in the United States. However, 32 lives are lost every 45 minutes, cites the National Highway Traffic Safety Administration (NHTSA).
Victims of DUI accidents can pursue compensation for injuries through a civil case. Because it’s the only chance they have to recover damages from the at-fault motorist, hiring an experienced Los Angeles drunk driving accident attorney is highly recommended. A personal injury attorney can help you determine your financial costs and negotiate a fair settlement amount with relevant insurance carriers to cover future medical expenses.
Drunk driving, also referred to as Driving While Intoxicated (DWI), Operating While Intoxicated (OWI), or Driving Under the Influence (DUI), is illegal in all U.S. states. Even with hundreds of rideshare services available at the swipe of a button, it’s unclear why people choose to get behind the wheel while intoxicated. They not only put their lives at risk, but also endanger innocent pedestrians and other road users.
According to NHTSA, DUI crashes make up nearly one-third of all road accidents in America. Meaning two out of three adults will be involved in a DWI collision in their lifetime. Due to the prevalence of DWI incidents, it’s imperative to understand how the following statistics from NHTSA could potentially affect your safety.
Drunk driving with a Blood Alcohol Concentration (BAC) of over 0.08% is illegal in all 50 U.S. states. What’s surprising is 2,041 people lost their lives in 2020 in DUI crashes where the motorists had a .01 to .07 BAC. Meaning someone doesn’t have to be legally drunk to cause an injury or death. As the victim of a DUI accident, you may be entitled to compensation.
Because our bodies process alcohol differently, even consuming alcohol in small amounts can affect your reaction time, coordination, and judgment. The result is poor decision-making that causes the following preventable accidents;
Several factors can impact the severity of injuries following a DUI accident, such as the blood alcohol content of the at-fault driver, including the speed and nature of the collision. You may have a valid case if you’ve sustained neck or back injuries, broken bones, sprains, fractures, or other traumatic injuries.
Driving intoxicated is a criminal offense in every state, and a drunk driver can bear civil liability. Depending on the accident’s severity, the perpetrator can face hefty fines or have their driver’s license revoked and potentially get jail time for their offense. A DUI infraction can be considered a misdemeanor or classified as a felony if the crash involves personal injury and property destruction. Regardless of the classification, a criminal trial mainly helps to determine the offender’s fault, not necessarily award the injured victim.
However, with the help of a Los Angeles drunk driving accident attorney, victims of DWI accidents may pursue damages in a civil case. The defendant owes other road users a duty to drive safely, and drunk driving breaks this obligation. In a motor vehicle accident claim, your lawyer must prove that the drunk driver owed the victim a duty of care but breached it and caused injuries or damages.
With an experienced Los Angeles drunk driving accident lawyer by your side, it gives you a better chance of proving your case. If you satisfy the requirement for damages, your legal team will negotiate compensation from the insurance company to pay your medical expenses or property damages. You can pursue special damages to compensate for the out-of-pocket expenses you incurred following the accident. Some people simply want to punish the at-fault driver. They, therefore, file for punitive damages designed to act as a deterrent and further penalize the perpetrator for serious negligence.
Often, when a victim is involved in a collision with an intoxicated driver and establishes liability, they’re entitled to compensation from that driver’s insurance company. Note that as a car accident victim, you can be awarded compensatory damages, whether alcohol played a role in the accident or not. Compensatory damages refer to actual and general damages you’ve suffered from a road accident. As such, you may get assistance to recover the financial losses you’ve suffered after paying for medical expenses. These damages can also cover loss of income or earning capacity, including mental anguish, pain, and suffering due to an injury or disability incurred.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
Following a DUI accident, it’s in the best interest of the at-fault driver’s insurance company to finalize your case fast to avoid further responsibility for your future medical expenses. They’ll reach out with an ‘offer’ to settle the claim expeditiously. Do not be tempted to accept a settlement without legal representation.
Our team of Los Angeles drunk driving accident lawyers at Kash Legal is experienced in evaluating the long-term financial costs of your injuries to ensure you get a fair settlement. If you’ve suffered injuries in a drunk driving accident, we can evaluate your injuries and take on the insurance companies as you focus on recovery. Allow us to examine the details of your case and undo the harm you’ve suffered. Contact us, call us at (888) 527-4128, or fill out our online contact form today to make an appointment.
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