Orange County Drunk Driving Accident Lawyer

Drunk driving is a very real, and very unfortunate decision that many people make each day, putting themselves and many around them at serious risk of injury and even death. If you have been involved in an accident with a drunk driver, it is very important that you follow the steps that we list below in order to ensure that you maximize your chances of getting the money that you deserve when we seek compensation from their insurance company, or even them directly depending on the circumstances.

Contact the team at Timothy J. Ryan as soon as possible to schedule your initial consultation and get working on your legal case as soon as possible. We will work with you to take as much of the legal stress off your shoulders as possible so that you can focus on your recovery with the confidence that there is an experienced, aggressive attorney working on your behalf to build a comprehensive personal injury case. We will begin by working with the insurance company in an attempt to negotiate a settlement, but if we are unable to reach an agreement we will move directly to a lawsuit.

Read more below about what to do after an accident with a drunk driver.

What To Do After an Accident With a Drunk Driver

If you suspect that the driver you have been involved in an accident with is drunk or intoxicated on another drug, it is important that you report this information to the police and let them complete a full investigation. If the other driver has been drinking or doing drugs, and then chose to operate their motor vehicle and ultimately caused injuries and damages to you and your passengers, then they must be held accountable for actions, both criminally and civilly.

After you have made sure that you and your passengers are safe from any additional damage or hazards after the accident, contact the police or 911 as soon as possible so that they can secure the area and help the EMTs get to you and the other victims. If you have been injured, it is in your best interest to accept any treatment offered from the emergency responders. If you choose to not take an ambulance to the emergency room, it is still very important that you see a doctor as quickly as possible. This will establish a record of your injuries, as well as to make sure that you get the treatment you need to maximize your chances of a full recovery.

If possible, gather any eyewitness accounts, surveillance cameras, and any other information that will help to tell the entire story of the accident and the actions that led to this unfortunate incident. In addition, any police records, arrest reports, and the official accident report will also lend to your cause while you are working to make sure that it is clear how your injuries were caused by another’s actions.

Working With an Insurance Company

When you first file your claim with the insurance company, you will be working directly with an agent who will take all of the issues of the accident into account before offering you a settlement amount. DO NOT accept this offer without consulting with an attorney. This amount will likely be nowhere near the amount that you are truly owed, but accepting it will block you from seeking any future damages, no matter how many more complications may arise.

Instead of dealing directly with the insurance company, we will handle any and all negotiations on your behalf. If we are unable to reach an agreement without a court case, then we will decide to move forward with a lawsuit in order to have the courts intervene.

Contact Timothy J. Ryan Today

Contact our Orange County car accident lawyers to get started on your case today. We will walk through every possible option with you, and ultimately determine the most appropriate steps to take in order to maximize your chances of getting the damages that you truly deserve. The sooner you contact us, the sooner we will be able to get started. California has a 2-year statute of limitations for personal injury lawsuits, meaning that if you do not begin the process within 2 years of the accident, or within a year of when you first discovered your injury, then you will be unable to seek any compensation.

Frequently Asked Questions (FAQs) – Orange County Car Accident Attorney – Drunk Driving Accidents

Yes. The drunk driver faces a criminal case brought by the state, but you, as the victim, can file a separate civil lawsuit against them to recover financial compensation for your injuries and losses. The two cases are independent, but a DUI conviction in the criminal case can be powerful evidence in your civil claim.

Punitive damages are additional compensation awarded to punish the defendant for extreme misconduct and deter similar behavior in the future. In California, victims of drunk driving accidents can often seek punitive damages because choosing to drive while intoxicated is considered a conscious disregard for the safety of others.

First, ensure your safety and call 911 immediately. When you call, specifically tell the dispatcher you believe the other driver is intoxicated. This will alert the responding officers. Observe the driver’s behavior, but do not confront them. Note any signs of intoxication like slurred speech, stumbling, or the smell of alcohol to tell the police when they arrive.

Generally, no. California’s ‘dram shop’ laws are very limited. You typically cannot sue a bar, restaurant, or social host for serving alcohol to an adult who later causes a DUI accident. A narrow exception exists if the establishment serves alcohol to an obviously intoxicated minor.

A DUI conviction can be used as ‘negligence per se’ in your civil case. This means the driver’s negligence is presumed because they broke a public safety law (the DUI statute). This makes it much easier to prove they are liable for your injuries, allowing your attorney to focus on proving the full extent of your damages.

If your damages exceed the drunk driver’s insurance policy limits, you can file a claim with your own insurance company under your Underinsured Motorist (UIM) coverage, provided you have it. An attorney can also investigate whether the driver has personal assets that could be used to satisfy a judgment.

Victims can recover compensation for all economic damages (medical bills, lost wages, etc.) and non-economic damages (pain, suffering, emotional distress). Crucially, in DUI cases, victims can also pursue punitive damages, which are designed to punish the drunk driver for their reckless conduct.

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