California Drunk Driving Accident Lawyer

Be Sure to File Your Drunk Driving Accident Lawsuit Before Time Runs Out

When trying to recover compensation by suing the liable party, you need to ensure you know the cutoff date for submitting your lawsuit to the court. In California, victims are generally granted two years to take legal action against the at-fault party. Missing this deadline will likely mean the loss of your right to pursue damages.

However, there is the possibility that your case does not fall within the range of the standard statute of limitations. The details of your case could allow you to file a lawsuit even if the typical two-year deadline has passed. On the other hand, you could discover that you actually have far less than two years to take legal action.

The best action you can take to ensure that all your paperwork is filed on time is to hire an experienced California drunk driving accident attorney soon after your crash. Your lawyer will determine the deadline that applies to your case and complete and file all the required documents on time.

Necessary Elements for Proving Negligence

You will not be able to recover compensation until you first determine who is at fault for your accident. Fault can be demonstrated by proving negligence or that your injuries resulted from an intentional act. Establishing negligence on your own can be challenging. Fortunately, an experienced drunk driving accident attorney in California can help.

There are four elements that must be established to prove that another party was negligent. To demonstrate negligence, you need to show that:

• You were owed a duty of care
• The other party breached that duty of care
• You sustained damages
• Your injuries were the direct result of the breached duty of care

Duty of Care

When attempting to recover compensation from another driver in a car accident, proving that they owed you a duty of care is fairly straightforward. When on the road, all drivers owe a duty of care to everyone else in the vicinity. That means that drivers are required to follow all traffic laws and use reasonable caution to prevent an accident.

A Breached Duty of Care

Proving that the duty of care was breached in a drunk driving accident is simple. If you can show that the other party was intoxicated, that will be plenty to establish that they breached their duty of care. Drunk driving is incredibly hazardous and puts the driver and all others around them in danger.

Your Damages

The next thing you will need to do is show that you suffered damages in the accident. This can be done with copies of your medical records as well as an invoice from an auto repair shop. 

However, you need to be sure that you seek medical attention as soon as possible after the crash. Otherwise, the defense will attempt to argue that the collision did not cause your injuries.

Your Damages Were the Result of the Breached Duty of Care

The last step in establishing negligence is proving causation. You need to show that the damages you suffered resulted from the other party breaching their duty of care. An experienced California drunk driving accident lawyer can help prove cause and effect.

Contact a Drunk Driving Accident Attorney in California Today

You need to choose the right lawyer to give yourself the best chance of recovering fair compensation after a crash. You want a lawyer with a proven history of securing favorable outcomes for their clients in cases similar to yours. It is also important to choose an attorney who is not afraid to take your case to trial.

While the odds are that your case will end in a settlement, hiring a lawyer with a positive track record in the courtroom will put you in a better position to negotiate a deal that works for you. Furthermore, if your case doesn’t settle, you’ll be in a great position to win big at trial. Reach out to us today by phone or through our website to schedule a free case evaluation.