Do I Need a Lawyer If I Was Hit by a Drunk Driver in California?

In most cases, you need a lawyer if you were hit by a drunk driver in California to handle the complexities of the case, fight for your best interests with the insurance company, identify all responsible parties, and recover fair compensation for your losses.

Let a Sacramento drunk driving accident lawyer protect your rights today.

Will Insurance Cover My Drunk Driving Accident?

Ideally, insurance pays for drunk driving accidents. However, if you are hit by a drunk driver in California, there are often unforeseen and unfair roadblocks. Insurance companies may attempt to shift blame by alleging partial fault to reduce the value of your claim.

Drunk driving accidents tend to be more severe, leading to significant injuries and property damage. These higher financial stakes can lead the insurance company to scrutinize the evidence more, questioning liability and even reviewing the medical necessity of some of the treatments.

In addition, the drunk driver’s insurance policy may not cover all the costs related to your accident. If your injuries and damages are more than the policy limits, without an attorney, you may have to pay the rest out of pocket.

A drunk driving accident attorney can seek out all possible avenues of compensation to recover the damages you deserve.

Why are Drunk Driving Cases Complicated in California?

While insurance companies present obstacles, drunk driving cases can be legally complicated, as well. Since impaired driving is a criminal offense, there is some overlap between the civil and criminal laws that pertain to these cases.

The Criminal Case

Under California Vehicle Code Section 23152(b), driving with a blood alcohol concentration (BAC) of 0.08% or more is illegal. However, when an accident occurs and results in injuries, felony charges may apply. Victims will need to juggle both a criminal investigation and a civil claim for damages.

Victims need to coordinate with law enforcement, toxicology results, witness statements, prosecutors, and insurance companies. Compiling evidence for a civil case is different than providing the supporting documentation for a criminal case. The timeframe and deadlines are also different.

Deadlines and Various Statutes of Limitations

If you are dealing with serious injuries, handling two ongoing cases of varying legal complexity can be overwhelming. California has strict deadlines for when you can file.

Generally, if you were hit by a drunk driver, you have two years from the date of the accident under California Code of Civil Procedure § 335.1.

However, if a government agency is involved, you must file a notice within as little as six months. According to the California Tort Claims Act (Gov. Code, § 810 et seq.), they have 45 days to respond to your notice. Denials are common in the first filing.

If that happens, you have six months from the date of the rejection letter to file a suit. However, if the government misses the 45-day time limit, you are given two years from the date of the accident to file your lawsuit.

Gathering Critical Evidence

Another complex component of drunk driving cases is evidence collection. Establishing liability or fault in Sacramento car accidents or the fair value of your losses requires a substantial amount of supporting evidence. It can be complicated coordinating with the California Highway Patrol or local law enforcement to obtain the accident report and the subsequent investigation.

Depending on your injuries, your medical records may not all be in the same place. You may have to go to multiple offices, including specialists and physical therapists, to gather all your documents. In addition, sometimes there are different medical reports.

While every patient is entitled to their records, oftentimes, you are given a summarized record. If a drunk driver hit you, you may need a lawyer to request all records, which can be thousands of detailed pages.

There May Be More Than One Party Responsible for Your Crash

Fault in drunk driving claims is unique. With increased efforts to curb drunk driving, laws have been enacted to hold the people who overserve alcohol responsible for accidents, as well as the driver.

The Drunk Driver

The intoxicated driver bears primary responsibility. You may need a lawyer after a drunk driving accident to request the blood alcohol toxicology report, DMV records of a suspended license, and more.

An attorney can also overcome common defenses to a DUI claim. For example, insurance companies may suggest you were partially at fault for the accident, with the intention of reducing your claim. A lawyer can defend your right to a fair settlement.

Dram Shop Liability

In an effort to curb drunk driving, California’s Business and Professions Code § 25602.1 allows restaurants and bars to be held liable if they serve an “obviously intoxicated minor.” If the underage drinker causes an accident, and sales and witness accounts can corroborate, you may be able to hold the establishment liable.

Social Hosts

Social hosts can also face liability for serving minors. While specific data for underage drinking crashes is not available, California has worked hard to prevent underage drinking by holding people responsible for serving underage drinkers under Civil Code § 1714.

Employers or Vehicle Owners

If a delivery driver or commercial truck driver hits you while intoxicated, their employer may be held liable for your accident. In addition, if the owner of a vehicle entrusts their car to a drunk person, they could be found negligent and share responsibility.

If you have been hit by a drunk driver in California, you need a lawyer to help you determine all available avenues of liability.

Why You Need an Attorney to Recover Fair Compensation

You need an attorney if you are hit by a drunk driver to ensure you receive fair compensation for your losses. The average settlement for a drunk driving accident is difficult to determine, as every case is unique. Therefore, there is very little information to determine the worth of your case unless you speak to a personal injury lawyer.

Many unrepresented victims end up settling for far less than what they are owed. Insurance companies may offer a quick settlement, a tactic that offers a monetary settlement upfront, but often before all expenses have been incurred or tallied.

Serious injuries are another reason you need a lawyer to represent your best interests. Serious injuries can bring you lifelong pain and suffering.

Other injuries that seem to heal may have future complications. An experienced lawyer can evaluate the full medical picture of your injuries and accurately estimate future expenses so you can recover what you deserve.

You Need Triumph Law if You Were Hit by a Drunk Driver in California

At Triumph Law, we pride ourselves on advocating for drunk driving accident victims in California. Our highly skilled litigators can fight for your rights, protect your best interests throughout the process, and make sure you don’t settle for less than you deserve.