Were You Hit By a Drunk Driver in Fresno?
Drunk drivers are not thinking of their own health and safety when they get behind the wheel – and they certainly aren’t thinking of yours! If you were hit by a drunk driver, then you need to think about filing a personal injury claim against them to get as much compensation for your injuries and damages as possible. Sometimes the only way to correct someone’s egregiously dangerous behavior is to target their wallets by raising their insurance premiums with a lawsuit.
BD&J, PC and our Fresno drunk driving accident lawyers are here to help you make the most of your claim after a drunk driver slammed into you. We are passionate about doing what is best for our clients and our communities by holding drunk drivers accountable through claims and lawsuits. In our many years of practice experience, we have secured multiple multimillion-dollar settlements and verdicts, totaling more than $2 Billion* recovered for our clients. With so much history and experience behind us, you can trust us to manage your case as well.
The Consequences of Drunk Driving
Drunk driving can result in severe, life-altering consequences for the victims and the intoxicated driver. The toll on physical health, emotional well-being, and financial stability can have devastating and long-reaching consequences, such as:
- Physical trauma: Drunk driving accidents are a common cause of catastrophic injuries, such as brain or spinal cord injuries and permanent disabilities requiring ongoing and intensive medical care and rehabilitation.
- Emotional trauma: Many victims of drunk driving face psychological trauma that complicates the recovery process.
- Financial hardship: Victims often face high medical and rehabilitation expenses. Some injuries can limit the victim’s ability to work and lead to lost wages or earning potential.
- Quality of life: Whether from chronic pain, emotional distress, financial hardship, or other issues, victims may struggle to return to their life with the same quality they previously enjoyed.
Drunk driving is a criminal offense with severe potential penalties, such as fines, license suspension and mandatory alcohol education programs. In cases involving severe injury or death, the liable party may be subject to incarceration. These consequences may serve justice or corrective purposes, but they don’t directly aid the victim. Therefore, drunk drivers may also be liable for damages to the victim, such as for lost wages, pain and suffering and medical expenses.
Common Injuries in Drunk Driving Accidents
Drunk driving accidents can cause a wide range of injuries, such as:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures and broken bones
- Whiplash and neck injuries
- Soft tissue injuries
- Lacerations and contusions
- Internal injuries and organ damage
- Psychological and emotional trauma
Drunk Driving is Not Automatic Liability
We must stress that a drunk driver is not automatically and fully liable for any accidents that they are involved in. Liability must always be established and proven, even when it seems like the drunk driver is obviously the one who caused the crash. Do not sit back and assume that the insurance companies will agree that you are not liable for your accident and that you should get the maximum amount of compensation. Insurers will always try to find ways to defend their policyholders and avoid payouts. You could be stuck with huge bills and even bigger regrets because you assumed too much about your case!
To avoid weakening your drunk driving accident claim with inaction, get our skilled attorneys and litigators on your side as soon as possible. We answer the phone 24/7/365, so dial (855) 906-3699 right away.
Damages in Drunk Driving Accident Claims
What is the value of your drunk driving accident claim? The answer will depend on many factors that make your claim unique. For example, your age and overall health could change the damages owed to you based on the medical treatments you need. There are simply too many small details that can change the value of your claim to predict it accurately.
What you can know upfront is that our attorneys will be committed to uncovering as many available damages as possible to maximize the amount owed to you. We also know where to look for additional insurance policies that might be relevant, effectively increasing the amount of compensation you can receive before hitting an insurance cap.
There are three types of damages to consider in a drunk driving accident claim:
- Compensatory: Damages related to tangible losses like medical bills, property damage, and lost wages are compensatory damages. We will want to calculate future compensatory – or special – damages, too, like medical treatment costs far into the future.
- General: Damages that are more difficult to translate into a dollar amount are general damages. Pain, suffering, loss of independence or mobility, and shortened life expectancy are all common forms of general damages.
- Punitive: Damages used to punish the drunk driver for committing a crime that resulted in someone else’s severe injury are punitive damages. Courts can assign punitive damages but do so infrequently.
How a Personal Injury Attorney Can Help
If you’ve been injured in an accident, a drunk driving injury attorney can help you navigate the legal process. A skilled lawyer can assess your claim, evaluate your losses, and determine if the available evidence is sufficient to pursue damages.
They can conduct a thorough investigation and gather evidence related to the accident and your injuries, such as police reports, medical records, and witness statements, to demonstrate the drunk driver is liable for the accident and the resulting damages. Proving that the driver is at fault for a drunk driving accident may involve obtaining breathalyzer test results, field sobriety tests, blood tests, and dashcam footage that demonstrate intoxication.
Intoxication itself isn’t necessarily adequate for damage liability. Your attorney can use the available evidence to show negligence or recklessness that directly caused your injuries, such as speeding, swerving, or otherwise erratic driving, and that your injuries aren’t a result of mechanical failures, weather conditions, or other factors unrelated to the driver.
Insurance companies often try to settle quickly, minimize compensation, or deny claims altogether. Your drunk driving injury attorney can negotiate on your behalf to ensure you receive fair compensation.
How Long Do You Have to File a Claim?
In Fresno and the rest of California, the statute of limitations allows victims up to 2 years from the date of the accident to file a claim. It’s best to begin this process as soon as possible. Evidence, such as witness statements or medical assessments, can become less available or reliable over time. Taking action quickly can ensure the strength of your case and maximize your opportunity to secure the compensation you deserve.
Standing Up for Our Clients When They’re Knocked Down
You are probably feeling down and out of luck since being in a crash caused by an intoxicated driver. The last thing you should do is frustrate yourself further by going head-to-head with stubborn insurance companies. Let our Fresno drunk driving accident attorneys take your claim and manage it on your behalf, so you can focus on giving yourself the time you need to recover and get back on your feet again.
