Drunk driving accidents can have devastating consequences. A Fresno car accident lawyer can help you recoup the damages you’re entitled to.
If you’ve been in an accident with a drunk driver, you may be feeling physically and emotionally battered. It can be difficult to navigate the process of filing a claim during such a trying time.
Since 2016, Omega Law Group Accident & Injury Attorneys have recovered millions of dollars for clients like you. If you’ve been injured by a drunk driver, a Fresno drunk driving accident lawyer can fight for your rights and help you secure the compensation you deserve.
What Should I Do if I’m in a Drunk Driving Accident in Fresno?
If you’ve been in an accident with a drunk driver, it’s important to take the following steps:
- Call 911: Report the incident to law enforcement and, if needed, request medical assistance.
- Document the Scene: Take photos and videos of the accident scene, vehicle damage, and any visible injuries.
- Gather Information: Collect the names, contact details, and insurance information of all parties involved. If there are witnesses, ask for their contact information as well.
- Seek Medical Attention: Even if your injuries seem minor, it’s important to get evaluated by a healthcare professional.
- Contact a Lawyer: Consult a Fresno personal injury lawyer as soon as possible to ensure your rights are protected and evidence is preserved.
What are Common Drunk Driving Accident Injuries?
Some of the most common injuries drunk driving accidents can cause include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal injuries
- Whiplash and soft tissue injuries
- Burns and lacerations
How Long Do I have to File a Claim After a Drunk Driving Accident in Fresno?
In California, the statute of limitations for a personal injury claim is two years from the day of the accident. If the accident resulted in a fatality, the same two-year timeline applies for filing a wrongful death claim.
If you fail to file within this time frame, you may forfeit your right to pursue damages. For this reason, it’s critical to consult a drunk driving accident lawyer in Fresno as soon as possible after the accident.
How Do You Prove Liability in a Drunk Driving Accident?
To prove liability in an accident involving a drunk driver, you must demonstrate that the drunk driver’s actions directly caused the accident and your injuries. Key pieces of evidence may include:
- Police reports indicating the driver’s intoxication level
- Witness statements
- Surveillance footage
- Results of breathalyzer or blood tests
- Accident reconstruction analysis
What Happens if the Accident was My Fault?
If you believe you were at fault, do not admit liability. California follows a comparative negligence system, which means that even if you were partially at fault, you may still be able to recover damages.
What Happens if I was Partially at Fault for the Accident?
Under California’s pure comparative negligence rule, you can still recoup damages even if you were up to 99% at fault for the accident. For example, if you are found 20% at fault and awarded $100,000 in damages, you would receive $80,000.
How Long Does it Take to Sue a Drunk Driver?
Since every case is unique, there is no one answer to how long it takes to sue a drunk driver. The timeline for resolving a lawsuit depends on various factors, including the complexity of the case, the parties’ willingness to settle, and court schedules.
While some cases may settle within months, others may take over a year if they proceed to trial. A Fresno drunk driving accident attorney can help expedite your case.
What Damages Can I Recover from a Drunk Driving Accident?
Victims of drunk driving accidents may be able to recover compensation for:
- Medical Expenses: Current and future costs for treatment, surgery, rehabilitation, and medications.
- Lost Wages: Damages for missed work and reduced earning capacity.
- Pain and Suffering: Emotional distress, mental anguish, and loss of enjoyment of life.
- Property Damage: Costs to repair or replace your vehicle.
- Punitive Damages: In cases of egregious negligence, the court may award punitive damages to punish the drunk driver.
Do I Need a Lawyer for a Drunk Driving Accident?
While you’re not legally required to hire a lawyer after a drunk driving accident, having an experienced attorney can significantly improve your odds of securing fair compensation.
One such lawyer can do the following:
- Investigate the accident
- Gather evidence
- Negotiate with the insurance companies
- Represent you in court (if necessary)
Contact a Fresno Drunk Driving Accident Attorney Today
A drunk driving accident can upend your life. Not only might your car be damaged, but you may also have suffered serious trauma.
If you or a loved one has been injured in a drunk driving accident, you don’t have to file a claim alone. An experienced Fresno car accident lawyer from the Omega Law Group can help you build a strong case and pursue the settlement you deserve.
Contact us today to schedule a free consultation and take the first step toward reclaiming your life.