When a person consumes alcohol and then gets behind the wheel of a car, they endanger the lives and safety of everyone else who shares the road. In the event that this individual’s negligence causes an accident, they should bear the cost—financial and otherwise—of the injuries they cause other accident victims.
If you suffered an injury in a drunk driving accident, you have already endured enough pain and emotional stress from the incident and your injury. Rather than further weighing yourself down with the challenge of recovering the damages you deserve, consider hiring a Bakersfield drunk driving accident lawyer.
Contact the legal team at Ben Crump Law, PLLC for a free case review at (844) 730-0233.
Civil Remedies for Drunk Driving
In 2017, the California Department of Motor Vehicles (DMV) reported nearly 27,000 alcohol-involved crash injuries—almost 10 percent of total crash injuries. Because of the danger that drunk driving poses to the public, a person who causes a motor vehicle accident while driving intoxicated will face criminal charges. Furthermore, accident victims who suffer injuries can file civil lawsuits against the drunk person who caused the accident.
Because California abides by at-fault negligence laws, you can file a claim for compensation for your injuries from a drunk driving accident in Bakersfield. The intoxicated driver’s insurance company receives your claim for damages and decides whether and how much it will pay you for your losses. If the insurer denies your claim or refuses to agree to a fair settlement, you can file a lawsuit against the drunk driver and have the matter decided by a civil court.
For a free legal consultation with a drunk driving accidents lawyer serving Bakersfield, call (844) 730-0233
Establishing Your Case
An accident victim cannot expect to receive compensation for their accident-caused injuries simply by showing their medical receipts and demanding reimbursement. Like any other type of personal injury case, the drunk driving victim’s case must prove the following elements to be true:
- Duty: The drunk driver owed you the duty of taking reasonable steps to keep you free from harm.
- Breach: The drunk driver failed to fulfill their duty of care.
- Causation: Because the drunk driver failed to uphold their duty of care, they caused you to suffer injury.
- Damages: You experienced losses—financial, physical, and psychological—as a result of your injury.
Juries and insurance companies look for hard evidence that prove the above statements apply to your case. The sooner you hire a lawyer to represent you in this matter, the more access your attorney will have to fresh evidence that can support your claim. Call Ben Crump Law, PLLC today for a free consultation.
Bakersfield Drunk Driving Accident Lawyer Near Me (844) 730-0233
Investigating Your Drunk Driving Accident
When you hire Ben Crump Law, PLLC in your drunk driving personal injury case, our legal team will launch an investigation of your accident to determine how it happened. Upon completing this investigation, we will have the evidence we need to build the framework of your claim.
Our investigation of your accident will include:
- Visiting the scene of the accident to gather evidence
- Interviewing witnesses
- Obtaining the police accident report
- Working with accident reconstruction specialists
- Seeking nearby surveillance videos
- Reviewing photos from the accident scene
The evidence obtained from these efforts will help establish a breach of duty and causation.
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Calculating Your Damages
To prove your damages, your legal team will:
- Collect your medical records
- Obtain wage statements from your employer
- Request professional input from experts in the fields of medicine, economics, occupational therapy, and psychology
The reports we receive from the various experts will validate not only the losses you have experienced to date but also those that you can expect to face in the future.
Recoverable Damages
Although each case is different, some of the types of damages you might recover in your drunk driving case include:
- Medical treatment costs
- Hospitalization
- Prescription medicines
- Physical therapy/rehabilitation
- Mobility devices
- Home modifications
- Replacement services
- Lost income/benefits
- Pain and suffering
- Emotional stress
Furthermore, if a drunk driver caused an accident that killed your loved one, you may file a wrongful death action to recover compensation from the drunk driver. Ben Crump Law, PLLC can help you with this action, ensuring a professional and compassionate handling of the matter.
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Statute of Limitations in California
The State of California enforces a statute of limitations that limits the amount of time you have to file a civil lawsuit for a personal injury. Generally, the state gives you three years from the date of your injury in which to file your lawsuit against the drunk driver.
Of course, most personal injury matters are resolved outside of the courtroom, never making it to trial. Your lawyer will submit your demand letter itemizing the damages you would like to recover. Quite likely, the drunk driver’s insurer will issue a counteroffer. At this point, our lawyers will begin to negotiate the settlement.
If the insurer refuses to agree to a fair settlement, or they deny your claim completely, your lawyer can file a lawsuit on your behalf. Although three years might seem like a long time, you will be surprised how quickly that deadline comes up. You will want to give your attorney plenty of time to file your lawsuit in the event that the insurance company does not play ball.
A Bakersfield Drunk Driving Lawyer Can Help You
You should not have to bear the burden of fighting for your right to compensation—not when you have already been through so much after experiencing a drunk driving accident.
Drunk driving cases can get complicated fast. The Bakersfield drunk driving lawyers at Ben Crump Law, PLLC do not shy away from tough cases. Furthermore, we will not charge you unless and until we win you a settlement or court award.
Contact the legal team at Ben Crump Law, PLLC for a free case review at (844) 730-0233.
Call or text (844) 730-0233 or complete a Free Case Evaluation form