Promoting Healing Through Compassionate Advocacy

Hollister Drunk Driving Accident Lawyers

When a driver gets intoxicated and gets behind the wheel, they place their own life and the lives of those around them at risk. If you suffered injuries due to intoxicated driving, you deserve to recover for your losses. You may feel overwhelmed by mounting financial responsibility related to your injuries. In addition, you may be unable to work or function as you used to with your family and friends. Obtaining the just compensation you deserve helps put injured victims back on their feet so they can heal and move forward.

What Rights Do I Have As A Drunk Driving Accident Victim?

California law prohibits drivers from operating a vehicle while under the influence of drugs or alcohol. California’s Vehicle Code Section 23152(a) provides that “it is unlawful for any person who is under the influence of any alcoholic beverage or drug, under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” The law limits the legal blood alcohol concentration (BAC) levels in a person’s blood to 0.08%. If your test result shows a level that’s higher than this limit, you will almost certainly be charged with driving under the influence. For commercial drivers, the law prohibits driving with a BAC of over 0.04%.

The percentage equates to the level of alcohol present in a driver’s bloodstream. Law enforcement may conduct tests by blood, breath, or urine tests.

How Can Hollister Drunk Driving Accident Attorneys Help Me?

As a drunk driving accident victim, California law permits you to recover financial compensation for your damages. Hollister drunk driving accident lawyers use the facts of your case to determine the value of your claim. Factors influencing the value of a drunk driving lawsuit depend on the following factors:

  • The severity of injuries,
  • Determination of fault,
  • Availability of insurance, and
  • Progress of settlement negotiations.

You need to focus on your recovery after a drunk driving accident. Understanding the value of your case helps you and your lawyer work together to achieve a favorable outcome on your behalf. A lawyer helps by collecting vital evidence, investigating facts, and developing a strategy for your success.

What Can I Recover From A Drunk Driving Lawsuit?

Those injured by negligent driving may recover compensation from the liable party through economic and non-economic damages. Proving negligence requires a showing of the following elements:

  • The driver had a duty to use reasonable care in the operation of their vehicle,
  • The driver breached this duty,
  • The breach of duty caused an accident, and
  • The injuries you suffered are directly related to the accident.

You need an attorney to establish the burden of proof required to recover compensation for your losses. Once established, the law entitles you to recover economic damages, including:

  • Past and future medical bills,
  • Lost wages,
  • Future loss of earnings, and
  • Property damage.

Your attorney supports your economic damages claim with tangible evidence, including receipts, invoices, and other documents. Maintain a file of all your documentation related to your accident to provide to your attorney.

Non-economic damages include intangible and subjective losses such as:

  • Pain and suffering,
  • Emotional distress,
  • Permanent disfigurement or injury, and
  • Loss of enjoyment of life.

Without an attorney, it’s challenging to establish the value of non-economic damages because these losses cannot be proven through receipts and invoices. Though difficult to prove, non-economic damages provide vital support to a drunk driving accident victim, as they compensate for subjective injuries that greatly impact daily life.

Is There A Statute Of Limitations?

California provides a specific timeframe for individuals to file a lawsuit after a drunk driving accident. The statute of limitations placed on those filing a lawsuit against liable parties is two years from the date of the accident.