Modesto Drunk Driving Accidents Lawyers

Too Many People Drive Drunk Every Year

In California, alcohol contributes to one in every four accident fatalities. You do everything possible to stay safe and drive defensively when you get behind the wheel. The problem is that you have no control over what others do. While you follow the law, others do their own thing with zero regard for your safety. Over 120,000 people are arrested each year for drunk driving throughout California.

In one recent year, the state saw a significant spike in drunk driving accident fatalities. Prosecutors attributed the increase in deaths to the pandemic and increased drinking in society. However, the rate of traffic accident fatalities has remained high even though people have returned to their normal lives.

While statistics largely focus on DUI fatalities, most accidents will result in serious injuries that can remain with the accident victim for a lifetime. They may be faced with years of rehabilitation and can never return to the life they enjoyed before their accident.

California law makes it a crime to drive with a blood alcohol content over 0.08. Unfortunately, drunk drivers often exceed that by a large amount when intoxicated. The higher the driver’s BAC, the greater the chance of a fatality. Over 70 percent of drunk driving accident fatalities involve a driver with a BAC greater than 0.15.

California has significant penalties for DUI convictions, especially those that involve injury or death. Drivers charged with a felony for an accident causing injury can receive up to three years in county jail. A prosecutor can charge any DUI with an injury as a misdemeanor or a felony, depending on their discretion. Gross vehicular manslaughter in a DUI crash is always a felony, and the driver can face up to ten years in prison if convicted.

Drunk Driving Accidents Can Cause Serious Injuries

Drunk driving accidents can lead to far worse injuries than those in a “normal” car accident. Intoxicated motorists often drive their cars erratically or at high speed. As a driver, there is little that you can do to anticipate the drunk driver’s actions and defensively adjust. For example, it is very difficult to avoid a head-on collision when a drunk driver is in your lane and coming straight at you.

In addition, the drunk driver may not do anything to avoid the accident before it happens. Therefore, the rate of serious injury and death in a drunk driving accident gets elevated.

Drunk driving accidents can cause the following injuries:

• Fractures and broken bones
• Traumatic brain injuries
• Head and neck injuries
• Lacerations and contusions
• Internal injuries and organ damage
• Spinal cord injuries
• Soft tissue injuries

Any car accident injury can lead to extensive medical treatment and rehabilitation, and drunk driving accidents often have higher costs. Many accident victims are never the same again. Someone else’s poor choice can take away your life as you knew it. Their decision may even take away your loved one’s life entirely.

Your Financial Compensation Does Not Depend On Whether The Driver Is Convicted

Whether the driver responsible for your injuries was charged and convicted in the drunk driving accident does not matter. You can receive financial compensation in a drunk driving accident regardless of whether anything happens in the criminal process. There is a different (and lower) standard of proof in a civil case than in a criminal case. When charged with drunk driving, the prosecutor must prove the driver’s case beyond a reasonable doubt. This standard of proof approaches 100 percent.

In a civil case, you must prove your case by a preponderance of the evidence. This standard means that you have exceeded 50 percent, meaning that your facts are more likely than not to be true and entitle you to financial compensation. While you must still meet your standard of proof, it is much lower than the one the prosecutor must meet to win a conviction in court.

Your Damages In A Drunk Driving Car Accident Case

When you have suffered an injury by a drunk driver, you are legally entitled to receive payment for the full amount of your damages, whether they are an objective economic cost or a subjective non-economic harm.

Your drunk driving car accident damages will include:

• The cost of the medical care necessary to treat your injuries
• The money you might have earned by working (including a reduction in your earnings capacity or the loss of a promotion that you were due because of your physical condition)
• The pain and suffering that you endured on account of your injuries (both physical and emotional)
• Your emotional distress and trauma from the accident
• The loss of enjoyment of the life that you had before the accident

Damages are difficult to calculate, and you want a legal professional to determine the value of your claim. Never listen to the insurance company’s opinion of what your case is worth.

Wrongful Death Damages When A Family Member Died In A Drunk Driving Accident

If a drunk driver kills your loved one, your family can file a wrongful death lawsuit.

The following people can receive wrongful death compensation in California:

• The surviving spouse
• A domestic partner
• Children
• Grandchildren (if the children are deceased)
• Other minor children who are financially dependent on the deceased person

A wrongful death lawsuit will compensate the family for the damages you suffered when your loved one tragically died.

Your compensation may include:

• The income your loved one might have earned had they lived and continued to work
• The grief and trauma that you suffered from tragically losing a close family member
• The loss of encouragement and support that you received from your loved one
• The loss of the guidance and love that the family member provided
• The loss of a physical relationship that you had with a spouse or domestic partner
• The funeral and burial costs for your loved one

There Is A Chance That You Can Get Punitive Damages

The prospect of punitive damages should your case go to trial may give you additional leverage in settlement negotiations. Usually, punitive damages are very rare in a car accident case. In reality, they are seldom awarded (and you cannot get them in a wrongful death lawsuit). Car accident cases usually involve negligence. While the driver’s carelessness is unfortunate and wrong, it does not merit extra punishment.

However, drunk driving involves recklessness and a conscious disregard for your safety. In that case, a jury may have a stronger reaction should the case go all the way to a trial. The insurance company knows that, and they do not want the case to reach the jury. It does not mean that the insurance company will give you the full amount you deserve after filing your claim. They may try to avoid pushing their luck regarding settlement negotiations. The insurance company does not pay you punitive damages in a settlement agreement.

You Still Need To Negotiate Your Claim

You may still need to negotiate a settlement with the insurance company, whether you file a claim or a lawsuit against the driver. Even though the responsible driver broke the law, the insurance company still has a duty to defend them. The insurance company still does not want to pay you what you deserve, even though their driver was clearly at fault for what happened. In a drunk driving accident claim, the dispute is not as much over liability as it is the amount of compensation.

You may need to reject at least one settlement offer during the claims process. In fact, if the insurance company’s offer is not enough to compensate you, it is exactly what you should do. Your attorney will counter the insurance company’s offer with your own. Eventually, you and the insurance company may move closer together in figures, but it will take some time and negotiation.

You Should Hire An Attorney For A Drunk Driving Accident Claim

Even though you may not have to work as hard to prove liability in a drunk driving accident case, you will still need an attorney for your claim. Simply stated, you have a much greater chance of doing better financially than you will on your own.

At Silva Injury Law, our attorneys can:

• Review your case and investigate your accident
• Review your medical records and estimate your potential compensation
• Submit the claim to the insurance company
• Negotiate your claim with the insurance company, and with your permission, rejecting offers that don’t cover your losses and responding with what you believe you deserve.
• File a lawsuit against the responsible driver if you cannot agree on the right settlement.

Allowing us to take over the legal process can help in many ways. You do not have to worry about saying or doing the wrong thing. In fact, you will not have to worry about doing anything involved in your claim unless we request your input. We take over the legal process and relieve this stress from your already stressful situation.

Your Injuries May Prevent You From Dealing With The Legal Process

Besides needing an attorney’s experience, you will also not be in a physical position to handle your case on your own. If you file a claim, you have suffered physical injuries that will take your attention.

The insurance company will like nothing more than to take advantage of you when you are in a weakened state. They may pressure you into a settlement before you even know how much money you can have gotten. When you hire an attorney, they will put the brakes on the process, fighting for you to get what you deserve instead of being rushed into a quick and disadvantageous settlement.

The team at Silva Injury Law is standing by and ready to work with you on your drunk driving accident claim or lawsuit. While the state may punish the driver criminally for what they did, that is only part of the justice you deserve. You are also entitled to financial compensation and should work to maximize your financial recovery, even when the insurance company is trying to stand in the way.

Contact A Modesto Drunk Driving Accident Lawyer Today

If you or a loved one was involved in a drunk driving accident, you can begin the legal process by scheduling your free initial consultation. At Silva Injury Law, our attorneys begin to fight for you as soon as we are on the case. You can contact us online or call us today at (209) 308-8924. We will not ask you for any retainer, and we receive no legal fees unless you win your case.

Our Modesto Office Address

515 13th St.
Suite 203
Modesto, CA 95354
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