We understand how traumatic car accidents can be. When that accident occurs due to intoxicated driving, you may feel a rise of emotions ranging between anger, fear, stress, and sadness. You have rights when someone is caught driving under the influence of drugs or alcohol and injures you. You deserve to recover compensation for your losses. Hire a qualified Watsonville drunk driving accident attorney to get to work for you so you can begin the healing process.
What Are the California Laws Against Intoxicated Driving?
Alcohol and drugs impair the good judgment of an otherwise sober driver. California law prohibits a person from driving a motor vehicle while under the influence of alcohol above a certain blood alcohol content (BAC) or drugs. Drugs, including prescription and over-the-counter medications, can lead to a DUI charge. It is illegal for anyone to operate a vehicle with a BAC of 0.08% or higher.
If you are an accident victim, establishing the driver’s negligence at the time of the accident strengthens your case. When you prove negligence, you show that the driver failed to act with the same care as a reasonable person in a similar situation. Four elements must be present to prove negligence:
Duty—The driver owed a duty of care to you. In most situations, all drivers owe a duty of care to other drivers and pedestrians they encounter.
Breach—The driver breached this duty of care.
Causation—The breach of the driver’s duty caused your injuries in a drunk driving accident.
Damages—You suffered losses as a result of the accident.
An accident victim may not have to prove these four elements in a drunk driving lawsuit. Instead, a driver who drove under the influence may be deemed negligent per se. Negligence per se provides that a drunk driver is presumed negligent because they violated a law, statute, or ordinance. In other words, the violation of the law, statute, or ordinance caused an injury that the law intended to prevent.
How Can Watsonville Drunk Driving Accident Lawyers Help Me?
In the moments following a car accident, most people feel overwhelmed and lack the clarity to take the correct steps. The most important step you can take is assessing your health and safety. Even if your injuries may not be immediately apparent, seek medical attention.
A personal injury attorney handles the legal aspects of your case and undertakes the following actions:
Gathers witness statements,
Collects copies of police accident reports,
Obtains any record of criminal activity such as drug or Breathalyzer tests.
Using this information, your attorney builds a solid civil case on your behalf to get the compensation you deserve.
What Compensation Can I Recover in a Drunk Driving Lawsuit?
California law permits the recovery of compensation in the form of economic and non-economic damages.
Economic damages represent financial losses directly related to your injuries. These damages are calculated with certainty based on the following losses:
Maintaining a record of all expenses directly related to the negligent driving accident assists your attorney in developing a value for this aspect of your lawsuit.
Non-economic damages represent subjective losses resulting from your injuries. These damages include the following:
California does not place a cap on non-economic damage awards in these particular cases. However, proving non-economic damages requires the assistance of qualified Watsonville drunk driving accident lawyers. In many cases, non-economic damages provide a drunk driving accident victim with the financial support needed for the psychological and emotional trauma resulting from such a life-changing event.
Promoting Healing Through Compassionate Advocacy
We believe that our duty goes beyond achieving large monetary awards for our clients.
We strive first to be decent human beings who seek not to stir up fights, but to solve problems.
As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
- Abraham Lincoln
Contact a Watsonville Drunk Driving Accident Lawyer
At Silva Injury Law, we treat our clients like family while working tirelessly to provide them with the highest caliber of legal representation. Silva Injury Law does not charge a drunk driving accident victim any money upfront to handle their case. We offer free in-person or remote consultations to determine whether your case has merit. Our Watsonville drunk driving accident lawyers fight hard for every case and collect a fee only when we obtain a judgment or settlement on your behalf. Contact us today and find out how our team can help you.
