In the aftermath of a drunk driving accident, the physical, emotional, and financial toll can be overwhelming. When drunk, drivers are more likely to act recklessly, missing traffic signs, speeding, and even fleeing the scene of an accident in a hit-and-run.
Drunk driving incidents can shatter lives, causing severe injuries, long-term disabilities, and even lost income or earning capacity. For victims and their families, navigating the complex legal landscape to seek justice and compensation is not just important – it’s essential for rebuilding your life with the support you need to not just survive but thrive.
At Sepulveda Sanchez Accident Lawyers, we represent victims of drunk driving across California. With years of experience and a proven track record of success in drunk driving injury cases, our team of dedicated attorneys is committed to providing you with compassionate and knowledgeable legal guidance. We stand ready to fight with you and advocate for your best interests.
Immediate Steps to Take Following a Drunk Driving Accident
Experiencing a drunk driving accident can be a traumatic and disorienting event. However, taking the right steps immediately after the incident can significantly impact the outcome of your case and your chances at recovering fair compensation from the driver at fault.
- Ensure Physical Safety and Seek Medical Attention – Your health and safety are the top priority. If you or anyone else is injured, call 911 immediately to get medical help. Even if you don’t think you’re seriously hurt, it’s critical to seek medical attention as some injuries may be latent and not immediately obvious.
- Contact Law Enforcement – Report the accident to the police as soon as possible. A police report can be a vital piece of evidence in your case. Make sure you provide a detailed account of the incident from your point of view and inform the officer if you suspect that the other driver was under the influence of alcohol or drugs.
- Gather Evidence at the Scene – Collect as much information as you can from the scene of the accident without putting yourself in harm’s way. Take photos of the vehicles involved, the scene of the accident, any visible injuries, and any other relevant details. Gather contact information from witnesses and make notes about the incident while your memory and the memory of eyewitnesses is still fresh.
- Exchange Information – Get contact and insurance information from the other drivers involved in the accident. Try to stay calm and neutral – be careful not to discuss the specifics of the accident or admit any fault during this exchange.
- Document Your Injuries and Damages – Keep detailed records (including photographs) of your injuries, your medical treatments, and any other losses you’ve experienced from the accident. This includes all medical bills, repair estimates for your vehicle, and any lost wages if you have to take time away from work to recover.
- Use Caution When Speaking to Insurance Companies – Be cautious about speaking with insurance adjusters or accepting any settlements before you talk to your lawyer, even if it’s your insurance company. Ultimately, insurance companies are more interested in protecting their profits than protecting you. They’re notorious for using various tricks to try to minimize your claim or offer you a lowball settlement that doesn’t come close to fully covering the true extent of your damages.
- Contact an Attorney You Trust – Seek legal representation from a law firm experienced in handling drunk driving accident cases. A good lawyer will look out for your best interests at every step of the legal process.
The Role of Law Enforcement and Medical Documentation in Drunk Driving Incidents
When a drunk driving accident happens, law enforcement officers are responsible for investigating the scene and determining the circumstances of the incident.
- Securing the Scene – Police officers will make sure that the accident scene is safe and that traffic is redirected if necessary to prevent further incidents.
- Gathering Evidence – Officers who arrive at the scene will collect evidence, including photographs of the area, any skid marks, and vehicle positions. They will also document any signs of driver impairment, such as slurred speech or the smell of alcohol or drugs.
- Conducting Sobriety Tests – The police will administer field sobriety tests, using a breathalyzer or other chemical test to measure the blood alcohol concentration (BAC) of the suspected drunk driver. This data is crucial in proving impairment.
- Filing a Police Report – You can file a police report with the officers who show up at the scene. This document should include the officer’s observations, the results of any field sobriety tests, witness statements, and any other relevant information.
Medical documentation is equally important in establishing the extent of your injuries as well as linking your injuries to the accident – in other words, establishing causation.
- Immediate Medical Evaluation – Getting medical attention right after the accident ensures that all of your injuries, whether visible or hidden, are documented. Even minor symptoms such as aches and pains should be checked, as they can rapidly develop into more serious conditions. This is especially true for traumatic brain injuries.
- Detailed Medical Records – When it comes to proving your case, comprehensive medical records become vital in demonstrating the severity of your injuries and their impact on your life. These records may include emergency room reports, doctor’s notes, diagnostic test results, and short- and long-term treatment plans.
- Continued Medical Treatment – Make sure to follow all your doctors’ medical advice and attend all follow-up appointments for the sake of your health. This shows that you’re taking your recovery seriously and provides ongoing documentation of your injuries as well as demonstrating their continuing effects on your life.
- Connecting Your Injuries to the Accident – Medical records, especially those taken right after the accident, serve as a critical link to proving causation between the accident and the injuries you suffered. They can help prove that your medical issues, and the expenses involved, are a direct result of the drunk driving incident.
- Expert Testimony – In some cases, your lawyer may call upon medical experts to testify about your injuries, their cause, and their long-term impact on your quality of life.
Together, the evidence collected by law enforcement and your medical documentation can form the backbone of a compelling personal injury case. This evidence provides clear, objective records that can substantiate your legal claims, demonstrate the negligence or recklessness of the drunk driver, and justify the compensation you’re seeking.
Compensation: What Damages Can You Recover?
In California, victims of drunk driving accidents are entitled to various types of damages, including economic damages, non-economic damages, and even punitive damages.
- Economic damages compensate you for quantifiable financial losses you’ve experienced because of the accident. These may include: all current and future medical costs related to your injuries, any lost wages because your injury prevented you from working, any property damage to repair or replace your car, and any rehabilitation costs such as occupational therapy, counseling, and other supportive treatments.
- Non-economic damages are more subjective, compensating you for the non-financial impacts of the accident. These can include your physical pain, emotional distress and suffering, being unable to enjoy activities or hobbies you once loved, and even your ability to engage in companionship or intimacy with your spouse.
- Punitive damages are usually rare, but they often come into play with drunk drivers because their choice to drive under the influence is by definition egregious and reckless. While economic and non-economic damages are meant to compensate you for your losses, punitive damages intend to punish the wrongdoer and deter them from engaging in the same reckless behavior again. These damages are often awarded as a “multiplier” and can significantly increase the total amount of your compensation.
At Sepulveda Sanchez Law, we help you put forward the strongest case possible by thoroughly investigating the circumstances of your accident, accurately calculating your damages, negotiating with insurance companies, and pursuing legal action if necessary. Whether you settle out of court or take your case before a judge or jury, we’ll be by your side. Contact us now for a free consultation to get started on your case.