Fair Oaks DUI Accident
An alleged drunk driver was involved in an accident along Sunrise Boulevard in Fair Oaks on October 8 that resulted in injuries. The accident was reported by the California Highway Patrol (CHP) as occurring in the northbound lanes of Sunrise Boulevard just south of Fair Oaks Boulevard just before 12:30 in the afternoon. The crash blocked the number one lane for some time while the accident was being investigated by authorities with the CHP. One injury was reported, and toxicology was called to the scene to confirm that one of the individuals involved was under the influence at the time.
Injured by a Drunk Driver
Each year, approximately 110 million drivers say they drove while they were impaired. Yet, only one million are arrested. That means drivers stand a good chance of being hit by a drunk motorist at some point. This staggering number of impaired drivers leaves many people wondering what happens if they are in such an accident. For starters, you have the right to be compensated for medical care and lost time from work. Depending on the extent of your injuries, you may also receive punitive damages, which are used to punish the drunk driver beyond other compensation. It is the injured party’s responsibility to prove negligence in an impaired driver case.
Settling or Taking the Drunk Driver Case to Court
Insurance companies do not like dealing with drunk driver cases. They try to settle them cheaply and as quickly as possible. Drunk drivers are not looked upon favorably in the courts, and letting the case continue is not in their interests. It is in your interest not to settle quickly. This is because the full extent of your injuries may not be apparent right away. However, if you accept a settlement amount, any injury diagnosed afterward will not be covered.
Why Is Drunk Driving Considered Negligence?
Imbibing alcohol is not in itself negligence. Driving and having a blood alcohol concentration over 0.08 is illegal. Alcohol has an effect on the drunk driver’s ability to operate a motor vehicle in a prudent fashion by affecting their judgment and cognitive function. Making mistakes due to intoxication leads to the negligent actions that make up the personal injury lawsuit. For example, the person running a red light because alcohol has made them incapable of making the right decision and broadsiding another vehicle is negligent.
Proving Your Drunk Driving Case
After a drunk driving accident and before the police arrive, an injured driver can help by watching the drunk driver carefully. He or she may be throwing alcohol containers out of the vehicle, using eye drops to disguise red eyes or other things to hide their impairment. You may also see the impaired driver switching places with someone else in the vehicle. This is valuable information you can provide to the police or your attorney when they arrive. Your attorney can also obtain a copy of the police report that lists any factors responsible for the accident such as being impaired. The drunk driver may receive a citation on the spot, and this can be used in your case. If the driver is convicted, this will provide invaluable support for your case.
What an Attorney Can Do
Our legal team will put all the evidence gathered at the scene by our investigators together to help prove your case. They will speak to witnesses who may have seen the driver operating their vehicle in an unsafe manner prior to hitting the injured party. Videos of the accident often obtained from red-light surveillance cameras are also enormously helpful. Our investigative team also monitors any statements on the police report that contrast those of witnesses or the video footage.
Fair Oaks Car Accident Lawyer
I’m Ed Smith, a Fair Oaks car accident lawyer. Drunk drivers are responsible for many injuries and fatalities each year. If you were injured by a drunk driver, you may be able to claim compensation to pay for your lost time at work, medical costs, and other expenses. Give me a call at (916) 921-6400 or on the toll-free line at (800) 404-5400 for my free and friendly advice. An online contact form is available also.
I’m honored to belong to a number of organizations, including the following ones:
Since 1982, I’ve helped Fair Oaks residents with injuries caused by negligence to obtain fair compensation. Some areas of my practice include wrongful deaths, traumas such as brain injuries, and traffic collisions.
Find out more about my law practice by visiting:
Photo Attribution: https://pixabay.com/photos/drink-driving-drunk-alcohol-808790/
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