Victims of drunk driving accidents are often left with physical, emotional and financial burdens.
In Orange County, California, drunk driving accidents make up a significant portion of total traffic fatalities each year. In the area alone in 2023, there were 1,593 severe accidents caused by driving under the influence (DUI).
If you or a loved one has been a victim of such a vehicular crash, understanding your rights and the claims process is crucial for securing the compensation you deserve. This guide will walk you through every step, from immediate actions post-accident to filing a claim and seeking compensation.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
Your Rights as a Victim of a Drunk Driver in Orange County
Victims of drunk driving accidents have specific legal rights aimed at protecting them and ensuring they receive just compensation. California law allows those aggrieved to file a civil negligence lawsuit against the intoxicated driver responsible, whether they are in Santa Ana, Irvine, Costa Mesa, Anaheim, or any other city in the OC.
A DUI injury lawsuit can help recover damages for medical expenses, lost wages, pain and suffering, and more.
- Right to Compensation: Victims can seek compensation for various types of losses, including medical bills, rehabilitation costs, lost income, and emotional distress.
- Punitive Damages: In cases involving extreme negligence, such as driving while intoxicated, victims may also be entitled to punitive damages designed to punish the offender and deter similar behavior.
- Statute of Limitations: California law generally gives victims two years from the date of the DUI accident to file a personal injury lawsuit. It is essential to act within this timeframe to preserve your rights.
File a Claim for DUI Injuries: Steps to Take After an Accident
Timeliness can significantly impact your ability to file a successful claim. So, what should you do?
1. Ensure safety and seek medical attention
Your health and safety are the priority. Move to a safe location if possible, and call 911 for medical assistance. Even if you feel fine, be sure to get a medical evaluation as some injuries may not be immediately apparent after a collision, as with traumatic brain injuries and neurological damage. This checkup should be documented.
2. Contact law enforcement
Report the accident to the police. An official police report will be a vital piece of evidence in your claim, documenting the details of the accident and the intoxication of the other driver. Filing an SR-1 report with the California DMV is also necessary.
3. Gather evidence
Collect as much information as you can from the accident scene. This includes:
- Photographs and videos of the crash scene, vehicle damage, and any visible injuries.
- Medical documentation for any potential future injuries
- Contact information of witnesses who can corroborate your account of the accident.
- The other driver’s details, including their name, contact information, license plate number, and insurance information.
- Report from an accident reconstruction expert, if possible.
Note: Your first instinct after a DUI crash might be to call your insurance provider and give a statement. DO NOT DO THIS YET. It’s best to call an Orange County DUI accident lawyer first for help before you file a claim for DUI injuries.
Victim of a Drunk Driver in Orange County: The Claim Process
Filing a claim for DUI accident injuries requires meticulous attention to detail. Here’s what to expect:
1. Consult with an attorney
Consider consulting with a reputable personal injury attorney specializing in drunk driving accidents. An experienced lawyer can guide you through the process, help gather necessary evidence, and represent your interests effectively.
2. File a claim with the at-fault driver’s insurance
Your attorney will help you file a claim with the at-fault driver’s insurance company. This claim will include all documented damages, from medical expenses to lost wages and pain and suffering.
3. Negotiate a settlement
Insurance companies often attempt to minimize payouts when you file a claim for DUI injuries. Your attorney will negotiate on your behalf to ensure you receive a fair settlement. If an agreement cannot be reached, your lawyer may advise taking the case to court.
4. Prepare for possible litigation
If a settlement is not achieved, your case may go to trial. Your attorney will prepare all necessary documents, evidence, and witness testimonies to present a compelling case in court.
Seeking Compensation
Understanding the types of damages available can help you determine settlement when you file a claim for DUI injuries. The types of compensation include:
1. Economic Damages
These are quantifiable financial losses resulting from a drunk driving crash:
- Medical Expenses: Costs of medical treatment, hospital stays, surgeries, medications, and rehabilitation.
- Lost Wages: Income lost due to the inability to work while recovering from injuries.
- Property Damage: Costs to repair or replace your damaged vehicle and other property.
2. Non-Economic Damages
The victim of a drunk driver in Orange County may be able to recover these non-financial consequences:
- Pain and Suffering: Payment for physical pain and emotional distress endured due to the accident.
- Loss of Enjoyment of Life: Damages for the inability to enjoy activities and hobbies as you did before the accident.
- Emotional Distress: Money for psychological impact, such as anxiety, depression, or PTSD, resulting from the accident.
3. Punitive Damages
In cases of gross negligence, such as DUI, courts may award punitive damages to punish the offender and prevent them from repeating the offense in the future.
DUI Led to a Loved One’s Death? You Can File a Wrongful Death Claim
Intoxicated drivers who had struck and killed their victims should face more than criminal charges. Families of the victim can file a wrongful death claim in Orange County against the responsible party.
When someone dies due to the negligence or intentional act of another person, their surviving families can seek monetary compensation that is separate from any criminal charges and focuses on providing financial support for the surviving family members.
File a Claim for DUI Injuries and Losses in Orange County. Call RTM Law Firm for a Free Consultation.
Being a victim of a drunk driver in Orange County is a harrowing experience. Having legal support can empower you to seek justice and compensation.
If you or a loved one has been affected by a drunk driving accident, don’t hesitate to reach out to RTM Law Firm. Our Orange County personal injury lawyers are dedicated to helping victims like you secure the compensation and support you deserve.
Call us today for a free case review, and take the first step toward reclaiming your life.
Contact RTM Law Firm at (949) 287-4342. We’re here to help.
We are available anytime for an initial consultation
Free consultation. No fees unless we win.
