The Legal Process for DUI Accident Claims

Have you or a loved one been injured in an accident involving a driver under the influence in Los Angeles? Contact Countrywide Trial Lawyers today for a free consultation.

Being involved in a DUI accident in Los Angeles can leave you battling with more than just physical injuries. The aftermath of such an incident often brings mounting medical bills, lost wages, emotional distress, and the pain of watching your life turn upside down. On top of that, navigating the legal system to claim compensation for your injuries and other losses might feel overwhelming.

At Countrywide Trial Lawyers, our Los Angeles DUI accident lawyers understand how challenging this time can be for you. That’s why we’ve created this guide to help you through the process of filing a DUI accident claim in Los Angeles. We’ll break down each step so you’ll know exactly what to expect and how to protect your rights. With the right knowledge and legal support, you can get the compensation you need to rebuild your life. Contact us today to schedule a free consultation and begin your path to recovery, justice, and compensation.

Gather Evidence and Document the Accident Scene

Gathering evidence and documenting the accident scene after a DUI crash in Los Angeles is one of the most critical steps in protecting your legal rights. California law requires drivers to stop and exchange information after an accident, but your role goes far beyond this if you intend to file a DUI accident claim. In these moments, every detail counts, and taking the time to gather comprehensive evidence can make all the difference in your case.

Start by ensuring your safety and the safety of others involved. If your car is in a dangerous position, such as blocking traffic or sitting in an intersection, move it to a safe location if possible. California law emphasizes maintaining the safety of the roadway after an accident. However, if moving your vehicle isn’t safe or practical, leave it where it is and wait for help. Once the immediate danger has passed, begin gathering evidence.

• Use your phone to take clear, detailed photos of the accident scene. Photograph the damage to all vehicles involved, focusing on the points of impact, the condition of the vehicles, and any nearby objects, like guardrails or poles that may have been struck.
• Capture road conditions, such as skid marks, oil spills, or debris.
• If there are traffic signs, signals, or anything else that might have contributed to the accident, include those in your photos as well. These details can help establish factors like visibility, road design, or unsafe driving behavior.
• Don’t forget to document your own injuries at the scene. Take close-up photos of cuts, bruises, or any visible signs of trauma. These can later serve as proof of the immediate impact of the crash.
• Witness statements are another invaluable resource. If anyone saw the accident happen, politely ask for their name, phone number, and a brief statement about what they observed. Witness accounts can help support your version of events, especially if there’s a dispute about who was at fault. Witnesses may be hesitant to get involved, so approach them calmly and explain that their input could make a significant difference in your case.

It’s also crucial to note the behavior and condition of the other driver. If they appear intoxicated, disoriented, or acting suspiciously, this observation could strengthen your claim. Look for signs like slurred speech, the smell of alcohol, or unsteady movements. If the other driver admits to drinking, remember their statement, as it could be a key piece of evidence.

This evidence will serve as the foundation of your claim. Whether you’re negotiating with insurance companies, presenting your case to a jury, or working with a lawyer, this documentation can prove negligence and demonstrate the full extent of your losses. Although gathering evidence may feel overwhelming in the chaotic moments after an accident, it is a crucial step toward ensuring your rights are protected under California law.

Seek Medical Attention and Document Your Injuries

Your health and safety should always come first after a DUI accident. Even if you feel unhurt immediately following the crash, it’s essential to seek medical attention as soon as possible. California law recognizes that some injuries may not be immediately apparent, and untreated injuries can worsen over time, leading to long-term complications.

• Visit the nearest hospital, urgent care center, or medical facility in Los Angeles to get a full evaluation.
• Tell the healthcare professionals that you were involved in a motor vehicle accident and describe any pain or discomfort, even if it seems minor. Concussions, whiplash, internal bleeding, and other injuries can sometimes take hours or even days to fully present symptoms. Prompt medical care not only ensures your health but also creates an official record of your injuries, which is vital for your legal claim.
• Keep detailed documentation of every aspect of your medical treatment. This includes hospital bills, receipts for medications, physical therapy appointments, and follow-up visits. Maintaining this documentation helps demonstrate the financial burden the accident has placed on you. If your injuries require long-term care or prevent you from working, these records will highlight the ongoing impact on your life.

By prioritizing your health and documenting every step of your recovery, you lay the groundwork for a successful legal claim. This proactive approach ensures that your injuries are taken seriously and that you receive the compensation you need for your medical expenses and pain and suffering.

File a Police Report

Filing a police report is not just a good idea after a DUI accident—it’s required under California law when there are injuries, fatalities, or significant property damage. In the context of a DUI case, a police report carries even greater weight. It serves as an official, unbiased account of the incident and can provide critical evidence for your claim.

When law enforcement arrives at the scene, cooperate fully and provide a detailed account of what happened. Stick to the facts, avoiding speculation or assigning blame. Mention anything unusual you observed about the other driver, such as erratic behavior or the smell of alcohol. If the other driver is lawfully arrested for driving under the influence, their blood alcohol concentration (BAC) and any chemical test results will be included in the police report.

If the police don’t come to the scene—perhaps due to the crash being deemed minor—you can still file a report later. Visit your local Los Angeles police station and provide as much information as possible. Include the time, date, and location of the accident, as well as details about the vehicles involved and any injuries.

The police report is often a key piece of evidence when negotiating with insurance companies or pursuing a lawsuit. It carries significant weight because it’s an objective, third-party document. Insurance companies typically require a police report before approving claims, and your lawyer can use it to strengthen your case.

Contact a DUI Accident Lawyer

The legal process for DUI accident claims in California can be daunting, especially if you’re facing medical bills, property damage, and emotional stress. Working with an experienced lawyer is often the best way to navigate this challenging time.

A DUI accident lawyer can guide you through every step of the legal system. They understand the nuances of California law, including the California Vehicle Code and DUI-specific regulations. In Los Angeles, where DUI accidents occur frequently, a local lawyer will have the expertise and familiarity with courts, judges, and procedures to build the strongest possible case.

Your lawyer will handle communications with insurance companies and the at-fault driver’s legal team, sparing you from the stress of these interactions. They will also gather evidence, interview witnesses, and ensure that your claim is supported by medical records, police reports, and other documentation.

The drunk driver may try to reduce their liability through a not guilty plea or by disputing chemical test results. Your lawyer will be prepared to counter these strategies with a solid case built on facts. They can also help you decide whether to accept a plea deal or take your case to trial, ensuring that any settlement fully compensates you for your losses.

Having a lawyer on your side means you don’t have to navigate the legal process alone. They will fight to protect your rights and secure the justice you deserve.

Notify the Insurance Company

Notifying your insurance company is a necessary step after a DUI accident, but it must be done with care. Insurance companies are businesses, and their goal is to minimize payouts whenever possible. For this reason, it’s important to be cautious when providing a statement.

Start by contacting your insurance company promptly. California law requires drivers to report accidents to their insurers within a reasonable timeframe, often within 24 to 72 hours. Be honest about the basic facts of the accident: where and when it happened, who was involved, and the nature of any injuries or property damage. Avoid giving unnecessary details or admitting fault.

Your lawyer can also handle direct communications with the insurance company on your behalf. They understand the tactics insurers use to undervalue claims and will ensure that your rights are protected.

Negotiate a Settlement with the Insurance Company

Negotiating with an insurance company after a DUI accident is often one of the most difficult parts of the legal process. Insurance adjusters are trained to offer low settlements, hoping you’ll accept less than you deserve.

A skilled lawyer will advocate for fair compensation by accurately calculating the value of your claim. This includes current and future medical bills, lost wages, property damage, and emotional distress. They will also address less obvious costs, such as diminished earning capacity if your injuries prevent you from returning to work.

The negotiation process can take time, especially if there are disputes about liability. California follows a comparative negligence system, meaning both parties can share fault. Your lawyer will ensure that fault is assigned fairly and that you aren’t penalized unjustly.

File a Lawsuit

If negotiations fail to result in a fair settlement, filing a lawsuit may be necessary. Taking the case to court allows you to seek the full compensation you’re entitled to under California law.

Filing a lawsuit involves drafting a formal complaint and submitting it to a Los Angeles court. From there, the case moves into discovery, where both sides gather evidence, interview witnesses, and prepare for trial.

At trial, your lawyer will present evidence to show the drunk driver’s negligence. This might include medical records, witness statements, and the results of any blood or breath tests. If the defendant argues that their chemical test was invalid, your lawyer will counter these claims with expert testimony and evidence of their behavior.

While the thought of going to trial can be intimidating, it’s often a necessary step to achieve justice when other avenues have failed. An experienced lawyer will guide you through every aspect of the trial process, ensuring you are fully prepared to advocate for your rights and secure the compensation you need to move forward.

Contact a Los Angeles DUI Accident Lawyer

If you’ve been involved in a DUI accident in Los Angeles, you don’t have to navigate the legal process alone. The aftermath of a drunk driving crash can leave you with mounting medical bills, emotional distress, and uncertainty about what steps to take next. At Countrywide Trial Lawyers, we specialize in guiding victims like you through the complexities of DUI accident claims in California. Our experienced team understands the local laws, the challenges of dealing with insurance companies, and the importance of fighting for the compensation you deserve.

With our expertise, you can focus on healing while we handle everything from gathering evidence to negotiating with insurers or representing you in court. Don’t let a DUI accident affect your future. Contact Countrywide Trial Lawyers today for a free consultation, and let us help you reclaim your life. Call us at 844-844-9119 to get started.