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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. We offer free case reviews to discuss your options for seeking compensation.

A DUI accident in Los Angeles can have serious and lasting consequences, affecting every aspect of your life. From physical injuries to property damage, the aftermath can leave you struggling to cope.

At Countrywide Trial Lawyers, we understand how overwhelming this situation can be. We know that navigating the complex legal system in Los Angeles, especially when dealing with DUI-related accidents, can feel like an uphill battle. Our team is here to help. We provide dedicated legal support to ensure your rights are protected and that you receive the compensation you deserve.

We offer personalized solutions tailored to your unique situation. You don’t have to face the legal challenges of a DUI accident alone—we’re here to guide you through every step of the process.

Common Injuries You Might Sustain in a DUI Accident

In California, DUI accidents often involve high-speed collisions, particularly in busy urban areas like Los Angeles. These accidents can result in catastrophic injuries, and the types of injuries sustained can vary greatly depending on the nature and severity of the crash. If you’re involved in a DUI accident, you might experience a wide range of injuries, from mild to severe, with some requiring lifelong care. Here are some of the common injuries that could occur in a DUI accident:

  • Traumatic Brain Injuries (TBI): Traumatic brain injuries (TBI) are one of the most serious and potentially life-altering injuries you can sustain in a DUI accident. TBIs occur when a sudden impact causes your brain to strike the inside of your skull, which can result in permanent cognitive issues, memory loss, or physical disabilities. Even if you don’t immediately feel symptoms, a TBI can worsen over time, leading to problems with concentration, motor skills, or emotional regulation. You may experience symptoms like confusion, headaches, dizziness, or even difficulty sleeping, which may persist for weeks or months.
  • Spinal Cord Injuries: Spinal cord injuries are another common consequence of DUI accidents. These injuries can result in partial or total paralysis, depending on the location and severity of the injury. If your spinal cord is damaged, you could face a lifetime of medical care, rehabilitation, and physical therapy. In some cases, spinal injuries are so severe that they result in permanent disability, affecting your ability to walk, work, or even perform daily activities. If you suffer from a spinal cord injury after a DUI accident, it could completely change the trajectory of your life.
  • Broken Bones and Fractures: Broken bones and fractures are a common result of the force involved in DUI accidents. When you’re in an accident, the sudden deceleration and impact can cause your bones to break or shatter. This is particularly common in high-speed crashes or when there is a rollover. Some fractures may be relatively minor and can heal with simple rest and medication. However, fractures to the ribs, arms, legs, or pelvis can require surgery, long recovery times, and physical therapy. Rib fractures can be especially dangerous, as they may cause difficulty breathing or puncture vital organs.
  • Soft Tissue Injuries: Soft tissue injuries, including whiplash, are another frequent outcome of DUI accidents. Whiplash occurs when your head is suddenly and violently jerked back and forth during a collision. This motion strains the muscles, ligaments, and tendons in your neck and spine, causing pain, stiffness, and headaches. Although whiplash is often not immediately apparent, it can become a long-term problem if left untreated. If you are experiencing neck or back pain after an accident, it’s essential to seek medical attention to diagnose and treat any underlying issues.
  • Internal Injuries: Internal injuries from a DUI accident can be incredibly serious and may not show symptoms right away. If you suffer internal bleeding or damage to vital organs like your liver, spleen, or kidneys, it could be life-threatening. In some cases, internal injuries are not diagnosed immediately, which is why it’s important to seek medical care even if you feel fine after an accident. Symptoms may take hours or even days to manifest, and untreated internal injuries can lead to shock, organ failure, or death.
  • Emotional and Psychological Trauma: In addition to physical injuries, DUI accidents can also lead to emotional and psychological trauma. Many people involved in DUI accidents experience symptoms of Post-Traumatic Stress Disorder (PTSD), depression, or anxiety. This could result from the traumatic nature of the crash, especially if you were injured or witnessed the injury of a loved one. Mental health conditions like PTSD can affect your ability to function in daily life and may require therapy, counseling, or medication. The emotional toll of a DUI accident is often overlooked but can be just as damaging as physical injuries.

DUI accidents can lead to a wide range of serious injuries, from physical trauma like TBIs and spinal cord injuries to emotional and psychological harm. If you or a loved one has been involved in a DUI accident, it’s crucial to seek medical attention immediately and consult with a legal professional to understand your rights and potential compensation.

What to Do Immediately After Being Involved in a DUI Accident in Los Angeles

If you’ve been involved in a DUI accident, there are several critical steps you should take immediately after the incident to protect your health, safety, and legal rights. How you handle the situation in the moments following the crash can have a significant impact on your ability to recover compensation and on the overall outcome of your case.

  • Ensure Safety and Call for Help: The first priority in any accident is ensuring safety. If you’re physically able to do so, move your vehicle to a safe location to avoid further accidents. If anyone has been injured, call 911 immediately. Even if you don’t feel hurt, it’s essential to seek medical attention right away. Sometimes injuries such as internal bleeding or concussions may not present symptoms until later, so it’s always safer to be examined by a medical professional.
  • Contact Law Enforcement: It’s crucial to call the police to report the accident. In California, the law requires that all accidents, particularly those involving DUI, be reported. Police will document the scene, interview witnesses, and create a report that will be useful for insurance claims and legal action. If the other driver is intoxicated, the police will likely administer a field sobriety test or a breathalyzer test. Their report will serve as valuable evidence in your case, particularly if the other driver is found to be under the influence.
  • Document the Scene and Gather Evidence: If you’re able to, take photos of the accident scene. Capture the damage to both vehicles, the location of the accident, skid marks, road conditions, and any visible injuries. Collect contact information from any witnesses who may have seen the accident happen. Their testimonies could be crucial in proving liability, especially if the other driver disputes the charges. Also, gather the other driver’s information, including their insurance details, driver’s license number, and vehicle registration.
  • Avoid Admitting Fault: It’s important not to admit fault at the scene, even if you feel responsible. In the chaos of an accident, emotions can run high, and you may say something that could hurt your case later. Stick to the facts and let the police and insurance companies determine who is at fault. If the other driver was intoxicated, this will likely be part of the police report and may influence the outcome of the case in your favor.
  • Seek Legal Help: After the accident, contact a DUI accident attorney as soon as possible. A skilled attorney can guide you through the legal process, help you understand your rights, and ensure you receive the compensation you deserve. DUI accidents often involve complex legal issues, so having a professional on your side can significantly improve the outcome of your case.

In the aftermath of a DUI accident, taking immediate and careful action is essential for your safety and legal protection. By ensuring safety, documenting the scene, and seeking legal assistance, you can better navigate the challenges of the situation and work towards securing the compensation you deserve.

Compensation You’re Entitled to in a DUI Accident

If you’ve been involved in a DUI accident, you may be entitled to compensation for your injuries, medical expenses, lost wages, pain and suffering, and more. California law allows accident victims to seek compensation for both economic and non-economic damages. Below are some of the types of compensation you may be entitled to if you’re the victim of a DUI accident.

  • Medical Expenses: Your medical expenses are one of the most important aspects of your claim. From emergency care to surgeries, rehabilitation, and long-term treatment, medical costs can add up quickly. Compensation for medical expenses can include both past and future medical costs. This is especially important if you have injuries that require ongoing treatment or rehabilitation, such as spinal cord injuries, brain injuries, or surgeries.
  • Lost Wages: If your injuries prevent you from returning to work, you may be entitled to compensation for lost wages. This includes wages you missed during your recovery period as well as any future lost earnings if your injuries result in long-term disability. If your injuries are severe enough that you can no longer work in the same capacity or profession, compensation can help replace your future income.
  • Pain and Suffering: In addition to tangible expenses, you may be entitled to compensation for pain and suffering. This refers to the emotional distress, physical pain, and diminished quality of life caused by the accident. Pain and suffering damages can account for the physical and emotional toll the accident has taken on you. Unlike medical expenses or lost wages, pain and suffering is not as easily quantified. It may include the physical discomfort from your injuries, the mental anguish caused by the trauma, and any long-term emotional distress you may experience, such as anxiety or depression. The amount you can recover for your pain and suffering will depend on the severity of your injuries, the length of your recovery, and how much your injuries have affected your day-to-day life.
  • Property Damage: In a DUI accident, if your vehicle or any personal property was damaged, you may be entitled to compensation for repairs or replacement. This includes not only the cost of repairing your car but also the loss of any personal items inside, such as electronics or other valuables. If your car is totaled or deemed irreparable, you could be compensated for the fair market value of the vehicle at the time of the accident.
  • Punitive Damages: In some cases, you may also be entitled to punitive damages. These damages go beyond compensating you for your losses and are meant to punish the at-fault driver for particularly reckless or egregious behavior. In DUI accidents, punitive damages are often awarded if the driver’s conduct was especially negligent, such as driving under the influence with a very high BAC or engaging in dangerous driving behaviors like speeding or evading the police. Punitive damages are intended to deter similar behavior in the future and may significantly increase the amount of compensation you can receive.
  • Loss of Consortium: If your injuries in the DUI accident have significantly impacted your relationship with your spouse or partner, you may be able to claim loss of consortium damages. These damages compensate for the loss of companionship, affection, and intimacy that you might experience as a result of your injuries. For example, if you’ve become unable to engage in certain activities that you used to enjoy with your spouse due to physical disabilities, your spouse may be able to pursue loss of consortium damages.

Wrongful Death Compensation

If you have lost a loved one in a DUI accident, you may be entitled to pursue wrongful death compensation under California law. This legal option allows you and your family to seek justice for the tragic loss caused by the reckless actions of a drunk driver. While no amount of compensation can replace your loved one, a wrongful death claim can help ease the financial burdens left behind and hold the intoxicated driver accountable for their actions.

In California, certain family members, including spouses, children, and parents, are eligible to file a wrongful death claim. If there is no surviving spouse or children, siblings may also have the right to pursue compensation. The damages you may be entitled to can include economic damages, such as funeral expenses, medical bills incurred before death, and lost wages.

Additionally, non-economic damages, such as pain and suffering, emotional distress, and the loss of companionship, can be part of the compensation. In some cases, punitive damages may be awarded if the drunk driver’s actions were especially reckless or malicious.

Navigating a wrongful death claim after a DUI accident can be overwhelming, which is why having an experienced attorney by your side is so important. Your lawyer can help you establish the intoxicated driver’s liability, gather the necessary evidence, and file the claim within the required time frame.

Seeking the help of an experienced attorney can ensure that you receive the full compensation you deserve for both your economic and non-economic damages.

Determining Liability in a DUI Accident

Determining liability in a DUI accident is a crucial part of seeking compensation for damages and injuries sustained in the crash. Liability refers to who is responsible for causing the accident, and it plays a significant role in ensuring that victims are compensated for their losses.

In Los Angeles, DUI accidents are often straightforward when the driver’s intoxication is a clear factor, but the process of determining liability can depend on these situations:

The Role of the Intoxicated Driver: In most DUI accidents, the intoxicated driver is considered primarily responsible for the crash. California law holds drivers accountable for their actions if they are driving under the influence of alcohol or drugs. The intoxicated driver is usually at fault for causing the accident, as their impaired ability to operate the vehicle increases the risk of collisions. When a driver has a Blood Alcohol Concentration (BAC) of 0.08% or higher or is under the influence of drugs, they are legally presumed to be negligent.

This means that the DUI driver is likely responsible for the damages caused by the crash, including property damage, injuries, and even wrongful death if someone loses their life due to the collision. However, even in cases where liability seems clear, there can still be complexities depending on factors such as additional drivers or contributory negligence.

Comparative Negligence in California: California follows a comparative negligence system, meaning that liability can be shared between multiple parties involved in an accident. Even if the drunk driver is at fault for most of the accident, if you, the victim, contributed to the crash in some way, such as not obeying traffic signals or speeding, your compensation could be reduced.

For example, if a drunk driver runs a red light and collides with your vehicle while you’re speeding, a court might determine that you were partially responsible for the accident. The comparative negligence rule is particularly important when it comes to calculating damages. If you are found to be partially at fault, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% responsible, you would receive only 80% of the total compensation. It’s important to have a skilled DUI accident lawyer in Los Angeles who can argue for your side and minimize your liability in the case.

Third-Party Liability: In some cases, third-party liability might come into play. This means that the responsibility for the accident could extend beyond the intoxicated driver. In California, there are laws that hold certain third parties accountable for contributing to the intoxicated driver’s actions.

One example is the Dram Shop Laws. Under these laws, bars, restaurants, or social hosts who serve alcohol to a visibly intoxicated person may be held partially responsible if that person causes an accident. If a bartender serves a drunk driver more alcohol even after they have shown signs of intoxication, they may be held liable for the damages caused by the driver. This is especially relevant if the intoxicated driver had been served alcohol at a venue before the accident.

Additionally, if the DUI driver was on the job or using a company vehicle at the time of the accident, their employer may also be held liable. This is an example of indirect liability, where an employer is responsible for the actions of their employees when they are acting within the scope of their employment. For example, if a drunk driver crashes into your vehicle while driving a company car during working hours, both the driver and their employer might be held responsible.

Determining liability in a DUI accident involves assessing the intoxicated driver’s responsibility, considering comparative negligence, and evaluating potential third-party liability, such as bars or employers, to ensure you receive fair compensation.

Investigating Evidence to Determine Liability

To determine liability, it’s crucial to gather evidence that supports your case. Law enforcement typically plays a major role in documenting the DUI accident and collecting evidence such as:

  • Police Reports: Police will conduct investigations and make reports about the accident. They may administer field sobriety tests, breathalyzer tests, or blood tests to measure the Blood Alcohol Concentration (BAC) of the drunk driver. These reports can be instrumental in establishing the intoxicated driver’s negligence.
  • Witness Statements: Eyewitnesses to the accident can provide crucial testimony. They may testify about what they saw, including whether the driver was exhibiting signs of intoxication, such as erratic driving or slurred speech.
  • Traffic Camera Footage: In many areas of Los Angeles, there are traffic cameras that record accidents and the behavior of drivers before, during, and after a crash. This footage can provide strong evidence of the driver’s actions and support claims of drunk driving.
  • Medical Records: Medical records help to establish the severity of the injuries sustained in the accident. They also serve as evidence that the injuries were a direct result of the DUI accident, which is necessary for compensation claims.

By having an experienced DUI accident lawyer on your side, you can ensure that all potential evidence is gathered and analyzed thoroughly. A lawyer will also be able to identify any evidence that may show the drunk driver’s negligence or provide support for third-party liability claims.

Steps Involved in Filing a DUI Accident Lawsuit

Filing a DUI accident lawsuit in Los Angeles involves several crucial steps to ensure that your rights are protected and you receive the compensation you deserve. The process can be complex, but an experienced DUI accident lawyer can guide you through each stage. Here are the steps involved in filing a DUI accident lawsuit:

Consultation with a DUI Accident Lawyer: The first step is to consult with a qualified DUI accident lawyer who specializes in personal injury claims. During the consultation, your lawyer will review the details of your case, including the accident, injuries, and the evidence you’ve gathered. Based on this information, your lawyer will help you understand your legal options and the viability of filing a lawsuit.

Investigation and Evidence Gathering: Once you decide to move forward with a lawsuit, your lawyer will begin a thorough investigation into the circumstances surrounding the DUI accident. This may include gathering police reports, medical records, witness statements, and any available video footage. The goal is to establish that the intoxicated driver was at fault and that you are entitled to compensation.

Filing the Complaint: Your lawyer will then file a formal complaint in court, which outlines the details of your case and the damages you are seeking. This is the official legal document that starts the lawsuit. The defendant (the drunk driver) will be served with the complaint and given a chance to respond.

Discovery Process: After the complaint is filed, both parties will engage in the discovery process. This involves exchanging documents, depositions, and other information related to the accident. Discovery allows both sides to gather evidence to support their case.

Negotiation and Settlement: Before the case goes to trial, your lawyer may attempt to reach a settlement with the defendant’s insurance company or legal team. If an agreement is reached, the case may be resolved without going to court. However, if negotiations fail, the lawsuit will proceed to trial.

Trial: If the case goes to trial, your lawyer will present evidence and argue on your behalf. The jury or judge will then decide if you are entitled to compensation and determine the amount.

Throughout this process, having a skilled DUI accident lawyer by your side is essential to navigating the complexities of the legal system and maximizing your compensation.

 

 

How a DUI Accident Lawyer Can Help You

Navigating the aftermath of a DUI accident in California can be overwhelming, particularly when dealing with serious injuries and the legal complexities that arise. Hiring a DUI accident lawyer can make a significant difference in the outcome of your case. Here’s how a skilled lawyer can assist you.

Investigating the Accident: One of the first steps your lawyer will take is to investigate the accident thoroughly. This includes reviewing police reports, collecting witness statements, and gathering evidence like photos and videos of the accident scene. They will also investigate the background of the intoxicated driver, including their BAC levels, any prior DUI offenses, and any other relevant factors. By building a strong case, your lawyer will help establish liability, ensuring that you receive the compensation you deserve.

Handling Insurance Companies: Dealing with insurance companies after a DUI accident can be frustrating. Insurance companies often attempt to settle quickly and may try to minimize the payout. Your lawyer will handle all communications with the insurance company, negotiating on your behalf to ensure you receive a fair settlement. If the insurance company refuses to offer a fair settlement, your lawyer can file a lawsuit and take your case to court.

Fighting for Fair Compensation: A DUI accident lawyer will fight to secure compensation for all your damages, including medical expenses, lost wages, pain and suffering, and property damage. They will ensure that no potential source of compensation is overlooked, and will advocate for your rights throughout the entire process. If punitive damages are applicable, your lawyer will pursue them to hold the intoxicated driver accountable for their reckless behavior.

Providing Emotional Support: In addition to their legal expertise, a DUI accident lawyer provides you with emotional support during a difficult time. Recovering from injuries and dealing with the legal aftermath of an accident can be stressful. Having a knowledgeable attorney by your side gives you peace of mind, knowing that you are in capable hands and that someone is fighting for your best interests.

Hiring a DUI accident lawyer can help you manage the legal and financial challenges after a crash. They will protect your rights, fight for fair compensation, and give you peace of mind during your recovery.

Contact a Los Angeles DUI Accident Lawyer

If you or a loved one has been involved in a DUI accident in Los Angeles, don’t face the aftermath alone. The legal challenges and emotional strain can be overwhelming, but Countrywide Trial Lawyers is here to provide you with the support and guidance you need.

With years of experience handling DUI accident cases in California, we know how to navigate the complexities of the law and fight for the compensation you deserve. Whether it’s medical bills, lost wages, or emotional distress, we are committed to protecting your rights and securing the best possible outcome.

Contact us today at 844-844-9119 for a free consultation. We’ll listen to your story, assess your situation, and help you understand your legal options. Our team is ready to guide you through every step of the process and ensure you get the justice you deserve.

Don’t wait—reach out to Countrywide Trial Lawyers now and let us help you move forward after this difficult time.

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