Victims of DUI-related accidents often face life-changing injuries and financial hardships in Los Angeles County. Michael D. Waks is an experienced DUI victims lawyer who helps clients navigate insurance claims, medical expenses, and legal complexities following an accident caused by a drunk or impaired driver. His expertise ensures that victims receive the compensation they are entitled to while protecting their long-term interests. Call Michael D. Waks at (888) 394-1174 for a free consultation to discuss your case and understand your options after a DUI accident.

Recovering Damages After a DUI-Related Accident

Driving under the influence of alcohol or drugs is a serious problem on California roads. Each year, DUI-related accidents cause thousands of injuries and fatalities. If you were injured in a crash caused by a drunk or impaired driver in Los Angeles County, you may be entitled to recover damages for your losses. Understanding how the legal process works and what steps to take after an accident is essential for protecting your rights and obtaining fair compensation.

Understanding DUI Accidents

A DUI accident occurs when a driver under the influence of alcohol, drugs, or both causes a crash. In California, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher for drivers over 21. Commercial drivers and drivers under 21 have stricter limits. Impairment can affect reaction times, judgment, and motor skills, increasing the risk of collisions.

DUI accidents can involve multiple vehicles, pedestrians, or cyclists. Injuries in these accidents often range from minor to life-threatening, including broken bones, head trauma, spinal injuries, and internal damage. Even when property damage seems minimal, the financial and emotional consequences can be significant.

Why DUI Accidents Carry Liability

When a driver is intoxicated, they are generally considered negligent under California law. Negligence occurs when a person fails to exercise reasonable care, and in DUI cases, the impaired driver’s decision to operate a vehicle falls squarely under this standard. Liability is established because the driver’s actions directly caused harm to others.

California follows a pure comparative negligence system, meaning that fault can be shared between multiple parties. Even if you were partially at fault for the accident, you could still recover damages, though the amount would be reduced by your percentage of responsibility.

Types of Damages You Can Recover

After a DUI-related accident, victims can pursue compensation for both economic and non-economic damages. Economic damages cover quantifiable financial losses, such as:

Medical expenses, including emergency care, surgeries, therapy, and future medical needs
Lost wages due to time off work
Loss of earning capacity if injuries affect your ability to work long-term
Property damage, including vehicle repair or replacement

Non-economic damages compensate for the physical, emotional, and psychological impact of the accident. These may include:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Permanent disability or disfigurement

In cases of extreme misconduct, such as driving with extreme intoxication or committing multiple traffic violations, courts may award punitive damages. These are designed to punish the at-fault driver and deter similar behavior in the future.

Gathering Evidence After a DUI Accident

Collecting evidence is crucial to building a strong case. After a DUI accident, you should take steps to document the circumstances and preserve proof of the other driver’s negligence.

Police reports: Officers at the scene will document the crash and may perform field sobriety tests or note BAC levels. These reports can serve as key evidence.
Medical records: Prompt medical treatment not only protects your health but also creates an official record linking your injuries to the accident.
Witness statements: Passengers, other drivers, or pedestrians may have seen the driver’s impaired behavior or the sequence of events leading to the crash.
Photographs and video: Pictures of the scene, vehicle damage, skid marks, and injuries can support your claim. Traffic cameras, security footage, and dashcams may also capture critical details.
Driver records: A DUI arrest, BAC results, or citations issued can strengthen your case by proving impairment.

Preserving this evidence early is essential because it can be lost or altered over time.

Insurance Considerations in DUI Cases

Insurance companies are involved in nearly every personal injury claim. After a DUI accident, the at-fault driver’s insurance policy should cover your damages. However, insurance adjusters may attempt to limit payouts, question your injuries, or assign partial blame to reduce their liability.

California law requires insurance companies to act in good faith, but they often have financial incentives to minimize claims. Working with an attorney can ensure that your case is presented accurately and that all damages are considered.

Legal Steps for Pursuing Compensation

Filing a personal injury claim after a DUI accident typically involves several key steps:

Seek immediate medical care to address injuries and document treatment.
Report the accident to law enforcement to create an official record.
Notify your insurance company while preserving your right to consult an attorney before providing detailed statements.
Collect evidence from the scene, witnesses, and medical providers.
Consult a personal injury lawyer to evaluate your case, gather additional evidence, and negotiate with insurance companies.

In cases where the at-fault driver’s insurance coverage is insufficient, a lawyer can explore additional avenues, such as umbrella policies or claims against other liable parties.

Challenges in DUI Accident Cases

DUI accident cases can present unique challenges. Drivers may deny impairment, claim they were not at fault, or minimize the extent of their negligence. Insurance companies may dispute your medical expenses or argue that your injuries were pre-existing.

In addition, California’s comparative negligence system means that even a small percentage of fault attributed to you could reduce your compensation. Careful documentation, strong evidence, and professional legal guidance are crucial to overcoming these challenges.

The Role of a Personal Injury Attorney

A personal injury attorney experienced in DUI accident cases can help you navigate the legal process and protect your rights. They can:

Investigate the accident thoroughly, including reviewing police and medical records
Collect witness statements and video evidence
Work with experts such as accident reconstruction specialists or medical professionals
Handle communications with insurance companies
Negotiate settlements or represent you in court if necessary

Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless you recover compensation. This arrangement makes legal representation accessible even when financial resources are limited.

Time Limits for Filing a Claim

California law imposes strict deadlines for personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. Claims against government entities, such as city buses involved in DUI accidents, must follow shorter deadlines, often six months. Acting promptly ensures that evidence is preserved and your right to compensation is protected.

DUI-related accidents can have devastating consequences for victims and their families. Recovering damages requires understanding liability, gathering strong evidence, and navigating the legal system. California law provides protections for those injured by impaired drivers, allowing victims to seek compensation for medical expenses, lost wages, pain and suffering, and other losses.

Seek Justice and Healing with a Los Angeles County DUI Victims Attorney

When a drunk driver causes harm, victims deserve a relentless advocate. Michael D. Waks is a skilled Los Angeles County DUI victims attorney who understands the physical, emotional, and financial toll such accidents create. He works tirelessly to pursue justice and obtain fair compensation for those affected by impaired drivers. Call Michael D. Waks today at (888) 394-1174 for a free consultation and take the first step toward accountability and recovery after a DUI-related crash.