Drunk Driving / DUI / DWI
According to the
United States Department of Transportation, approximately 17,000
people die every year in an alcohol-related car accident, which
translates into an alcohol-related injury occurring every two
minutes. Every thirty minutes one of those injured people dies. Of
all traffic fatalities, 40% involve alcohol.
There are nearly 1.5
million drivers who are arrested each year for driving under the
influence of alcohol or drugs. That means an astonishing one out of
every 137 licensed drivers has been arrested for a drunk driving.
Drunk driving
accidents can cause catastrophic injuries, including spinal cord
injuries, severe brain injuries, and even wrongful death.
DUI and DWI
Every state has a
statute limiting the amount of alcohol a person can have in his or
system while driving. Some states impose a no-tolerance standard,
where it is illegal to drive with even a trace amount of alcohol in
the blood. More commonly, states say that a person cannot lawfully
drive with a blood alcohol content ("BAC") of over .08%. If a
person's BAC exceeds that limit, then he or she is guilty of DUI:
driving under the influence. In addition, states frequently set a
higher limit for driving while intoxicated (DWI), which is an even
more serious offense.
It is important to
understand that DUI and DWI involve more than alcohol. A person who
operates a motor vehicle under the influence of an illegal drug can
also be cited under the DUI or DWI statutes. Prescription
medications and over-the-counter drugs can also impair a person's
ability to drive safely, and can also make the driver liable for
injuries caused by an accident, if they failed to follow the
instructions on the medication or failed to heed the warning labels.
Drunk Driver Liability
When a driver causes
an accident while operating a vehicle under the influence of alcohol
or drugs, that driver is presumed to have acted negligently, and is
therefore liable for the injuries caused by the crash. That means
the driver is legally responsible to pay for medical expenses, lost
wages, lost earning capacity, and pain and suffering. In addition,
punitive damages may be imposed on the drunk driver as a form of
punishment.
In addition to the
drunk driver, under the legal theory of negligent entrustment, if
someone entrusted his or her car to the drunk driver, that person
may be liable for the injuries the drunk driver caused. Also if the
drunk driver was drinking alcohol at a bar, a restaurant, a club, or
a hotel, there are laws that hold that establishment legally
responsible as well.
A drunk driver who
causes an accident is liable not only to pedestrians and people in
other cars, but is also liable to passengers in his or her own car.
In some circumstances, a drunk driver may also be liable to the
families of any of the people who were injured in the accident.
WHAT TO DO:
If you or a family
member has been injured as a result of a drunk driving accident:
1. Seek immediate
medical attention for your injuries: go to an emergency room or an
urgent care as soon as you experience any pain or discomfort
following an accident. Even if you don't see any external injuries,
it is extremely important to be evaluated to see if you have any
fractures, a closed head injury, or internal bleeding. If you do not
you're your injuries require emergency medical care, see your family
doctor as soon as possible. If you delay in seeking medical care,
you could be making a costly mistake. At the Law Office of Slaughter
& Slaughter, we work with medical doctors, chiropractors, and
therapists who specialize in treating people who have been injured
in an accident. Medical referrals are available and you can receive
medical treatment even if you don't have health insurance coverage.
2. Limit your
communication with the other driver's insurance company. It is
generally okay to tell the insurance adjuster where your vehicle is
so they can do an estimate on your property damage. However, do not
talk to the adjuster about your injuries. The adjuster's job is to
obtain information to use against you when it is time to pay your
claim. The goal is to pay you as little money as is possible to
settle your claim. So, with regard to your injuries, simply tell the
adjuster you were hurt in the accident and that you are seeking
medical treatment. Politely decline to go into any further detail.
3. Contact an
experienced attorney. Let the attorney deal with the insurance
adjuster. If you try to handle your own injury claim, you may be at
a severe disadvantage. You could be losing thousands of dollars by
settling your claim without having proper legal representation. As
tempting as it may be, don't be lured into signing a release in
exchange for a quick settlement. Once you sign that release, you
cannot ask for more money, which will be tragic if you find out that
your injuries have not fully resolved and you need additional
medical care.
4. The Law Offices
of Slaughter & Slaughter will accurately and honestly evaluate your
claim and strive to get the maximum settlement or judgment to fully
compensate you for your injuries. You may be entitled to
compensation for past and future medical bills, past and future lost
wages, past and future physical pain and suffering, past and future
mental anguish and emotional distress, past and future physical
impairment, and loss of consortium.
The Law Offices of
Slaughter & Slaughter
4370 La Jolla Village Dr. 4th
San Diego, CA.92122
858.909.9090
There is no reason
to suffer alone from the effects of a drunk driving accident. We can
help you bring a claim and strive to get the compensation you and
your family will need for a lifetime of coping with this
catastrophic injury. Our compassionate personal injury lawyers want
to see you achieve the best resolution possible.
We serve clients
throughout Southern California, including Orange County, Los Angeles
County, Riverside County, San Bernardino County, and the communities
of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas,
Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and
surrounding areas.
Don't delay, call today for more information and a free evaluation
of your claim. |
