How Drunk Driving Accidents Differ From Other Cases
Drunk driving cases involve both criminal and civil proceedings, creating opportunities for enhanced compensation that don’t exist in typical car accidents. While the criminal case against the drunk driver proceeds through the courts, your civil case allows you to recover damages for medical expenses, lost wages, pain and suffering, and other losses. California law permits punitive damages in drunk driving cases, which means you may recover compensation beyond your actual losses.
Evidence in drunk driving cases often includes police reports, breathalyzer results, field sobriety test documentation, and witness statements. This evidence strengthens your position significantly compared to standard accident cases, where fault may be disputed. The presence of alcohol or drugs creates a strong foundation for proving negligence, as driving under the influence violates both traffic laws and the basic duty of care every driver owes to others on the road.
Building a Strong Legal Case
The legal process begins immediately after the accident with evidence preservation and witness interviews. We coordinate with law enforcement, obtain police reports, and gather medical records documenting your injuries. Our investigation goes beyond the police report to uncover additional evidence, such as security camera footage, cell phone records, and social media posts that may reveal the driver’s condition before the accident.
We identify all potential sources of compensation beyond the drunk driver’s insurance policy. If the driver was working at the time of the accident, their employer may be liable under respondeat superior principles. California’s dram shop laws may also provide additional avenues for recovery if the driver was overserved at a bar or restaurant before causing the accident.
Negotiating With Insurance Companies
Insurance companies often attempt to minimize payouts in drunk driving cases despite clear liability. We handle all communications with insurers and fight against tactics designed to reduce your compensation, including arguments about injury severity or attempts to assign partial fault to the victim. Our experience with these cases allows us to anticipate common defense strategies and counter them effectively with thorough documentation and expert testimony when necessary.
The criminal conviction or plea agreement from the drunk driver’s case provides powerful leverage in settlement negotiations. Insurance adjusters understand that juries are typically unsympathetic to drunk drivers, making them more willing to negotiate reasonable settlements rather than risk a trial verdict that could include substantial punitive damages.
Types of Compensation Available
Victims of drunk driving accidents may recover economic damages, including medical expenses, lost wages, property damage, and future medical care. These concrete losses are typically easier to calculate and document through medical records, employment documentation, and repair estimates. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life that extend beyond physical injuries.
The following types of compensation may be available in your case:
- Medical expenses, including emergency treatment, surgery, rehabilitation, and future care • Lost wages and reduced earning capacity from your injuries • Property damage to your vehicle and personal belongings • Pain and suffering related to your physical and emotional trauma • Loss of consortium if the accident affects your relationship with your spouse
Punitive damages represent an additional category unique to cases involving egregious conduct like drunk driving, potentially adding substantial value to your case by punishing the defendant and deterring similar behavior.
Why Drunk Driving Cases Require Immediate Action
Time is crucial in drunk driving accident cases because evidence can disappear and witnesses’ memories fade quickly. We begin our investigation immediately to preserve critical evidence such as surveillance footage, bar receipts, and witness statements before they become unavailable. The sooner we can start building your case, the stronger your position becomes in negotiations or at trial.
California’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit, but waiting too long can compromise your case’s strength. Early involvement allows us to coordinate with the criminal proceedings against the drunk driver and use developments in that case to benefit your civil claim.
Our Track Record With Drunk Driving Cases
We bring over a decade of legal experience and a proven track record of securing significant settlements for our clients, including recent awards of $2,750,000, $2,250,000, and $350,000. Our approach combines thorough case preparation with aggressive advocacy, ensuring insurance companies understand we’re prepared to take your case to trial if they refuse to offer fair compensation.
Having grown up and lived in the San Fernando Valley, we understand the local community and the devastating impact drunk driving has on families throughout Los Angeles County. We’ve witnessed firsthand how insurance companies attempt to minimize payments to accident victims, and we’re prepared to fight for every dollar you deserve while providing the personalized attention that sets us apart from larger firms.
Contact Big Joe Law Today
Don’t let a drunk driver’s reckless decision destroy your financial future. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Our commitment to justice and our clients has earned us recognition as top settlement recipients in California, with two of our cases ranking in the top 100 personal injury settlements statewide.
Contact Big Joe Law today at (818) 647-9681 or through our contact form to discuss your drunk driving accident case and learn how we can help you secure the compensation you need to move forward with your life.
