If you’ve been in an auto accident, we understand that you will mostly feel helpless, angry, and possibly even terrified, especially when the at-fault driver in your accident was drunk behind the wheel. When the driver who caused the accident was drunk, he will face criminal charges, but criminal prosecution doesn’t help you when you need to recuperate after injuries, lose monetary wages, and incur the cost of expensive medical bills.
That’s where Sargent Law Firm Injury Lawyers can come in and help. A Temecula car accident lawyer from our law firm will be there for you to help you recover the fair compensation you deserve through a personal injury claim or civil lawsuit. We provide you with a free case consultation so that we can discuss your car accident together. We can listen to your concerns, answer your questions, and provide you with guidance during this difficult time.
Criminal vs. Civil Actions in a Temecula Drunk Driving Accident
While under the influence, a drunk driver can face criminal actions for their negligent driving. These criminal charges include penalties like prison time and fines. Knowing that the negligent driver will face justice, though, does nothing to help compensate accident victims injured in a car crash with them. For you to receive the fair compensation your injuries and losses deserve, we must file a civil action.
We Will Collect Evidence for Your Personal Injury Claim
For a strong personal injury claim, we must collect evidence. One of the most powerful pieces of evidence used in a drunk driving case is the motorist’s blood alcohol content (BAC). This evidence will be collected and recorded during a criminal investigation. However, we can use it during your civil action.
If it is found that during the time of the accident that the negligent driver’s blood alcohol limit was more than the legal limit, then the driver did not take other people’s lives and safety into account, and they failed to be careful on the road.
This is a list of the legal limits for intoxication in California:
- Commercial driver: .04 percent
- Non-commercial drivers over the age of 21: .08 percent
- Drivers under the age of 21: .02 percent
In addition to BAC evidence, we will also collect such evidence as the following:
- Police report: The police report will contain a lot of details we can use when building your case, such as names, contact information, and insurance companies for all parties involved. The report will also give the officer’s assessment of the cause of the accident and whether any citations were issued.
- Medical records: Your medical records will provide information about the nature and severity of your injuries. Your doctor can also provide us with a prognosis of your recovery and how your injuries may affect you in the future.
- Photographic evidence: Pictures of the accident scene and your injuries help establish details in your case.
- Video: Whether from business surveillance or traffic cameras, video can provide information before, during, and after the accident,
- Eyewitness statements: People who witnessed the accident, whether pedestrians or occupants, can corroborate your statements and possibly add more details unknown to you during the accident.
- Financial statements: By reviewing your pay stubs and income, we can understand how the accident has impacted your ability to earn and care for your family.
We may even speak with subject area experts regarding your case, such as accident reconstruction specialists. With their expert testimony, we can provide clarity to complicated issues and validate our position for your personal injury claim.
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Schedule NowPursuing Civil Action in Your Temecula Drunk Driving Accident
If you have been in an accident because of a drunk driver, in order to recover compensation, you have to file a claim with the insurance companies. In these DUI accident cases, you need to provide:
- Duty of care: All drivers have a legal responsibility to follow traffic laws and operate their vehicles safely.
- Breach of duty: The negligent motorist was under the influence of alcohol or drugs. His level of intoxication caused him to be an unsafe motorist and was careless.
- Causation: Due to his condition, his negligence led to your accident, and you suffered injuries as a result.
- Damages: Your injuries have placed a financial, physical, and emotional hardship on you and your family. You have a right to receive compensation to address these hardships.
The evidence we collect must be able to prove these four elements of negligence.
If you have been injured in a drunk driving accident, our drunk driving accident lawyers in Temecula may be able to help. Call Sargent Law Firm Injury Lawyers today. Talk to a member of our legal team and learn more about your legal options during a free case consultation.
Damages You May Recover From Your Temecula Car Accident Claim
There are various types of damages you may recover after a DUI accident. They can include:
- Medical expenses, past and future
- Physical rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
You might be able to recover punitive damages, as well. Courts have the ability to award punitive damages to reprimand someone who has committed something wrong in California. These damages could be available under these circumstances.
If you lost a loved one, we can also help you pursue wrongful death damages for your family’s loss.
It’s free to speak with us and learn the value of your case today.
Call Us NowYou Must File Your Personal Injury Lawsuit Before the Statutory Deadline Expires
Under CCP § 335.1, you generally have two years from the date of the accident to file a personal injury lawsuit. There are exceptions that could extend that deadline, which your personal injury attorney can explain. If you miss this deadline, though, your case could be dismissed by the courts. You will lose any leverage you have for settlement negotiations, and you could be responsible for covering your own losses.
We Will Manage Your Temecula Drunk Driving Accident Case
To receive the financial compensation you and your family deserve, call Sargent Law Firm Injury Lawyers today. We understand what you are going through and are prepared to help. We work on contingency, so you pay nothing unless we win.
Call and receive a free case consultation.