If you were injured in a drunk driving accident in Oakland, you can seek compensation, even if the drunk driver is facing criminal charges. An Oakland car accident lawyer can take on your case and help you file a personal injury claim.
Omega Law Group Accident & Injury Attorneys has been fighting for accident victims since 2016. If you were hit by a drunk driver, a drunk driving accident lawyer in Oakland can help you seek compensation.
How Our Oakland Drunk Driving Accident Lawyers Can Help
If a drunk driving accident has turned your life upside down, the experienced team at Omega Law Group is here to help.
An Oakland personal injury lawyer can:
- Investigate the accident: A lawyer can gather evidence to prove how the auto accident occurred and who is at fault.
- Calculate your losses: A lawyer can make sure your personal injury claim accounts for your medical expenses, lost income, property damage, pain and suffering, and other damages.
- Negotiate with insurance companies: A lawyer can handle all communication with insurance companies and work to negotiate a fair settlement.
- Represent you in court: If the insurance company refuses to offer a reasonable settlement, a lawyer can take your case to trial and fight for you in court.
Types of Compensation You Could Recover
Typically, compensation in auto accident cases covers a range of economic and non-economic damages, including:
- Medical bills
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In circumstances where the at-fault party demonstrated especially reckless behavior or egregious negligence, punitive damages may also be awarded as a means of holding them accountable.
What Is the Statute of Limitations for a Drunk Driving Accident Lawsuit in CA?
According to CCP § 335.1, the deadline to file a personal injury lawsuit for a drunk driving crash is typically two years from the date of the accident. If you do not file a lawsuit within this window, you may lose your ability to pursue compensation through the courts.
If the car accident was fatal, you typically have two years from the date of the victim’s death to bring a wrongful death lawsuit. If you intend to sue for property damage, you generally have three years from the date of the crash to do so.
Different deadlines can apply in different circumstances, which is why it’s advisable to work with an Oakland drunk driving accident lawyer.
How Do You Prove Liability?
To recover compensation in a drunk driving accident claim, you generally need to establish that the other driver’s conduct caused the crash and your injuries.
Useful types of evidence typically include:
- The police report
- Results of a breath or blood test
- Field sobriety test results
- The driver’s statements
- Witness testimony
- Photographs and video from the accident scene
- Traffic-camera or surveillance footage
- Vehicle damage and accident reconstruction evidence
- Medical records documenting your injuries
- Testimony from collision reconstruction or medical experts
What if I Was Partially At Fault?
California follows a pure comparative negligence system, meaning you can recover damages for a crash as long as you are not 100% at fault for it. However, if you share fault, your compensation will be reduced by your percentage of responsibility.
For example, if you suffered $250,000 in damages but were found to be 20% responsible for the accident, your recovery would be reduced to $200,000.
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How Long Does a Drunk Driver Lawsuit Take?
There is no fixed timeline for a car accident lawsuit. Some cases settle within a few months, while others take upwards of a year.
Several factors will affect your personal injury case’s timeline, including:
- The severity of your injuries
- Whether you have reached maximum medical improvement
- The amount of evidence available
- Whether the other driver disputes liability
- The insurance coverage available
- The amount of compensation you are seeking
- Whether negotiations result in a settlement
- Whether the case proceeds to trial
Common Injuries in Drunk Driving Accidents
Drunk drivers’ unpredictable driving can result in high-impact collisions that cause severe injuries. Common auto accident injuries include:
- Whiplash and other neck injuries
- Back and spinal cord injuries
- Traumatic brain injuries
- Broken or fractured bones
- Internal injuries and bleeding
- Cuts and lacerations
- Burns
- Shoulder and knee injuries
- Nerve damage
- Amputations
What to Do After a Drunk Driving Accident in Oakland
The steps you take immediately after a car accident can affect both your recovery and your legal claim. After a drunk driving accident, make sure to:
- Call 911: Report the motor vehicle accident and request emergency medical assistance if anyone is injured.
- Document the scene: If you can do so safely, photograph the vehicles, roadway, and traffic signs, as well as any visible injuries.
- Exchange information: Obtain the other driver’s name, contact information, driver’s license information, and insurance details.
- Get witness information: Ask witnesses for their contact information in case they later need to provide statements.
- Get medical treatment: Allow medical professionals to evaluate you, even if your injuries seem minor.
- Avoid admitting fault: Do not speculate about what caused the collision when speaking with the other driver or their insurance company.
- Keep your records: Save medical bills, repair estimates, prescriptions, and other documentation related to the accident.
- Notify your insurer: Report the auto accident as required by your auto insurance policy, but don’t discuss fault or provide a recorded statement.
- Speak with a lawyer: Our drunk driving accident attorneys in Oakland can review the circumstances of the crash and assist with your personal injury claim.
Contact Omega Law Group About Your Oakland Drunk Driving Accident Injury Case
If a drunk driving accident disrupts your life in Oakland, you have legal options. An Oakland drunk driving accident attorney from Omega Law Group can investigate the crash, negotiate with the insurance company, and fight for the compensation you need to move forward.
Schedule a free case evaluation to find out how you can pursue justice.
