Phillips Personal Injury: Sacramento Drunk Driver Victim Lawyer
If you or a loved one has been a victim of a DUI (Driving Under the Influence) accident in Sacramento, the aftermath can be overwhelming. From serious injuries to emotional trauma and financial strain, the impact is often profound. In such situations, a Sacramento DUI victim lawyer can be an invaluable ally, guiding you through the legal process and helping you secure the compensation you deserve.
Understanding DUI Accidents and Your Rights
DUI accidents occur when a driver operates a vehicle under the influence of alcohol or drugs, impairing their ability to drive safely. In California, DUI is a serious criminal offense. Victims of DUI accidents have the right to seek compensation through civil litigation, even as the at-fault driver faces criminal charges. Compensation can cover medical expenses, lost wages, pain and suffering, and more.
The Role of a Sacramento DUI Accident Lawyer
A Sacramento DUI victim lawyer specializes in representing individuals injured in DUI accidents. Their expertise includes:
Legal Assessment and Consultation:
Your lawyer will review the details of your case, including police reports, medical records, and witness statements, providing an initial consultation to discuss your legal options and the potential value of your claim.
Investigation and Evidence Gathering:
A thorough investigation is crucial. Your lawyer will gather evidence, such as accident reports, toxicology results, and expert testimony, to build a strong case demonstrating the other driver’s negligence.
Negotiation with Insurance Companies:
Insurance companies may try to minimize payouts. A skilled lawyer will handle all communications, advocating for fair compensation for your medical expenses, lost wages, and other damages.
Litigation and Court Representation:
If a fair settlement cannot be reached, your lawyer will file a lawsuit on your behalf, represent you in court, and advocate for your rights throughout the legal process.
Benefits of Hiring a Sacramento DUI Victim Lawyer
Expertise and Experience:
DUI victim lawyers have specialized knowledge and experience in handling cases involving impaired driving accidents, ensuring competent legal representation.
Maximizing Compensation:
Your lawyer will work diligently to maximize your compensation, considering all aspects of your damages, including future medical costs and emotional trauma.
Navigating Legal Complexities:
DUI cases can be legally complex. A DUI victim lawyer has the resources and expertise to navigate these challenges and pursue justice on your behalf.
Peace of Mind:
By hiring a lawyer, you can focus on your recovery while they handle the legal aspects of your case, providing reassurance and support throughout the process.
Conclusion
A DUI accident can have devastating consequences, but with the help of a skilled Sacramento DUI victim lawyer, you can pursue justice and secure the compensation you deserve. Don’t face the aftermath of a DUI accident alone—seek the guidance of a dedicated lawyer to ensure your rights are protected and your future is secured.
At the Phillips Personal Injury we’re on your side and we treat our clients like family, not claim numbers. We are experienced and knowledgeable in fighting for our clients injured in car crashes in helping them obtain full and fair compensation for their injury. We offer free consultations, so its costs you nothing to learn what your rights and options are. Call us today.
Don’t Rely On Insurance Companies To Do The Right Thing...
Unfortunately, oftentimes when victims are injured by drunk drivers it is difficult to obtain full and fair compensation for their injuries, both present and future. However, we have the experience it takes to navigate complex insurance issues in Sacramento County drunk driving accidents.
Lets be real, insurance companies are not on your side. The less money they hand you, the more money they make. If an adjuster betrays your trust, if they “low ball” a settlement offer to you, if they try and minimize your injury, they don't get reprimanded. They get rewarded…
No matter what the commercials say, and no matter how friendly the adjuster on the phone may appear, it is their job to shortchange you. I've never met an adjuster or insurance defense lawyer who wears a white apron and a name tag. There is no such device as a "name your price tool." Their real tools are weapons: databases, delay tactics, distortions & confusion.
It is not uncommon that a drunk driver does not have any car insurance because of a suspended license and prior DUIs. In California, drivers are required to have a minimum amount of liability coverage. This includes $15,000 per person and $30,000 per accident coverage. Even if the DUI driver even has liability insurance this minimal amount is insufficient. Hopefully, the DUI victim has uninsured or under-insured insurance coverage (UIM /UM coverage) However, just because you are covered by your own insurance does not mean your insurance company will be willing to pay you for the full extent of your damages. At Phillips Personal Injury, we can help with all your insurance coverage issues stemming from the DUI accident, so your are fully and fairly compensated for your injuries.
It is important to remember that insurance adjusters will contact the injured party as soon as possible after an accident. They will present themselves as a friend of the injured person or family. However, their ultimate goal is to settle the case for the least amount possible, before the injured party learns of their rights by speaking to a Sacramento County drunk driving accident lawyer. Unfortunately, for some insurance companies their approach is "low-ball” legitimate claims to maximize their profits. That is why it is always a good idea to speak with a Sacramento County drunk driving injury attorney before agreeing to be interviewed or providing any medical and private information. We do not charge for initial consultations and are happy to chat and answer any questions you may have.
Marcy's Law in California for DUI Victims
Marcy's Law, officially known as the Victims' Bill of Rights Act of 2008, provides critical protections and rights for victims of crimes, including DUI (Driving Under the Influence) victims, in California. Named after Marsy Nicholas, a California college student who was stalked and killed by her ex-boyfriend in 1983, the law aims to ensure that crime victims are treated with dignity, respect, and fairness throughout the criminal justice process.
For DUI victims, Marcy's Law offers several key rights:
Notification and Participation:
Victims have the right to be informed of all court proceedings and developments in their case. This includes notifications of the accused's arrest, release, and any upcoming hearings or trials.
Protection:
The law provides victims the right to be reasonably protected from the accused and any potential threats or harassment arising from their involvement in the case.
Restitution:
DUI victims are entitled to seek restitution from the offender for losses resulting from the crime. This includes compensation for medical expenses, lost wages, property damage, and other related costs.
Victim Impact Statements:
Victims have the right to provide input during sentencing and other crucial phases of the criminal justice process. They can deliver impact statements detailing how the DUI incident has affected their lives.
Marcy's Law empowers DUI victims in California to be active participants in the justice process, ensuring their voices are heard and their rights upheld.
Questions? Just Give Us a Call…
Injured by a Sacramento DUI Driver: Damages and What You Need To Know
Nearly 1 out of every 3 traffic fatalities in the U.S. involve a driver under the influence of alcohol. However, increasingly, impaired driver accidents are not limited to alcohol. More drivers are getting behind the wheel under the influence of marijuana, prescription painkillers, illegal narcotics, or a combination of drugs and alcohol.
Drivers under the influence are more likely to be involved in an accident than sober drivers. Drugs and alcohol can slow down a driver’s reaction time, impair judgment, alter motor function, and impair the driver’s sense of depth perception. This can lead to speeding, driving the wrong way, crossing over the center median, failing to abide by traffic signals, and other forms of reckless driving.
A vehicle accident, caused by a Sacramento County impaired driver is different than any other type of vehicle accident because drunk driving is against the law. So, there is almost always a criminal prosecution against the DUI driver. But many people don’t realize that the prosecutor represents the state and not the victim. The victim of a drunk driver needs to file a civil claim if they hope to obtain full and fair compensation for their injuries.
A civil suit for injury caused by a drunk driver is separate - and distinct from any criminal charges a drunk driver may face for the Sacramento County DUI. Criminal charges, filed by the district attorney, are designed to punish the drunk driver for acting in a reckless manner and to protect the public at large. However, a civil claim or lawsuit based on the injury caused by the DUI driver is filed by the victim of a drunk driver, or in the case of a fatality, filed by the victim’s family, to recover personal damages. The injured person may recover the costs of past and future medical treatment, past and future lost wages, and cost of any damaged property. Civil suits also offer the opportunity to recover non-economic damages, (what is commonly called "pain and suffering") which cannot be recovered in a criminal prosecution.
Most often these two cases will proceed side-by-side, so unlike some injury lawyers, we help our clients navigate both the criminal prosecution and civil injury claim. Questions? Just give us a call, we are more than glad to answer any questions you may have about a Sacramento County drunk driving accident.
Sacramento Drunk Driving Wrongful Death
Before saying anything else, we want you to know that our hearts go out to you and your entire family in the midst of this profoundly painful and distressing situation. We can imagine that you are experiencing a wide range of conflicting emotions right now. We want you to know that we care deeply about your situation and are here to help you in any way we can.
Losing a loved one in a drunk driving accident is a heart-wrenching experience that leaves families devastated and seeking justice. In Sacramento, families who have lost a loved one due to the reckless actions of a drunk driver have the right to pursue a wrongful death claim to hold the responsible parties accountable and seek compensation for their immense loss.
Understanding Wrongful Death Claims
A wrongful death claim arises when a person’s death is caused by the negligent, reckless, or intentional actions of another. In the context of drunk driving, the intoxicated driver’s decision to operate a vehicle under the influence directly leads to the fatal accident, making them liable for the resulting death.
The Role of a Sacramento Wrongful Death Lawyer
A Sacramento wrongful death lawyer specializes in cases where families seek justice for the loss of a loved one due to someone else's negligence. They provide invaluable support and legal expertise in the following ways:
Case Evaluation:
The lawyer will evaluate the circumstances of the accident, gathering evidence such as police reports, witness statements, and toxicology results to build a strong case.
Filing a Claim:
The lawyer will file a wrongful death claim on behalf of the family, seeking compensation for medical expenses, funeral costs, lost income, loss of companionship, and pain and suffering.
Negotiation and Litigation:
They will negotiate with insurance companies and, if necessary, represent the family in court to ensure fair compensation is awarded.
Seeking Justice and Compensation
While no amount of money can replace a lost loved one, a wrongful death claim can provide financial support and a sense of justice for grieving families. A Sacramento wrongful death lawyer will fight to hold the drunk driver accountable and secure the compensation needed to alleviate some of the financial burdens during this difficult time.
Sacramento Drunk Driving Accident Lawyer FAQ’s
Phillips Law Offices answers some of the most frequently-asked questions about injury accidents and claims. We hope this information will give you an idea as to how to move forward with your matter. The legal issues surrounding personal injury cases may at times seem overly complicated, and even overwhelming at times. There is no need to feel that way, we’re here to help. Explore the answers to the questions you may have or just give us a call. Since every case has unique facts and circumstances, we’d be glad to discuss the specific details of your case and any specific questions you have. We invite you to give us a call at 530-265-0186 for a no-charge consultation.
Who Can Be Held Responsible for Sacramento DUI Crashes?
In California, multiple parties can be held responsible for DUI (Driving Under the Influence) crashes, depending on the circumstances surrounding the incident. Identifying all liable parties is crucial for victims seeking compensation for their injuries and damages.
The DUI Driver
The primary individual responsible for a DUI crash is the intoxicated driver. California law holds drivers criminally and civilly liable for operating a vehicle under the influence of alcohol or drugs. Victims can file personal injury claims against the DUI driver to recover damages for medical expenses, lost wages, pain and suffering, and property damage.
Vehicle Owners
If the DUI driver does not own the vehicle they were driving, the vehicle owner might also be held liable under certain conditions. This is particularly relevant if the owner knowingly allowed an impaired driver to use their vehicle or if the driver was performing tasks related to the owner’s business at the time of the crash.
Establishments Serving Alcohol
California's "dram shop" laws impose limited liability on establishments that serve alcohol. While these laws are not as stringent as in some other states, they hold bars, restaurants, and other establishments potentially liable if they serve alcohol to an obviously intoxicated person or a minor who then causes a DUI accident.
Employers
Employers can be held responsible if the DUI crash occurred during the scope of the driver's employment. This can include company events where alcohol was served or situations where the driver was performing work-related duties at the time of the incident.
Social Hosts
In some cases, social hosts who provide alcohol at private events can be held liable if they knowingly serve alcohol to a minor who then causes a DUI crash.
Identifying all responsible parties is crucial for ensuring that DUI crash victims in California receive full compensation for their injuries and losses. A skilled DUI victim lawyer can thoroughly investigate the circumstances of the crash and hold all liable parties accountable.