Fresno Drunk Driving
Accident Lawyers

Following a motor vehicle accident, at least one insurance company will likely be calling. Unfortunately, what many people get wrong is assuming that the insurance company wants to help them. Insurance companies are a business, and like other businesses, they want to make a profit. By denying your claim or providing you less money than you deserve, they accomplish this goal. That is why when the insurance adjuster contacts you, they will try to do anything to get you to admit fault or make statements that can hinder your case.

For these reasons, if an insurance adjuster is calling, you need to provide them with only the basic information regarding the accident and let them know that future communication will be through your attorney. Once you retain an experienced drunk driving accident lawyer, they can handle these discussions for you, ensuring you and your case are treated fairly.

Yes. Even if you believe that your injuries are minor, you still need to get examined by a doctor. Critical injuries can often take a few days to show symptoms, such as head or brain injuries. As a result, it is imperative to get checked out by a medical professional as soon as possible.

These doctors can make sure you do not have any of these serious hidden injuries while also providing you the treatments you need. Additionally, they can write down their findings in their medical report. This report is critical if you decide to bring a claim, especially if the other side is trying to argue that you received your injuries in a subsequent event.

Yes. If you were a passenger in a drunk driving accident, you can likely file a lawsuit against the reckless or negligent driver who caused the accident and your injuries. Your options for recovering compensation depend on the circumstances of your case.

However, you may file a claim against one of the following parties:

• Your driver: If the driver you were with was responsible for the car accident. You can proceed with legal actions against them.
• Other drivers: If there was another driver driving under the influence and their intoxicated driving resulted in your injuries. You can go after them for your damages.
• Your auto insurance: If it is applicable, you can file a claim with your uninsured motorist coverage or your med pay.

Speaking with an experienced drunk driving accident attorney can help you determine your legal options and help you proceed with filing a claim for your injuries.

Unfortunately, no lawyer can give you an exact timeline for when your claim will settle. An experienced drunk driving attorney can give you a general idea of how long it may take based on their experience and your specific issues.

But typically, many factors can affect the length of time it can take to settle your claim, including:

• Your medical improvements: Before you proceed with settlement negotiations, you may want to wait until you reach a point where you see maximum medical improvements. Waiting for this point can help you determine the full amount of your medical expenses, future lost wages, and ongoing medical treatment costs. Once you know these figures, your attorney can fight for maximum compensation.
• Disputes with the insurance company: If the drunk driver’s insurance company is unwilling to work with you during the settlement negotiations, this can delay your settlement timeline.
• The severity of your injuries: If your injuries are severe or you have become disabled. The value of your claim will typically be much higher. In these instances, the insurance company may try to take up more time investigating your case and trying harder to reduce or deny your settlement.

If you cannot come to an agreement with the defendant or the insurance company, your case may need to proceed to trial. As a result, drunk driving accident cases can take as long as a few months to over a year to resolve.

A statute of limitations is a law that sets the maximum amount of time you have to initiate legal proceedings from the date of your injury. If you do not file a lawsuit within this allotted time, you cannot recover damages for your injuries. In California, you have two years from the date of the accident to file a lawsuit. However, if you are bringing a claim against a governmental entity, you only have six months to file a notice. Working with The May Firm can help determine whether you have a viable claim and determine precisely how much time you have to file.

In general, do not wait to file a claim. Over time memories of the accident can fade, witnesses can no longer testify, and critical evidence can disappear.

Following a drunk driving accident, you may be entitled to compensation. However, determining how much compensation you can receive depends on the circumstances of your case.

Some factors that go into determining these damages include:

• The severity of your injuries
• Whether the injuries are permanent
• How long it will take for you to recover
• The amount of lost income
• The amount of medical bills
• The types of medical treatments required
• The treatments you will need
• The need for services or assistance that you didn’t require before the accident (such as grocery shopping, house cleaning, or child care services)
• Your ability to work now and in the future
• The reliability of your witnesses
• The credibility of your evidence
• The amount of insurance available

Working with a drunk driving accident attorney can help you figure out which of these factors can impact your claim and then proceed with preparing the best case in response.

In California, a conviction for DUI is sufficient to show that the defendant was negligent per se. This negligence “per se” law indicates that the defendant is presumed negligent if they violated a law or statute and, as a result of this violation, caused an injury. Consequently, even if the liable party avoids jail time for their DUI, they are still negligent.

However, even if you can show negligence per se, it does not mean your case is over. In these instances, the defendant does have a right to introduce specific evidence showing that their impairment did not cause the accident or that your injuries did not result from the accident. That is why it is essential to work with an experienced drunk driving accident attorney who knows what evidence you need to show that the defendant’s intoxication resulted in your accident and your damages.

The main question in a drunk driving accident case is whether the defendant was negligent. According to California law, there needs to be a clear line of causation that connects the driver’s negligence and actions to the accident and injuries you sustained.

That is why if you are bringing a drunk driving accident claim, you need to prove:

• The liable driver owed you a duty of care. All motorists owe a duty to follow the laws of the road and make sure their vehicles do not impede the safety of others.
• The liable driver breached this duty. If the responsible party was driving while intoxicated, your drunk driving accident lawyer can argue that this intoxication constitutes a breach of their duty to not impede your safety.
• This breach resulted in your injuries. Next, your attorney needs to show that the liable driver’s intoxication was the main factor for the accident and your injuries.
• There were damages as a result. Finally, your drunk driving accident lawyer needs to prove you suffered actual damages to your body and your property due to this drunk driving accident.

Typically, if you have been injured by a drunk driver, under California’s laws, this is a breach of duty. However, to make sure you collect damages based on this breach. You need to show that there is a clear line of causation from the liable driver’s impairment to your final injuries. When you retain an experienced drunk driving accident attorney, they can get to work gathering the necessary evidence you need to prove this causation and your damages.

Drunk driving accidents are often complicated, tedious, and stressful. Victims involved in this accident are already going through so much. They should not have to deal with these complex legal proceedings on their own. However, with the help of a dedicated drunk driving accident attorney, they do not have to go through this process alone.

Following a drunk driving accident, The May Firm can help:

• Answer questions and concerns: Our attorneys can go over your case, provide you with the answers you need and the legal options you have.
• Investigate the accident: Our attorneys can promptly get to work investigating the accident, gathering vital evidence, and interviewing relevant witnesses that can help us figure out what happened and who was at fault for your accident.
• Handle the negotiations: Our attorneys can handle all the discussions and negotiations with the other side. This can ensure that your case is treated with respect and that we fight for a settlement amount fair to you.
• Bring in the experts: Our attorneys can bring in the experts, including doctors, accident reconstructionists, economists, and engineers, to help prove what happened and the damages you endured due to the drunk driving accident.

Take your case to trial, if necessary: If the other side is unwilling to negotiate, our attorneys can take your case to trial. Fighting for maximum damages on your behalf.