Charles E. Boyk Law Offices, LLC
Car accidents frequently cause severe injuries, as vehicles commonly travel at high speeds. In some cases, motorists operate their vehicles while under the influence of alcohol and their carelessness may result in significant or fatal injuries. Someone who has been injured in consequence of a negligent intoxicated driver may wish to contact an adept Fremont drunk driver car accident lawyer.
A compassionate attorney could help a person who was harmed by a drunk driver file a negligence claim and possibly fight to receive fair compensation for injuries incurred in the collision. While compensation could assist in paying for medical treatment, it may also help hold a drunk driver accountable for their dangerous actions.
A car accident case caused by a drunk driver is generally different from other car wreck cases, because, in a typical auto accident case, the person may be suing the other side for negligent behavior. In a drunk driving case, the person could sue for punitive damages. Typical damages, such as lost wages, medical bills, and pain and suffering, are called compensatory damages. These are frequently used to compensate an individual for their injuries. With punitive damages, someone may argue that another party was reckless and that those actions led to injuries. Those would generally be damages in addition to compensatory damages used to penalize. Typically, a drunk driving situation could give substantial bargaining leverage to settle the case or possibly result in a larger amount of compensatory damages than a regular negligence case.
Some common fact patterns associated with drunk driving accidents in Fremont are that accidents typically occur later in the evening or in the early morning hours for the reason that most drunk driving happens later in the day or early in the morning. Due to this, there is going to be more situations where the driver is speeding, running red lights, running stop signs, losing control of a vehicle, and hitting guardrails and telephone poles.
When an injured person files a claim against a drunk driver but also was intoxicated and operating their vehicle at the time of the accident, the distribution of fault could be impacted. Typically, the drunk driver who the claim is filed against may be the party that ran the red light, did not stop at the stop sign, failed to yield, or was speeding. However, in situations where the drunk driver’s actions did not directly cause the collision, the fact they were intoxicated could still negatively influence their case. An opposing attorney could argue both parties contributed to the accident through their alleged decision to drive while intoxicated. This is also referred to as comparative negligence. In such an accident, an injured person may still receive compensation but the percentage could be reduced. A person may also want to consider that they could incur a DUI charge in addition to their injuries under those circumstances.
With someone is injured in a crash, it is important to consult an experienced Fremont drunk driver car accident lawyer. They could help demonstrate how the negligent actions of another party may have resulted in the collision.
If the injured driver could be found at least partially responsible for the accident, negligence could get pursued in the event that the majority of the fault belongs to a drunk driver. Fremont is located in a comparative negligence state. This means that a person may generally only recover damages if they can show that the other side is at least 51 percent at fault. For example, if a person could show that the other side was 60 percent at fault and the damages were $1,000, they could collect 60 percent of $1,000.
How involved the injured party could be during the legal process after a car accident by a drunk driver may depend on the prosecutor’s office and the police. Typically, the decision to press charges against the drunk driver is made by the police and the prosecutor’s office. The person injured by the drunk driver may be asked to be a witness in both traffic and criminal cases or a witness in the civil lawsuit that may be filed. The prosecutor’s office and the police generally have the discretion to determine how much involvement an injured party might have during the legal process following an accident.
When a person suffers injuries as the result of an intoxicated driver, they may benefit from speaking with a Fremont drunk driver car accident lawyer. A resourceful injury attorney could help fight for fair treatment during an investigation and work to establish the negligence of another party. If you have been injured in a wreck that was caused by a drunk driver, call today and schedule an appointment to discuss your case.