Orange County Drunk Driving Accident Lawyer

Drivers impaired by alcohol or drugs are a leading cause of traffic accident fatalities throughout California each year. Data from the California Office of Traffic Safety shows that there were 1,159 total alcohol-impaired driving fatalities and more than 28,000 injuries during the most recent reporting year of data on file.

At DiMarco | Araujo | Montevideo, we are here to help if you need an Orange County drunk driving accident attorney by your side. If you or somebody you love has been injured due to the actions of an impaired driver, we want to make sure that you recover the compensation you are entitled to. Our Orange County car accident attorneys will not hesitate to stand up to aggressive insurance carriers or at-fault parties.

Why Choose DiMarco | Araujo | Montevideo

• At DiMarco | Araujo | Montevideo, our team has a track record of success. For more than 30 years, we have helped injury victims throughout California recover compensation for their losses.
• We understand the devastation that drunk drivers can cause, which is why we focus solely on our clients as we work to recover the compensation they need.
• Our team handles Orange County drunk driving accident cases on a contingency fee basis. This means that clients will not have to pay any legal fees until we recover compensation for their claim.

How Will an Accident Attorney Help With My Claim?

Drunk driving accident claims can be challenging, particularly when it comes to recovering full compensation. A lawyer will use their resources to conduct a complete investigation into the impaired driving incident. This includes speaking to eyewitnesses, obtaining police reports, obtaining the driver’s blood alcohol test results, and examining video surveillance and photographs from the scene.

Additionally, a personal injury lawyer in Orange County will handle all communication and negotiations with insurance carriers or legal teams involved. If necessary, a lawyer will fully prepare the claim for trial in front of a jury.

How Much Does a Drunk Driving Accident Lawyer Cost?

At DiMarco | Araujo | Montevideo, we proudly handle drunk driving accident claims in Orange County on a contingency fee basis. This means that crash victims do not have to pay any upfront or ongoing costs related to their claims, and they will not pay us any legal fees until after we successfully recover compensation for their losses. In the event we do not win, clients are required to pay us absolutely nothing.

We firmly believe that this type of fee arrangement allows individuals to hold at-fault parties responsible for causing them harm, regardless of their current financial status. This is fair, and we want to help.

Compensation Available For Injuries After a Drunk Driving Accident

During the latest reporting year in California (2021), more than 28,000 individuals sustained alcohol-related crash injuries (California Office of Traffic Safety). Individuals harmed due to the negligent actions of a drunk driver in Orange County may be able to recover various types of compensation for their losses. Our attorneys work diligently to help clients recover coverage of economic and non-economic damages they sustain as a result of the incident.

Economic Damages.

These types of losses, often referred to as special damages, revolve around calculable expenses a drunk driving accident victim will likely incur after the incident. Our team can analyze receipts, invoices, bills, and other proof of loss to help adequately calculate the following:

• Initial and emergency medical expenses
• Follow-up doctor or hospital visits
• Rehabilitation or physical therapy
• Medical devices and medications
• Lost income if a victim is unable to work
• Loss of future earning potential in case of a disability
• Property damage expenses
• Out-of-pocket expenses are rising due to the incident

Non-Economic Damages

Also referred to as general damages, non-economic damages are slightly different and more incalculable than the economic damages just mentioned. These types of losses revolve around a drunk driving accident victim’s physical and emotional pain and suffering and any loss of quality of life resulting from the crash. There are various accepted methods for calculating non-economic damages, and they are incredibly important for a drunk driving accident claim.

How Much Compensation is Available?

There is no specific amount of competition paid to Orange County drunk driving accident victims. Rather, several factors could influence how much money a person receives if their claim is successful. The main factors that influence compensation amounts include the severity of the injuries and how much medical care a person will need. The overall length of their recovery will play a role in the compensation needed.

Other factors that can affect compensation amounts include the overall dollar value of an insurance policy or the total asset situation of the at-fault party. Incidents of shared fault can also affect total compensation payouts.

Your attorney may be able to give you a ballpark estimate about how much to expect for your drunk driving accident claim, but these cases can be unpredictable. Any estimate should be considered just that, an estimate.

How Long Do You Have to File a Drunk Driving Accident Claim?

Drunk driving accident victims in Orange County should file their claim against the alleged negligent party as promptly as possible. The personal injury statute of limitations for California specifies that injury claims get filed within two years from the date the incident occurs, with a few exceptions. Usually, failing to file a lawsuit within this two-year time frame likely results in the injury victim becoming unable to recover any compensation for their losses.

In addition to the statutory personal injury filing time frame, the insurance carriers involved will likely have their own internal reporting deadlines. Failing to promptly file an insurance claim after a drunk driving accident could result in a claim delay or even a claim denial.

Proving Negligence After a Drunk Driving Accident Happens

Proving negligence after a drunk driving accident is crucial for a successful personal injury claim. To establish negligence, the following elements must be present:

• Duty of Care. The first step is to show that the driver had a legal duty to operate (drive) their vehicle safely and responsibly. Every driver owes a duty of care to others on or around the roadway.
• Breach of Duty. Next, it must be proven that the driver breached this duty by driving under the influence of alcohol. Evidence such as police accident reports, witness statements, and breathalyzer or blood test results can be used to demonstrate that the driver was intoxicated at the time of the accident.
• Causation. It is not enough to show that the driver was drunk; you must also prove that their intoxication directly caused the accident and your injuries. This can involve reconstructing the accident scene, using expert testimony, and reviewing surveillance footage if available.
• Damages. Finally, you must demonstrate that you suffered actual monetary damages as a result of the accident. This includes medical expenses, lost wages, and property damage, and can also include physical, emotional, and psychological pain and suffering. 

Proving negligence in a drunk driving accident case often involves a thorough investigation and the collection of substantial evidence. Working with an experienced attorney can significantly enhance your ability to build a strong case.

Steps to Take After a Drunk Driving Accident in Orange County

If you are involved in a drunk driving accident in Orange County, the following steps can be crucial to your safety as well as your legal rights and ability to recover compensation after the incident:

1. Prioritize safety. Move to a safe location away from traffic, if possible, without leaving the scene.
2. Check for injuries. Assess yourself and others for injuries. Avoid moving anyone severely injured unless there’s an immediate danger.
3. Call 911. Report the accident to the police immediately. Mention any suspicion of drunk driving.
4. Gather evidence. If safe, take photos of the accident scene, including vehicle positions, damage, and any visible injuries. Capture images of skid marks, road conditions, and nearby street signs.
5. Witness information. Collect contact details of witnesses. Their accounts can be invaluable, but make sure to get the information you need from them right away before they leave the scene.
6. Exchange information. Politely obtain the other driver’s details, including name, contact, insurance, and vehicle registration. Do not discuss fault. In the event the scene is unsafe or if other parties involved become hostile, let law enforcement officials get the information needed.
7. Seek medical attention. Even if you feel fine, visit a healthcare provider for a thorough check-up. Some injuries manifest later. Seeking prompt medical care helps establish a strong link between any injuries sustained and the incident, something insurance carriers will notice.
8. Document everything. Keep a detailed record of your injuries, medical appointments, and any symptoms or pain you experience.
9. Avoid social media. Refrain from discussing the accident on social media platforms. Your posts could be used against you. Even something as simple as posting about going to the grocery store or the bank could jeopardize a claim.
10. Contact your insurance. Inform your insurance company about the accident, but be cautious about the details you provide. You do not need to give much information when you make your initial report. Refer any questions from the insurance carrier to your attorney.
11. Consult a specialized attorney. Consider consulting an attorney experienced in DUI accidents in Orange County for legal advice, especially if injuries or significant damages are involved.
12. Follow legal advice. If you hire an attorney, follow their guidance on handling insurance claims and any legal proceedings. Individuals often end up jeopardizing their claim if they fail to listen to their personal injury lawyer about communicating with other parties.
13. Attend required appointments. Show up for all medical, legal, and insurance-related appointments. Anytime a person misses scheduled appointments related to their claim, it increases the likelihood the insurance carrier will deny payment.
14. Monitor your health. Keep track of your physical and mental health post-accident. Some symptoms might develop or persist.
15. Stay informed. Keep abreast of the ongoing investigation and legal processes, if any. Keep an open line of communication with your drunk driving accident lawyer so that you know what to expect moving forward.

How Will a Criminal Case Against a Driver Affect the Accident Claim?

A criminal case against a drunk driver can significantly impact your personal injury claim. Here are several ways a criminal case can affect your civil lawsuit:

• Use of Criminal Conviction as Evidence. A criminal conviction for drunk driving can be powerful evidence in your personal injury claim. If the driver is convicted of driving under the influence (DUI), this conviction can be used to establish negligence per se. This legal doctrine means that the driver’s violation of the law is automatically considered negligent, simplifying your burden of proof in the civil case.
• Timing and Proceedings. The criminal case will typically proceed independently of the civil case. However, the outcome of the criminal trial can influence the settlement negotiations in your personal injury claim. If the driver is convicted, their insurer may be more willing to settle the case to avoid the additional costs and uncertainty of a civil trial.
• Testimony and Evidence. Testimonies and evidence presented in the criminal case can be used in the civil case. For instance, statements made by the driver, witnesses, and experts during the criminal trial can provide valuable information for your personal injury claim. Additionally, police reports and forensic evidence collected during the criminal investigation can bolster your case.

What If the Driver is Found Not Guilty or the Charges are Dropped?

If the drunk driver is found not guilty in the criminal case or if the charges are dropped, it does not necessarily mean that you cannot pursue a personal injury claim. Some ways this situation may get handled include:

• Different Standards of Proof. Criminal cases require proof “beyond a reasonable doubt,” which is a higher standard than the “preponderance of the evidence” standard used in civil cases. This means that even if the driver is not convicted criminally, you can still prove that they were negligent and liable for your injuries in a civil court.
• Independent Evidence. Your personal injury attorney can gather and present independent evidence to support your claim. This can include witness testimony, medical records, accident reconstruction reports, and any other relevant documentation. The absence of a criminal conviction does not negate the possibility of proving negligence through other means.
• Focus on Civil Liability. Civil courts focus on compensating the victim rather than punishing the offender. Therefore, the emphasis will be on demonstrating how the driver’s actions caused your injuries and the extent of your damages. Even without a criminal conviction, if you can show that the driver’s actions more likely than not caused the accident and your injuries, you can still recover compensation.

Will You Have to Go to Court?

You may or may not have to go to court for your drunk driving accident case. First, we want to make sure you understand that there could be two separate types of claims revolving around a drunk driving accident situation. First, there may be a criminal charge against the alleged drunk driver. If you were a victim of a drunk driving accident, you will likely be able to participate in the process of holding the drunk driver accountable. A victim’s advocate will likely reach out to you and help you with that part of the process.

You may also have a civil case against the alleged drunk driver. If you or a loved one sustained an injury, filing a personal injury claim in civil court may be the only way to recover compensation. However, the vast majority of personal injury claims get settled before a trial becomes necessary, which means most people do not go to court for these cases. However, in the event the alleged negligent party or their insurance carrier refuses to offer a fair settlement, a jury trial may be necessary, which would require you to go to court. 

We encourage you to speak to your drunk driving accident attorney in Orange County to gain an understanding of the likely trajectory of your specific case.

Call an Orange County Drunk Driving Accident Attorney Today

If you or somebody you care about has been injured due to the actions of a drunk driver in Orange County, reach out to the team at DAM Firm for help today. We have extensive experience handling complex car accident claims throughout California, and we know what it takes to help recover compensation for your losses.

When you need an Orange County drunk driving accident attorney, you can contact us for a free consultation by clicking here or calling us at (714) 783-2205.