San Bernardino Drunk Driving Accident Attorney

We Fight to Recover the Compensation You Deserve

Drunk drivers put everyone on the road at risk. They endanger the lives of innocent people, including themselves, their passengers, and other drivers. Drunk driving accidents are preventable, and they are a tragedy that can and should be prevented.

If you have been involved in an accident with a drunk driver, you have the right to seek compensation for the harm you have suffered. At Scott J. Corwin, A Professional Law Corporation, our San Bernardino drunk driving accident lawyer is committed to helping you recover the compensation you need to recover from your injuries and move on with your life.

We know how difficult it can be to seek compensation after an accident. You may be dealing with serious injuries, mounting medical bills, and a loss of income.

Contact us online or call (310) 683-2300 to speak with our San Bernardino drunk driving accident attorney.

Who Is at Fault in an Accident Involving a Drunk Driver?

In many cases, both drivers are at fault for an accident involving a drunk driver. The driver who caused the accident is typically at fault, but the other driver may also share some of the blame due to their own negligence.

In California, a driver is considered to be at fault if they:

• Committed a traffic violation
• Were negligent in some other way
• Were driving while intoxicated

If the driver who caused the accident was intoxicated, they are almost always considered to be at fault. However, the other driver may also share some of the blame if they were also negligent in some way.

Who Is Liable for a Drunk Driving Accident?

The driver who was driving while intoxicated is almost always liable for an accident involving a drunk driver. However, in California, the at-fault driver's insurance company can turn to the other driver's insurance company if the at-fault driver does not have enough insurance to cover the damages.

The insurance company will often argue that the other driver was also negligent in some way. They may argue that the other driver was speeding, ran a red light, or failed to yield the right of way. They may also argue that the other driver was following too closely or was distracted by their cell phone. In many cases, the insurance company will argue that the other driver was 100% at fault for the accident.

If the insurance company argues that the other driver was 100% at fault, the at-fault driver's insurance company may not have to pay the claim. However, the at-fault driver's insurance company may still be required to pay something toward the claim. They may also be required to pay the claim in full if the other driver was 100% at fault.

Differences Between Drunk Driving Accident Claims and Dui Cases

In California, like in other states, laws are in place to prohibit individuals from operating a motor vehicle while impaired, intoxicated, or under the influence of alcohol and/or drugs, whether legal or illicit. Those who are convicted of violating these laws face severe criminal and administrative penalties, including imprisonment, license revocation, and substantial fines. The purpose of these penalties is two-fold: to punish the offender for driving under the influence and to discourage both the individual and others from engaging in drunk driving in the future.

However, while these penalties focus on the criminal aspect, they do little to address the needs of the victims who have been injured or have lost loved ones in drunk driving accidents. These victims often encounter significant physical, emotional, and financial hardships as a result of the incident. They may experience life-altering disabilities, substantial trauma, exorbitant medical expenses, and months or even years of lost income. The objective of pursuing a drunk driving accident claim is to seek compensation for these losses and related damages.

Drunk driving accident claims are civil cases that are entirely separate from criminal DUI proceedings. While the outcome of a DUI case does not necessarily dictate the outcome of a personal injury or wrongful death lawsuit, a DUI conviction can serve as valuable evidence in your civil case. If the driver is found guilty of driving under the influence of alcohol or drugs, it can help establish their negligence and, subsequently, their liability for the damages you have suffered.

What Damages Are Covered in an Average Settlement for a Drunk Driving Accident?

The specific details of your case will determine the damages for which you may be able to seek compensation. Potential recoverable damages in a drunk driving accident claim may include:

Medical expenses: This encompasses past and future medical costs, including treatments, surgeries, medications, rehabilitation, and necessary ongoing care.

Lost income/wages: You may be entitled to compensation for the wages and income you have lost due to the accident. This includes both the immediate impact and potential future earning capacity that has been diminished.

Loss of enjoyment of life: If the accident has significantly impacted your quality of life, preventing you from participating in activities you once enjoyed, you may be eligible for compensation.

Pain and suffering: Compensation may be sought for the physical and emotional pain, suffering, and mental anguish caused by the accident and subsequent injuries.

In-home assistance and care: If the injuries require in-home assistance or ongoing care, the associated costs may be included in the claim.

Miscellaneous out-of-pocket expenses: This includes any other relevant expenses incurred as a result of the accident, such as transportation costs, home modifications, or necessary medical equipment.

In certain cases, it may be possible to pursue punitive damages, also known as exemplary damages. Unlike compensatory damages that aim to cover specific losses, punitive damages are intended to punish the defendant for gross negligence, intentional misconduct, or wrongdoing.

Obtain the Dedicated Representation You Deserve

When you've been involved in an accident that involves alcohol in San Bernardino, it's crucial to have a legal team that is committed to protecting your rights and pursuing the compensation you deserve. At Scott J. Corwin, A Professional Law Corporation, we offer the dedicated representation you need during this challenging time.

Contact us online or call (310) 683-2300 to discuss your case with our San Bernardino drunk driving accident lawyer.