Were You Injured in a New Year’s Eve Drunk Driving Accident?
If you’re injured in an accident and the other driver was drunk, whether on New Year’s Eve or any other time, you may get some extra legal help you wouldn’t otherwise. Unfortunately, drunk driving accidents are common in Southern California, and we’ve represented many clients in your situation. We will discuss some of the issues that might come in this kind of case.
If you suffered an injury by someone breaking the law by driving while intoxicated, you should be compensated for all you’ve been through. Orange County car accident lawyer Aaron Hicks and the car accident Hicks Law Firm can obtain the injury compensation you deserve.
Negligence and Negligence Per Se
If the other driver is convicted of a crime like driving under the influence of drugs or alcohol (DUI) or of a lesser crime like reckless driving, that should be considered negligence per se in a related civil case. Under California court rules, if a civil jury in your personal injury lawsuit finds the other driver violated a law (like the statute banning driving while intoxicated) and that violation was a substantial factor in causing your harm, the jury must find the defendant was negligent.
Negligence is the legal basis of nearly all personal injury claims. Generally, negligence occurs when a person or organization doesn’t take reasonable care in a situation (they fail to do something, do the wrong thing, or do the right thing incorrectly), which causes you harm. It’s a lack of caution or attention causing an accident or damage.
You, the plaintiff, working with your car accident lawyer, would have the burden of proving the other party, the defendant, was negligent under state law by establishing four elements:
- Duty of care: The defendant had a legal obligation to act in a given way toward you because of the relationship between the two of you (you both traveled on a public road)
- Breach of duty: The defendant didn’t meet that obligation or duty
- Causation: This breach is the direct factual and legal (or proximate) cause of your harm
- Damages: You suffered some legally recognized loss (physical or mental pain, out-of-pocket expenses, or lost earnings)
In a case involving negligence per se, you need not prove these elements if a jury finds the defendant violated the law and it was a substantial reason for causing your harm.
Cooperate With the Police Investigation
If the other driver is convicted of DUI, your case will be simpler and more likely to succeed, so cooperation with the police makes sense.
If the drunk driver struck you and stayed on the scene, work with the officer who arrives and is investigating the accident. If you’re the victim of a hit and run, you call the police, and an officer arrives, answer their questions as best you can. It’s OK if you don’t have the full license plate number. A partial number could be very helpful, along with a description of the vehicle, like the color, type, manufacturer, or model name.
The officer may have follow-up questions and contact you after the accident. If there’s an arrest, you should also be contacted by the prosecutor’s office to let you know what’s going on and possibly ask you to testify at a criminal trial.
Contact Our Office
Call our office as soon as possible after your accident. We can help you put together a comprehensive claim against the other driver’s insurance so you will obtain the highest compensation possible. We will work with the insurance company so you won’t have to. You can focus on recovery, your family, and getting back to work instead of dealing with their tactics, including encouraging you to obtain a quick settlement that’s less than what your claim is worth. If they are unreasonable, your car accident attorney can file a lawsuit and have a jury decide the issues.
A negligence per se case is usually stronger than one that relies just on negligence. The insurance company knows their policyholder is liable for damages, so the only issue remaining is how much they’ll pay to resolve your claim.
You Can Trust Orange County Car Accident Attorney Aaron Hicks
You can hold the drunk driver who caused your accident accountable. If the one who hit your vehicle is convicted of a crime, it will simplify your insurance claim and lawsuit if one’s filed. The Hicks Law Firm has helped many people like you get the compensation they deserve after an accident with a drunk driver.
We help our Orange County clients regain their lives by obtaining the most compensation for their injuries. The car accident Hicks Law Firm can enable you to pay your bills, return to work, and recover from your injuries. Call us at (949) 541-9944 or complete our online contact form so we may discuss your case.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
