Average Settlement for a Drunk Driving Accident in California

Finding yourself in the aftermath of a drunk driving accident in California can be a life-changing experience. These events can lead to devastating injuries, extensive property damage, emotional distress, and even the loss of life. If you or someone you love has suffered due to the negligence of another driver on the roadway, you might be wondering about the average settlement for a drunk driving accident in California.

The reality is that there is no perfect way to assign a value to a drunk driving settlement. The amount can vary depending on several factors of the drunk driving accident. However, a skilled drunk driving accident attorney can review the details of your claim and help you determine a reasonable estimated amount of compensation you can pursue.

Steps to Take After a California Drunk Driving Accident to Increase Claim Value

After suffering an accident due to drunk driving, the last thing that might be on your mind is the possibility of a future claim. However, there are steps you can take that not only help increase your claim’s value but also protect your health and legal rights. These steps include the following:

• Dial 911: If you are physically capable of doing so, move to a safe location and contact the police and any medical help if anyone involved in the accident is injured. Communicate to the police who the drunk driver is, as they can conduct a field sobriety test and arrest the impaired driver if they are not injured. Law enforcement can also write an accident report that will detail the accident and be crucial to your claim.
• Document the Scene of the Accident: If you are not directly taken to the hospital, it is prudent to document the scene via photographs and videos. You should document your own personal injuries, any injuries suffered by other passengers in your vehicle, the positioning of the vehicles following the accident, any property damage to your car or the surrounding area, roadway conditions, any posted signage, and any tire skid marks.
• Gather Contact Information: Make sure that you gather and exchange contact information and insurance information with the other driver or any other party involved in the accident. You should also get the contact information of any eyewitnesses. However, keep in mind not to discuss the accident itself or admit any fault on your part.
• Seek Medical Treatment: If you have suffered obvious injuries, it is recommended that you see a medical professional immediately. Even if you are not feeling injured or in pain, it is wise to visit your doctor following an accident in case you are suffering from any internal injuries or have any delayed symptoms. Additionally, medical records will be beneficial for the outcome of your claim.
• Contact Your Insurance: You will want to inform your insurance company about the accident. They will help you understand your options under your coverage and ask for any information like the police report or the other driver’s insurance.
• Keep Detailed Records: Keep track of all your records and documents related to the accident. This can include things like medical bills, any correspondence with insurance companies, and repair costs for property damage.
• Speak to an Attorney: An experienced and skilled personal injury lawyer can help you with every aspect of your claim, ensuring that your rights are advocated for and protected.
• Avoid Quick Settlements: It is not often wise to accept the first settlement offered by the insurance company. Instead, let your attorney handle all negotiations so maximum compensation can be pursued.

Factors That Influence the Value of a Drunk Driving Claim

While reviewing the details of your case, an attorney will take several factors into consideration when deciding on the correct amount of compensation to seek. These factors may include:

• Severity of Injuries: The more severe the injuries sustained in the accident, the higher the amount of compensation that can be pursued. This is due to an increase in medical bills, longer rehabilitation or recovery time, and a greater impact on the life of the victim, such as the chance of lost wages or permanent disability.
• Liability: In cases where the liability is clear, as in the drunk driver is clearly at fault for the accident, the settlements are typically higher. The negotiation process is much simpler when responsibility is easily proven.
• Comparative Negligence: Under California comparative negligence laws, the settlement is adjusted based on the victim’s degree of fault. If you are partially at fault for the accident, the settlement number can be decreased.
• Insurance Coverage: The value of insurance coverage that both you have at your disposal and the amount of coverage the drunk driver has can influence the monetary value of a potential settlement.

FAQs

Q: What Is the Statute of Limitations on a Personal Injury Claim in California?

A: In the state of California, the statute of limitations on a personal injury claim is two years, starting on the date the injury actually occurred. However, if the injury is not discovered right away, the statute of limitations is dropped to one year following the discovery of the injury.

Q: Who Can Be Held Liable for an Accident Claim in California?

A: In the state of California, depending on the circumstances surrounding your accident, there are several parties that may be held liable. These parties may include the drunk driver themselves, the owner of the vehicle the drunk driver was operating, any bars or restaurants that are proven to have provided alcohol to a minor or intoxicated person, car manufacturers, and employers.

Q: What Is Considered to Be Drunk Driving in California?

A: In the state of California, drunk driving, or driving under the influence, occurs when an individual operates a motorized vehicle under the influence of drugs or alcohol, which impairs their ability to drive. Drunk driving includes the individual having a blood alcohol content level of 0.08% or higher.

Q: How Much Compensation Can I Seek for an Accident?

A: There is no perfect way of assigning value to the compensation available in an accident claim, as there are several factors that may influence this value. These factors may include the severity of the injuries sustained, the extent of any personal property damage, the location of the accident, the attorneys who become involved, and the insurance companies involved.

Speak to a Trusted California Personal Injury Attorney Today

If you or a loved one has suffered due to a drunk driving accident, it is wise to retain the legal counsel of a trusted California personal injury attorney. The lawyers at Easton & Easton understand the complex legal matters surrounding these claims and are passionate about ensuring you receive the justice you deserve. Contact our offices today and let us handle the complicated nuances of your claim while you focus on what’s truly important: your own rest and recovery.