Moreno Valley Drunk Driving Accident Lawyer
Drunk Driving Accidents in Moreno Valley
Despite an increases push for public awareness campaigns as well as the threat of jail/prison time, drunk driving is a daily occurence that affects innocent lives within Moreno Valley.
If you are injured in a traffic accident caused by a drunk driver, you have the right to pursue a civil case with the driver that differs from the criminal case your local district attorney or prosecutor will file. The damages you might be able to collect include, but are not limited to, medical bills, lost earnings, permanent disability, disfigurement and even death..
The Civil Suit
The civil consequences of a DUI-related motor vehicle accident do not involve jail time, but they can still be quite serious. If the drunk driver seriously injured someone, the injured person’s claim might be worth more than the drunk driver’s insurance coverage. In that case, the drunk driver is going to have pay out of his/her own pocket.
In the case that a loved one was killed by a drunk driver, the family can file a wrongful death case. The remedy in both the individual and death case is payment of damages. In the American legal system, that is the only way to compensate somebody who was injured by the negligent conduct of somebody else. The state cannot do that for you in its case against the drunk driver. If you want damages, you are required to go get them yourself.
Every driver in every state has a basic legal duty to operate their motor vehicle in a non-negligent manner. In the lawsuit for damages, the plaintiff must prove that the other driver committed a breach of that duty that caused the accident and their injuries. The fact alone that the other driver was drunk isn’t enough to prove negligence. A negligent act or failure to act must be shown. Damages must be proved through medical bills, records and testimony.
Most times, it is less burdensome to get a guilty verdict in a civil case than in a criminal case as the burden of proof is very different. An experienced attorney can help you determine if you have a strong civil case. However, these complex cases require experienced knowledge from filing the correct paperwork in a timely manner to proving the breach of duty occured. Failure to prove any single element of the case will cause it to fail entirely.
The Wrongful Death Lawsuit
The immediate family of a loved one killed in an accident caused by a drunk driver can bring a claim to recover such damages as funeral and burial expenses, any medical bills in connection with the injury and income lost or reasonably expected to be lost in the future. The wrongful death action is usually a separate count in an injury lawsuit where other damages are also sought.
Uninsured Drunk Drivers in Moreno Valley, CA
It is not unrealistic to think that someone who drives drunk may also be irresponsible enough to drive without insurance. While auto insurance is a requirement in California, it is not unusual for motorists to find themselves involved in an accident with an uninsured driver. Accidents and injuries caused by uninsured drivers is exactly what uninsured motorist insurance (UM) is for. UM typically covers bodily injury to the driver, family members and passengers of a vehicle in a motor vehicle collision caused by an uninsured driver. UM coverage is mandatory in some states, but it’s not mandatory in California.
Most insurance companies will cover you or your family members through UM insurance. However, many times when a UM claim is, your trusted insurance company can make recovering the damages very complex. That is where an experienced attorney can help you. The last thing you want is to face the insurance company’s lawyers alone!
Under-Insured Drunk Drivers in Moreno Valley, CA
Under California law, drivers are only required to have $15,000 in liability insurance, which is about enough for a night in the emergency room and a day in the hospital. Since mandatory liability limits are so low, under-insured motorist insurance is also available for when you have $85,000 in damages and the drunk driver only has $15,000 of coverage.
Prosecutors only represent the State of California in the criminal portion of the case. He/she does not represent you. You are responsible for pursuing your own damages if you believe you have a case. Even so, your insurance company will likely fight the claim you file and their team of lawyers know just how to do win. Luckily for you, so do we!
Contact our Riverside County Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.