If an intoxicated driver in Santa Rosa injures you, you may face physical, emotional, and financial hurdles. Drunk driving accidents are more upsetting because they are preventable, and victims deserve justice and compensation. At Flahavan Law Offices, we’ve been serving Santa Rosa, Sonoma County, Lake County, and Mendocino County since 2002, providing compassionate, expert legal guidance to navigate these complex cases. Here’s what you need to know if a drunk driver has injured you.
Understanding Drunk Driving Accidents in Santa Rosa
Drunk driving continues to be a substantial problem in Sonoma County. There are way too many accidents caused by drunk driving on highways such as Highway 101 and Santa Rosa Avenue, as well as rural roadways. According to the California Office of Traffic Safety, alcohol-impaired driving accounted for over 25% of fatal crashes in California in recent years, and Sonoma County sees its share of these tragic incidents. Drivers under the influence of alcohol impair their reaction times, judgment, and coordination, leading to collisions that cause severe injuries, such as traumatic brain injuries, spinal cord damage, fractures, and emotional trauma.
In California, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers). If a drunk driver has hurt you, you could be compensated for all medical bills, lost wages, pain and suffering, and possibly punitive damages due to the driver’s reckless behavior. In addition to the at-fault driver, other parties may be liable, including bars and restaurants if the driver had been overserved alcohol, as established in California’s dram shop laws.
The Aftermath of Drunk Driving Crashes
The unfortunate victims of DUI crashes often suffer tragic consequences such as:
- Physical Injuries:From whiplash and broken bones to crippling conditions like neurological illnesses or traumatic brain injuries.
- Emotional Trauma: Anxiety, PTSD, or depression following a traumatic crash.
- Financial Burdens: Mounting medical expenses, rehabilitation costs, and lost income due to inability to work.
- Property Damage:The damage to your vehicle or personal property may be substantial.
- Long-Term Impact: Ongoing medical care, reduced quality of life, or permanent disability.
These accidents are particularly egregious because they are entirely preventable. In California, the penalties for drunk driving are harsh: fines, loss of your license, and sometimes even jail time. However, none of these penalties recover the harm done to the victims of the drunk driver. That’s where Flahavan Law Offices comes in for you to pursue justice.
Key Steps to Take After a Drunk Driving Accident
To protect your rights and strengthen your case checklist, do these steps after the accident:
- Seek Medical Attention: Promptly seek medical attention even if your injuries seem insignificant. Medical records are important evidence to prove that you injuries are linked to the accident.
- Report the Accident: Contact the police immediately to ensure there’s an official report, and to document the driver’s impairment, including any field sobriety or BAC test results.
- Gather Evidence: Take photos of the accident scene, your injuries, vehicle damage, and any visible signs of the driver’s impairment (e.g., alcohol containers). Collect witness contact information if possible.
- Avoid Insurance Adjusters: Do not discuss your case with insurance representatives until you consult an attorney, as they may use your statements to minimize or deny your claim.
- Contact a Personal Injury Attorney: Call Flahavan Law Offices for a free consultation to evaluate your case, protect your rights, and pursue all liable parties, including the driver or establishments that contributed to the accident.
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Frequently Asked Questions
Can I sue a drunk driver in Santa Rosa?
Yes, you can pursue a personal injury claim against a drunk driver for damages. In some cases, additional parties, like a bar that overserved alcohol, may also be liable under California’s dram shop laws.
What compensation can I seek for a drunk driving accident?
You may be entitled to compensation for medical bills, lost wages, pain and suffering, property damage, and punitive damages due to the driver’s reckless conduct.
How long do I have to file a claim in California?
In California, you generally have two years from the date of the accident to file a personal injury claim. However, some cases may have shorter deadlines, such as claims against government entities. Consulting an attorney quickly gives you the best chance to be able to pursue your claim promptly.
Can I still file a claim if the drunk driver wasn’t charged criminally?
Yes, a personal injury claim is separate from criminal charges. Even if the driver avoids criminal penalties, you can pursue a civil claim for damages with the help of an experienced attorney.