Drunk Driving Accident in San Jose

The state of California maintains strict laws on driving under the influence, particularly when it concerns drunk driving. This is primarily due to the fact that alcohol can have a significant impact on the driving skills of an individual attempting to drive under the influence. After a car accident caused by a drunk driver occurs, the legal attention generally tends to be focused on providing defense to the person that stands to be guiltily charged with DUI. However, there should be more focus placed on the driver and passengers that were hurt in the process. At Habbas & Associates, we aim to represent the individuals who were wrongfully harmed in drunk driving accidents in San Jose. If you have been injured in an accident of this type, then you should not hesitate to contact a San Jose personal injury lawyer from our firm as soon as possible.

Criminal Evidence in DUI Injury Claims

A person who drives while intoxicated is committing a crime in California and every other state. They will need to answer to the criminal justice system and perhaps the Department of Motor Vehicles for the criminal misconduct that put themselves and others in danger. However, they will not be held liable for any injuries they caused you in a drunk driving crash unless you bring a claim against them.

Drivers who are convicted of drunk driving are not guaranteed to be found liable for any accident they cause. It is also likely that the criminal court handling their case will not order the defendant to pay any restitution if convicted. Typically, damages paid to the accident victims are left up to civil claims and, if the matter reaches litigation, civil courts.

Evidence used in a criminal case can benefit your civil claim, though, such as:

• Police reports: The words of the police officers who arrested the drunk driver should have been recorded in police reports. Our attorneys are familiar with local law enforcement agencies, so we know how to retrieve copies of useful reports to build a claim. We can also investigate if there are any blood alcohol concentration (BAC) test results available.
• Testimonies: In-court testimonies used to reach a conviction can be powerful pieces of evidence to use in your civil claim. Even though the criminal court system is intentionally left separate from the civil court system, evidence of wrongdoing used in one court can be presented in the other by an experienced lawyer.
• Conviction: Lastly, a DUI conviction can be convincing to an insurance adjuster or a court handling a personal injury claim. Essentially, if a criminal court of law was convinced that the defendant was driving while dangerously intoxicated, then it makes sense to assume that a civil court should reach the same conclusion and assign significant or complete liability to the drunk driver. California uses pure comparative negligence laws, which means you can earn more compensation the less liable you are found for your own injuries.

Injuries Caused by Drunk Drivers

Intoxicated drivers are unpredictable when on the road. Inebriation will cloud their judgment and make worsen motor control. Any other motorist near a drunk driver will have an extremely difficult time knowing what to do to avoid a crash. If a collision does occur, then the damage and injuries caused by it can be severe since the victim will have little or no reaction time to try to mitigate the impact.

Injuries in drunk driving accidents often include:

• Whiplash
• Spinal cord injury
• Traumatic brain injury (TBI)
• Broken bones
• Permanent disfigurement