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:
- Spinal cord injury
- Traumatic brain injury (TBI)
- Broken bones
- Permanent disfigurement
Protecting Victims of Drunk Drivers in San Jose
No matter what type of
car accident you were involved in there should be no question as to your need for sound
legal representation as you attempt to address the matters at hand. Drunk
drivers need to be held responsible for their actions and any persons
injured or harmed in any way should be duly compensated for the damages
they incurred. At Habbas & Associates that is exactly what we are
here to make sure happens for the clients we serve. When you need steadfast
legal representation in the face of an accident that has left you injured,
you can reliably turn to the
associates at our firm for the legal support and guidance you will need to get you through this
For years, we have been providing injured residents in San Jose, Modesto,
Sacramento, and Oakland with the legal representation they need to effectively
seek compensation for the damages incurred in a car accident of any sort.
By taking the time to contact our firm, you will be setting yourself up
for a brighter future, as we know what it takes to affect positive results,
particularly in cases involving drunk driving accidents. As you navigate
your way through the legal process of bringing to light a motor vehicle
accident that was caused by a drunk driver, you will undoubtedly benefit
from the legal know-how and effective skillset employed by personal injury
lawyers at our firm. From beginning to end, we will be by your side to
assist you through all of the legal procedures involved in your case.
When you need it most, we will be there for you.
To learn more, contact a San Jose drunk driving accident attorney
from Habbas & Associates today.