Drunk driving is extremely reckless behavior, and it is one of the main causes of fatalities on the roads in Fairfield, and throughout California. Even when accident victims survive the crash, they are usually left with very serious injuries, high medical bills, and without an income when they cannot return to work. If you or someone you love has been hurt by a drunk driver, you can file a claim for damages to recover your losses. These claims are not easy though, and they vastly differ from a criminal case that may proceed at the same time. A Fairfield drunk driving accident lawyer will guide you through the process so you can claim the full amount of damages you deserve.
Criminal vs. Civil Drunk Driving ProceedingsDrunk driving is a very serious offense in Fairfield due to the fact that it results in such serious injuries. Law enforcement and the state prosecution will likely lay criminal charges against the drunk driver, and a trial will be held. If the driver is convicted, they will face several penalties including jail time and high fines. However, there is no way for you to recover compensation through a criminal case. The only way to do this is to file a civil claim against the drunk driver.
To recover damages, you will need to file a personal injury claim or lawsuit against the drunk driver. In your civil claim, you can claim damages such as medical expenses, lost income, pain and suffering, and more. The outcome of a criminal case will not have an impact on your civil case, nor will the civil court outcome affect the criminal proceedings.
Are Drunk Drivers Always at Fault for an Accident?Usually when filing a car accident claim, you must prove the other driver was at fault, or that they acted negligently, and caused the crash. However, cases involving a drunk driver are slightly different. This is due to the fact that the law also recognizes a legal concept known as negligence per se.
Any time a person violates the law and causes an accident that results in injury, they are considered negligent per se. This means you do not have to prove they were liable because the law assumes so. Drunk drivers violate traffic law and so, as long as you can prove they were intoxicated, you can claim damages. A Fairfield drunk driving accident attorney will collect important evidence including police reports and toxicology results to prove the other driver was drunk at the time of the crash.
Our Drunk Driving Accident Lawyer in Fairfield Can Help with Your CaseIf you have been injured by an impaired driver, our drunk driving accident attorney in Fairfield at Brod Law Firm can provide sound legal advice during this difficult time. Attorney Brod is dedicated to holding drunk drivers accountable for their reckless actions, and will help you recover the maximum damages you deserve. Call us today at (800) 427-7020 or fill out our online form to schedule a free case review.