Drunk Driving Accident Attorneys in Oxnard

Seeking Justice for Victims of Drunk Driving Accidents in Ventura County

A driver who chooses to drive while intoxicated puts every other driver on the road at risk of injury or death. The criminal courts punish the drunk driver who caused your injuries, but that does not help you recover compensation for your damages. The Oxnard drunk driving accident attorneys at Crane Flores, LLP have extensive experience gaining substantial awards for victims of alcohol-related accidents. Let us help you fight to recover a damaged reward and obtain justice.

Contact us today to request a free consultation with out drunk driving accident attorney in Oxnard. We can be reached online or by phone at (805) 628-4967. 

Can You Sue a Drunk Driver for Injuries from an Accident?

If you are injured in an auto accident caused by a drunk driver, you have every right to sue for damages. However, there are issues related to suing a drunk driver that may make collecting damages more difficult.

In most cases, it will be easier for you to obtain a court judgment because driving drunk is negligence per se. That means you don’t have to prove the drunk driver was careless; you simply have to prove the drunk driver hit you rather than you hitting him. Here again, you may have an easy time because a judge or jury would naturally be receptive to the argument that the drunk driver caused the accident. However, a victory is not automatic.

Depending on the facts of your accident, the drunk driver might assert a counterclaim, alleging that you were also negligent in causing the accident. If you violated a traffic law by speeding or running a red light, that could likewise be negligence per se. A court could reduce your recovery in accordance with the percentage of fault attributable to you.

However, even if you are able to prove the drunk driver was entirely responsible for the accident, you might still have difficulties to overcome. Most auto accident claims are made against the at-fault driver’s insurance company, but many drunk drivers are uninsured or underinsured. There are obvious reasons for this: a driver with a previous conviction for drunk driving might be driving on a suspended license, and such drivers are not insured. The drunk driver may have also been hit with much higher premiums that he could not afford. Finally, insurance companies may have decided he was too high a risk and, therefore, uninsurable.

If this was the driver’s first DUI, chances are good he will have insurance. But, if it turns out the drunk driver was uninsured, you will have to rely on your own uninsured driver coverage and/or go after any personal assets the driver has, which might be sold to satisfy a judgment. If the driver has insufficient assets, you may have to petition the court to garnish his wages.

How Is Negligence Proven?

Proving negligence in a drunk driving accident involves establishing that the responsible party failed to exercise reasonable care. There are several key elements involved in proving negligence:

• Duty of care: Every driver has a legal duty to operate their vehicles responsibly and in a way that does not endanger others on the road. This duty includes obeying traffic laws prohibiting driving under the influence of alcohol.
• Breach of duty: The driver in question must have breached this duty of care. In these cases, this breach is often clear since operating a vehicle while intoxicated violates both legal and social standards of responsibility.
• Causation: The breach of duty must directly cause the accident and the resulting injuries. We will work to establish that the accident would not have occurred if the driver had not been intoxicated.
• Damages: The final element of negligence involves showing that the victim suffered actual harm due to the accident. This harm can include physical injuries, emotional distress, lost income, and other measurable damages.

Evidence plays a critical role in proving negligence. Police reports, witness statements, surveillance footage, and expert testimony are just a few examples of the types of evidence that can support a claim. Additionally, a driver’s blood alcohol concentration (BAC) test results can be used to demonstrate that they were legally intoxicated at the time of the crash.

California Drunk Driving Statistics

Even with all the campaigns against drinking and driving, alcohol is still a major contributor to many vehicle accidents.

In 2008 alone, there were:

• 920 fatal accidents in California where at least one driver had a BAC of 0.08% or higher
• 1,029 people were killed in California in accidents where at least one driver had a BAC of 0.08% or higher
• 170 people were killed in California accidents where at least one driver had a BAC between 0.01% and 0.07%
• 1,198 total deaths caused in California where at least one driver had a BAC of 0.01% or higher

If you or a loved one has been involved in a crash caused by a driver under the influence of alcohol, confer with one of our Oxnard drunk driving accident attorneys to determine your right to seek compensation for your damages.

How Do Victims of Drunk Driving Accidents Seek Compensation?

The California civil courts let victims recover financial compensation for the injuries and other damage a drunk driver caused. Examples of monetary damages you may be able to recover include:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Punitive or exemplary damages

It is important that you consult an attorney at Crane Flores, LLP, before you speak with an insurance adjuster. The insurance company tries to force accident victims to settle for the least possible amount of money. We work hard to ensure this does not happen. It is our goal to get you the most money we can in your circumstances.

Types of Injuries in Drunk Driving Accidents

When you are involved in an alcohol-related accident, a vast number of injuries can result. If you were hit by a commercial truck while driving your car or a car hit you while you were on your motorcycle, you are more likely to suffer very severe injuries. These types of accidents also often lead to fatalities.

Some of the common injuries we have handled include:

• Brain injuries
• Bruises, cuts, and scrapes
• Broken bones
• Loss of limbs
• Paralysis
• Spine injuries
• Whiplash

Whether you were hit by a drunk driver while in a car, on a bicycle, or in a pedestrian accident, we are prepared to help. We guide you through the process of fighting for the compensation you are owed, step by step.

At Crane Flores, LLP, our goal is to serve you. We give you a free initial consultation and 24-hour service, and we have offices in Santa Barbara, Oxnard, and Ventura.

Holding Drunk Drivers Accountable

At Crane Flores, LLP, our drunk driving accident lawyers in Oxnard are dedicated to seeking justice for victims of these devastating accidents. We understand the physical, emotional, and financial toll that drunk driving accidents can have on individuals and their families. That's why we are committed to fighting for maximum compensation on behalf of our clients.

When you choose us to represent you, we will:

• Thoroughly investigate the accident to gather evidence of the drunk driver's negligence.
• Work with accident reconstruction experts to determine liability and strengthen your case.
• Consult with medical professionals to accurately assess the extent of your injuries and their long-term impact on your life.
• Calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and more.
• Negotiate aggressively with insurance companies to ensure you receive the compensation you deserve
• If necessary, take your case to trial and present a compelling argument for your right to compensation.

Contact Our Drunk Driving Accident Attorney in Oxnard Today

Our track record of successful results and our commitment to excellence have earned us a reputation as one of the leading personal injury firms in Oxnard. We understand that no amount of money can fully compensate you for the trauma you've experienced, but we believe in holding drunk drivers accountable for their actions and helping you rebuild your life.