When a person gets behind the wheel of a vehicle, they owe every other driver the responsibility to operate their vehicle safely. Unfortunately, some drivers in Anaheim choose to drive after consuming numerous alcoholic beverages, placing the lives of innocent civilians in harm’s way. Notable areas in Anaheim where drunk driving accidents are likely to occur include major thoroughfares such as Harbor Boulevard, Katella Avenue, and near popular entertainment destinations like the Anaheim Convention Center.
In 2021, alcohol-impaired driving fatalities in California increased by 16%, reaching 1,370 deaths compared to 1,180 in 2020. This represents a significant portion of the total traffic fatalities, with 30% of all traffic deaths in the state resulting from alcohol-impaired driving.
These statistics are alarming and need to come down. If an accident were to occur due to a drunk driver, the victim is more than entitled to hold the negligent party accountable for their actions. Legal recourse can help victims seek compensation for their injuries and losses, ensuring that those responsible for such reckless behavior face the consequences.
If you have suffered injuries as a result of a drunk driver, get in touch with an Anaheim drunk driving accident lawyer. With a skilled Anaheim personal injury attorney at your side, you may be able to obtain a favorable resolution to your case.
Daniel Benji and his team are dedicated to securing justice and compensation for victims of drunk driving accidents. Our deep understanding of these cases ensures that we effectively hold intoxicated drivers accountable for their reckless actions.
We specialize in handling the complexities of drunk driving accident claims, meticulously investigating each incident, gathering essential evidence, and constructing a robust case to defend our clients’ rights. Our focused expertise allows us to navigate the unique challenges these cases present, ensuring the best possible outcome for those we represent.
Our commitment to clients extends beyond legal advocacy. We ensure that those affected by drunk driving accidents have access to necessary medical care, even in the absence of insurance. By managing the legal claims process, we allow our clients to concentrate on their recovery without the additional stress of legal complications.
We’re also deeply invested in the Anaheim community. One of our notable initiatives is the “One Step at a Time Scholarship,” which supports students who have overcome significant challenges. This $1,000 scholarship is available to high school seniors, college, and graduate students who are U.S. residents with a minimum 3.0 GPA.
We genuinely care about the well-being of our clients and are committed to guiding you and your family through the aftermath of a drunk driving accident. Whether your injuries are minor or severe, we provide the comprehensive support and legal expertise you need during this difficult time. Trust us to stand by your side, advocate for your rights, and work tirelessly to secure the compensation and justice you deserve.
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Many firms, including ours, work on a contingency fee basis for drunk driving accident cases. This means you only pay attorney fees if you win your case. The typical contingency fee is a percentage of the settlement amount. This arrangement makes legal representation more accessible. Additionally, consultations are often free. Ensure you discuss all fee arrangements upfront to avoid surprises later.
In our experience, these are the best steps you can take to help your case:
- Ensure Safety and Call 911: Move to a safe location if possible and call emergency services. This ensures that emergency personnel are on their way to handle injuries and manage the situation.
- Check for Injuries: Assess yourself and others involved in the accident for any injuries. Provide first aid if you are able to and wait for medical professionals to arrive. Prompt medical attention can save lives and prevent further injury complications
- Gather Information: Exchange information with the other driver, including names and contact details, insurance information, vehicle make, model, and license plate number. This information is crucial for filing insurance claims and any potential legal actions
- Document the Scene: Take photos and videos of the accident scene, vehicle damage, any visible injuries, and relevant road conditions or signs.
- Collect Witness Statements: If there are any witnesses, ask for their contact information and a brief statement of what they saw. Witnesses can provide unbiased accounts that support your version of events.
- Do Not Confront the Drunk Driver: Avoid any confrontation with the intoxicated driver. Let the police handle the situation. Confrontations can escalate tensions and complicate the situation; it’s safer to let law enforcement manage it.
- Contact an Attorney: Consult with a personal injury attorney who specializes in drunk driving cases to understand your rights and the next steps in seeking compensation.
- Seek Medical Attention: Even if you feel fine, it is essential to get a medical evaluation as some injuries may not be immediately apparent. Some injuries, like concussions or internal injuries, may not show symptoms right away but require prompt treatment.
- Report the Accident to Your Insurance Company: Notify your insurance company about the accident as soon as possible and provide them with all the gathered information. Timely reporting is necessary for processing claims and receiving coverage for damages.
- Follow Up on Medical Treatment: Keep all medical appointments and follow your doctor’s advice for recovery. Document all treatments and medical expenses. Consistent medical care is important for your health and for documenting the extent of your injuries.
- Keep Records: Maintain detailed records of all communications, expenses, and any changes in your condition related to the accident. Comprehensive documentation supports your case and helps ensure you are compensated for all losses and expenses.
In California, the statute of limitations for filing a claim in a drunk driving accident is generally two years from the date of the accident. This means you need to act promptly. Delaying your claim can result in loss of evidence and weaken your case. If you miss this deadline, you may lose your right to seek compensation.
An attorney from our firm can help ensure all necessary paperwork is filed promptly.
While it might not be possible to gather this entire list, gather as much of it as you can:
- Personal and Vehicle Information: Names and contact details of all parties involved, driver’s license numbers, vehicle make, model, and license plate numbers, and insurance information of the other driver.
- Photographic and Video Evidence: Photos of the accident scene, vehicles, damage areas, injuries, road conditions, traffic signs, and videos capturing the aftermath and behavior of the drunk driver.
- Witness Information and Statements: Names and contact details of witnesses, and their written or recorded statements.
- Police and Accident Reports: Copy of the police report, names and badge numbers of responding officers, and the incident number.
- Medical Records and Bills: Medical reports, emergency room and hospital records, prescription records, and bills for all medical treatments.
- Documentation of Lost Income: Pay stubs or income statements, employer letters confirming missed work and lost wages, and any disability or sick leave documentation.
- Property Damage Estimates: Repair estimates, receipts for temporary repairs or towing expenses, and documentation of any personal belongings damaged.
- Proof of Pain and Suffering: Personal journal documenting pain, emotional distress, and recovery progress, and statements from family, friends, or therapists.
- Correspondence Records: Emails and letters with insurance companies, communication logs with attorneys, and interactions with the other driver.
- Alcohol and Toxicology Reports: Results of the drunk driver’s breathalyzer or blood tests, and police report notes on the driver’s intoxication level.
- Emergency Services Reports: Reports from paramedics or firefighters who attended the scene.
- Traffic and Surveillance Camera Footage: Footage from traffic cameras, nearby businesses, or residences that captured the accident.
Even with minor injuries, carrying out the task of evidence gathering can be incredibly difficult, stressful, and time-consuming. That’s why, as part of our contract with you, we will take on the task of collecting this on your behalf. Contact us today to find out more!
At Benji Personal Injury, we set ourselves apart from other Anaheim drunk driver accident lawyers through our unwavering dedication, extensive experience, and personalized approach to every case. Here’s why you should choose us:
- Proven Track Record: With over 50 years of experience in personal injury law, Daniel Benji and his team have successfully handled countless drunk driving accident cases. Our extensive knowledge and proven strategies have resulted in significant settlements and verdicts for our clients.
- Comprehensive Legal Support: We manage all aspects of your case, from investigating the crash and gathering evidence to negotiating with insurance companies and representing you in court if necessary. Our goal is to ensure you receive the maximum compensation for your injuries and losses.
- Client-Centered Approach: At Benji Personal Injury, we prioritize our clients’ well-being. We ensure you have access to necessary medical care, even if you lack insurance, and we handle all legal complexities, allowing you to focus on your recovery.
- No Upfront Costs: We operate on a contingency fee basis, which means you won’t pay any legal fees unless we win your case. This approach aligns our interests with yours and ensures we are fully committed to achieving the best possible outcome for you.
- Deep Community Involvement: Our commitment extends beyond legal representation. We are deeply invested in the Anaheim community, supporting local initiatives such as the “One Step at a Time Scholarship,” which helps students who have overcome significant challenges.
- Accessibility and Responsiveness: We understand the urgency and stress that come with dealing with a drunk driving accident in Anaheim. Our team is available 24/7 to answer your questions and provide the support you need. We ensure clear and consistent communication throughout your case.
- Expertise in Complex Cases: Our firm handles even the most challenging and complicated cases, including those involving disputed liability or unfavorable police reports. We are adept at navigating these complexities to secure justice for our clients.
In situations where the victim of the accident is also suspected to be drunk at the time of the accident, the defendant may try to shift blame onto the victim. However, just because someone is drunk and involved in an accident does not mean that they are at-fault for the accident. There are numerous possibilities for an accident to occur, and if the defense tries to argue that the victim should share some blame because they were drunk, they would have to be able to prove that the victim’s inebriation had a significant role in the accident.
To find out how we can help you hold the driver under the influence of alcohol accountable, call us for a free consultation!
Victims of drunk driving accidents are entitled to the same damages other victims of vehicular accidents would be able to recover. For example, victims could recover both economic and non-economic damages. Economic damages include medical bills, lost wages, and time off work. Noneconomic damages include pain and suffering, loss of enjoyment of life, and emotional trauma.
Unlike in most vehicle wreck cases, a defendant who was intoxicated at the time of the collision could also be required to pay for punitive damages since accidents of such nature are considered egregious. Under this circumstance, the court would decide whether to award punitive damages and how much those damages would be worth.
Another aspect that sets it apart from other auto accident cases is the need for a criminal case. Since drunk driving is a criminal offense, the at-fault party would typically be charged with a DUI while they are also being held liable for any damages caused by their negligence. Notably, a plaintiff cannot recover damages from a criminal conviction, only through civil litigation.
If you have been injured in a drunk driving accident, you should make it a priority to get in touch with an experienced Anaheim drunk driving accident attorney from our firm.
We will take the time to learn more about your case, the damages available, and help with the collection of evidence. Talking to us could improve your chances of being able to obtain the compensation owed to you by scheduling a free consultation as soon as possible.
So do not delay, pick up the phone and give us a call to begin your road to financial recovery.
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