Hit By a Drunk Driver? What Are Your Legal Options?

By San Diego Attorney on February 9, 2020

If you have been hit by a drunk driver, you have a good chance of winning a claim for compensation in court. However, a lawsuit is not your only option. It may be possible to receive a fair settlement from the drunk driver’s insurance company, particularly if you have an experienced San Diego car accident lawyer negotiating skillfully on your behalf.

What Are the Chances of Recovering Compensation After a Crash with an Inebriated Driver?

After a crash caused by a drunk driver, the chances of recovering compensation for your injuries are very good. Insurance companies are more likely to offer a fair settlement if the policyholder who caused the accident was driving under the influence of alcohol. Your best move may be to have your attorney talk settlement with the insurance company before filing a claim in court.

What If There Is a Drunk Driving Conviction?

If the driver who hit you has been charged and convicted of DUI, you have an excellent personal injury case. The insurance company will go to great lengths to avoid a lawsuit in these cases. They know that, with a policyholder convicted of DUI, if the case goes to trial in front of a jury, they are likely to pay out a lot more in damages. The jury may be sympathetic toward a plaintiff who has been hit by a drunk driver. Even with a high-end settlement offer, it is in the insurer’s best interests to settle the case and avoid going to court.

Do You Need to Hire a Lawyer?

A drunk driving crash can cause serious injuries requiring extensive medical treatment and time away from work. In many cases, an experienced personal injury attorney can get you more compensation after a collision caused by a drunk driver. As California is a pure comparative negligence state, the other side will try to assign some percentage of the fault for the accident to you, in an effort to reduce the amount paid in a settlement. Your attorney can argue aggressively to prevent this or limit any liability you may have for the crash. Your legal team can also investigate to determine whether the establishment that served the drunk at-fault driver can be held liable under state dram shop laws, which is possible in some rare situations.

Why Choose Us?

Our San Diego car accident lawyers at jD LAW, P.C. have the knowledge and skills to assess the full extent of your damages, including future medical expenses and losses, and negotiate with the insurance company on your behalf. Insurance companies are notorious for making lowball settlement offers when they are dealing directly with victims, and they may pressure you to close the case quickly by signing a release of liability waiver. We can help ensure that you do not accept a settlement for less than your claim is worth, and we will fight for your rights in court, if necessary.

Call us at (760) 630-2000 today to schedule a free consultation. Our San Diego personal injury lawyers are fierce advocates for drunk driving accident victims.