How to Prove That the Driver Who Hit You Was Drunk

Being involved in any car accident is upsetting, but you can be particularly angry when you are hurt in an accident that could have easily been prevented. When people choose to drink and drive, they put others at risk. Driving while intoxicated is not a victimless crime, and many people can be affected by the poor decisions of others.

If you’ve been hurt in a vehicle collision involving a drunk driver, you will likely want justice against the driver who hurt you. The driver will likely be held to account for their crime in criminal court, but you can also hold them to account for your damages in civil court.

Winning a claim against the drunk driver requires many important steps, but none of those steps is more important than proving fault.

Proving the Fault of an Intoxicated Driver

In some drunk driving cases, the proof will be lingering on the driver’s breath and it will come out of the mouth of the driver as they attempt to apologize for their behavior. In some instances you will have the evidence of a criminal case to use in your civil case.

For instance, if the drunk driver is convicted in criminal court, you can use a certified copy of a conviction as evidence in your case that the driver was drunk.

There are other types of evidence you could use as well.

  • Witness statements
  • Police reports/accident reports
  • Lab reports of the driver’s blood alcohol concentration
  • The driver’s own statements
  • Physical evidence and photographic evidence

As you can see, there are times where it could be relatively easy to prove your accident was caused by a drunk driver, but there are other times when it will be much more difficult. Not every drunk driver acts drunk, and some may refuse to speak to the police after an accident.

It’s useful to have a lawyer assist you with proving the fault of a drunk driver so that your case’s chance of success will improve.

How a Car Accident Lawyer Can Help You

When you’ve been injured in a vehicle accident, you have a lot to deal with during the aftermath. You have pain from your injuries, lost work wages, stress, anxiety, and worry about your injuries and how they will affect your future. Your lawyer can take over the burden of investigating your car crash and proving fault on the part of the drunk driver.

Your attorney will know what types of evidence to gather and how to collect the documentation needed to win your claim.

Speak with a Vehicle Crash Attorney Today

Drunk drivers must be held accountable when they cause accidents so that they don’t continue to hurt others the way they hurt you. You deserve full compensation for every loss you’ve faced, but proving your case isn’t always easy. It requires great legal knowledge and experience, which is what the lawyers at Custodio & Dubey, LLP have to offer you.

Talk with an attorney at our firm during a free case review and tell us about your accident and the hopes you have for your case. Call 213-593-9095 or complete the website submission form located at the bottom of this page.

Tricks Insurers Use to Take Advantage of Auto Accident Victims

When you’ve been injured in a vehicle wreck in California, you will need to file an insurance claim to obtain money for your damages. Whether you were the one to blame for the wreck or the fault rests with the other driver or another party, you will be dealing with insurance adjusters.

One would like to think that insurance adjusters would be understanding and empathetic when dealing with auto wreck victims; unfortunately, that’s not usually the case. You see, as much as insurers like to claim that they’re “in your corner” and “there when you need them,” they really aren’t on your side.

Tricks Insurance Adjusters May Use to Minimize Your Accident Claim

Insurers are in the business of making money, and they may stop at nothing to increase their profits each year. If that means leaving a few accident victims out in the cold, some of them don’t particularly mind doing so.

The following are just some of the tactics that insurance companies may use to take advantage of you and minimize the value of your auto insurance claim.

Record Your Statements

Insurers like to call you up and ask to record the phone conversation. They don’t do this because they have poor memories and need to play back the recording later. They do this in part so they can use your statements against you.

They may even try to get you to admit fault during the recorded conversation so they can minimize your claim’s value later. They know that your claim will be worth less if they can place some of the fault at your feet.

Offer You a Fast, Low Settlement

Some insurance adjusters know that you’re desperate to get your settlement. After all, you need the money to pay for your vehicle’s damage, and those doctor bills are yelling at you from the counter. Insurers know that many accident victims will take the first offer they receive, even if it’s far less than the amount that is fair for the accident.

Threaten to Take You to Court

Many insurers’ game is to deny that they even owe you money, and they will tell you to take them to court if you want to. They may refuse to pay you a dime, alleging that you don’t have a claim.

Perhaps they will say that their insured client wasn’t at fault, or that your injuries aren’t as serious as you’re claiming. Whatever the excuse they come up with, it’s a bullying tactic. They hope you’ll give up because you don’t want to go to court.

Get Help with Your Claim from an Auto Wreck Lawyer

You don’t have to give up on a claim when you know you are owed compensation. Don’t let insurers trick you out of a settlement that is rightfully yours.

Reach out to a vehicle collision attorney at Custodio & Dubey, LLP. We offer free case reviews so you can see what your claim is truly worth. Call 213-593-9095, or complete the online contact form on this webpage.

San Fernando Valley Car Accident Caused by Speeding Takes Life of Passenger

A recent speed-related accident along Sherman Way in Sun Valley resulted in one passenger suffering fatal injuries and another being hospitalized with serious injuries. The driver responsible for the crash left the scene and is still evading police. Speed was a factor in the crash, which was captured on a nearby surveillance camera. Learn about the accident below, and contact a Los Angeles car accident attorney if you have additional questions.

Accident injures two, one fatally

The recent local accident occurred in the early morning hours of Thursday, June 7. A Nissan Murano traveling at what police described as “substantial speed” collided with three parked cars along the 11000 block of Sherman Way in Sun Valley. One 23-year-old man who was riding as a passenger in the vehicle was ejected in the crash and declared dead at the scene. Another passenger, a 37-year-old woman, was also injured in the crash and taken to the hospital with significant injuries.

The accident was captured on a security camera, which also showed two others fleeing from the car after the crash, one of whom is believed to have been the driver. The owner of the repair shop whose security camera captured the crash explained that speed is a persistent problem on the street where the crash occurred. “A lot of cars fly through here. It happens quite often. Something has to be done.”

Speed a lethal force on Southern California roads

Driving over the speed limit is such a regular practice on Southern California roads that a driver traveling at or below the posted speed limit is the outlier, and not the speeder. However, it’s important to remember all the risks that driving at a high rate of speed can bring. Speeding drivers are less able to control their vehicles, making crashes more likely to occur. Speeding multiplies the force of impact of a crash, also resulting in passenger safety protections becoming less effective. Additionally, speeding drivers have less time to react to changing conditions or stopped cars in the road ahead and also need more time to bring their vehicle to a stop. In fact, research shows that speeding and drunk driving are responsible for equal shares of fatal accidents in the US each year.

If you’ve been injured by a speeding driver in a Southern California crash, find out if you’re entitled to compensation for your injuries by contacting the seasoned and dedicated Los Angeles personal injury lawyers at Custodio & Dubey for a free consultation at (213) 593-9095.

Man Crashes into Semi-Truck while Live-Streaming on YouTube

A Los Angeles county resident suffered serious injuries in a recent crash when he crashed into a tractor-trailer while driving distracted. Learn more about the accident and the dangers of distracted driving, and contact an experienced Los Angeles personal injury lawyer if you’ve been hurt in a crash with a distracted driver.

Crash in Llano causes major injuries

The recent accident occurred in Llano, California, near San Bernadino County. The driver of a 2012 Honda Fit was traveling on Avenue T, heading west towards the intersection with 165th Street East. The man, an actor, was heading back to his hometown of Claremont and livestreaming his drive to “make it less boring.” The man’s YouTube channel has 2,000+ subscribers. The driver of the Fit apparently failed to yield at a stop sign as he chatted to the camera, and in so doing entered the path of an oncoming big rig, a reflection of which is visible in the vlogger’s sunglasses moments before the accident. The driver of the truck tried to avoid a collision but was unable to and struck the driver’s side door of the Fit. The vlogger was airlifted to Apple Valley hospital with what police described as moderate to major injuries. The driver of the tractor-trailer was not injured.

Study finds that majority of drivers check their phones while driving

The problem of distracted driving has grown steadily over recent years, despite efforts to limit the practice through legislation and public service campaigns. Zendrive, a Silicon Valley startup that makes software which can track behind-the-wheel phone use, publishes an annual report using anonymized data collected from phones which use its software. Zendrive recently released the results of a study which tracked phone use by over 4.5 million drivers. The study found that roughly 60% of drivers used their phones at least once per drive. Extrapolated out to the remainder of the US population, this would mean that 69 million drivers were on their phone at some point during every drive. The average length of time that drivers spent on their phones also increased, rising to an average of four minutes of phone time per hour spent behind the wheel. California drivers who injure others while texting or emailing behind the wheel can face not only major citations and even criminal penalties; they can also face civil liability through a personal injury lawsuit filed by distracted driving crash victims.

If you’ve been injured by a distracted driver in Southern California, find out if you’re a good candidate to file a lawsuit against the driver who caused your injuries by contacting the effective and professional Los Angeles car accident lawyers at Custodio & Dubey for a free consultation at (213) 593-9095.

How a Personal Injury Lawyer Can Help You in Los Angeles

Getting seriously injured in an accident can bring your life to a screeching halt. You might not be able to work, or even to take care of yourself without help, on top of the pain and discomfort you’re experiencing as the result of your injuries. Handling a claim for damages on your own may seem like the responsible course of action but may in fact have serious negative consequences for the success of your claim. Read on to learn about ways that hiring a Los Angeles personal injury lawyer can benefit you after an accident.

You’ll know what your claim is worth.

Negotiating with the experienced lawyers who work for insurance companies is hard enough when you have a good idea of what you should expect to collect in exchange for your claims. These negotiations get even more difficult if you don’t know the value of your claims, nor the types of money damages you should be requesting. An attorney will give you an accurate valuation of your claim and can negotiate on your behalf to ensure that you don’t settle for less than you deserve.

You can relax knowing that your claim is being handled by a professional.

Filing a personal injury claim isn’t a simple or intuitive process. If you’re lucky, you’ll only need to file a claim with an insurer, but some claims aren’t this straightforward. Representing yourself in a personal injury lawsuit will require hours of research and volumes of paperwork that you don’t have the time to complete, and you’re at risk of making a mistake that could destroy your claim. By hiring a personal injury lawyer, you can hand your claim over to someone with the experience and knowledge to fight for the damages you deserve in negotiations with an insurer or at trial.

You’ll be on equal footing with the other side.

When you file a personal injury claim, you’re likely going up against seasoned defense attorneys who have handled hundreds of claims just like yours. Rather than putting yourself at the disadvantage of being the only person in the room who doesn’t know the practices and laws pertaining to your case, hire a personal injury attorney who can ensure that you’re on a level playing field with your opponents.

You’ll be ready for trial if settlement negotiations fail.

Most personal injury claims resolve through a settlement. But if settlement negotiations fall apart, having a personal injury attorney means you’re ready to go to trial rather than settle for less than you need out of court.

If you’ve been injured in a serious accident in California, get help recovering the damages you deserve by consulting with the Los Angeles personal injury attorneys at Custodio & Dubey, LLP, at (213) 593-9095.