Investigating and proving damages claims against drunk drivers is a different exercise from other kinds of motor vehicle accidents. To learn how an experienced personal injury attorney can develop and present the facts that can help you recover the full measure of your damages, contact Weber & Nierenberg for a free consultation.
With offices in San Francisco, Oakland, San Jose and San Rafael, our law firm is convenient for clients throughout the Bay Area. We accept claims against intoxicated motorists on a contingent fee basis, which means that we collect no attorney’s fee unless and until we recover compensation for you, either through settlement or trial.
One of the biggest cases our firm ever handled involved an intoxicated bus driver who struck and seriously injured our client in a rear-end collision. We settled the case for $3.75 million.
Establishing Civil Liability for Drunk Driving
In our experience, evidence of drunk driving, substance abuse or other impairment on the part of the defendant driver can be a powerful circumstance toward establishing our client’s right to damages. We know how to work with evidence of intoxication without regard to the outcome of any criminal DUI or DWI charges against the other driver. In certain cases, our attorneys can even allege that the other driver was impaired even if no charge of drunk driving was brought against the other driver.
Because a civil claim for damages involves a lower standard of proof than a criminal prosecution, claims against drunk drivers can go forward even without a conviction on a DUI charge. We can use the evidence of intoxication developed by law enforcement without having to worry about proving the case beyond a reasonable doubt. We can also look at evidence of past substance abuse problems and prior drunk driving offenses on the part of the defendant.
Evidence of intoxication will be important in most drunk driving accident cases because it can support a claim for punitive damages. Additionally, liability for drunk driving accident damages will often be excepted from the discharge in bankruptcy. Proof that the other driver had been drinking to the point of impairment or beyond will usually strengthen the accident victim’s claims.
Learn more about the ways an experienced trial attorney can use evidence of drunk driving to help an accident victim achieve justice. Contact the Bay Area law firm of Weber & Nierenberg for a free consultation. You can also visit our website at http://weberandnierenberg.com.