Drunk Driving Accident Attorney in San Jose, CA
Drunk driving accidents can have devastating consequences, leaving victims with life-altering injuries or worse. In San Jose, drunk driving is a serious issue, and those who drive under the influence put everyone at risk.
If you or a loved one has been injured by a drunk driver, Scher, Bassett & Hames is here to help. Our experienced attorneys are dedicated to holding negligent drivers accountable and securing maximum compensation for victims. We understand the physical, emotional, and financial toll these accidents take, and we’re committed to fighting for the justice you deserve.
Proven Results – Real Victories for Drunk Driving Accident Victims
At Scher, Bassett & Hames, we have a proven track record of securing substantial settlements for victims of drunk driving accidents in San Jose. Our dedicated team works tirelessly to ensure that our clients receive the compensation they need to cover medical expenses, lost wages, pain and suffering, and more. Here are just a few of our success stories:
A woman was severely injured when her vehicle was struck by a drunk driver. She sustained multiple fractures and required several surgeries. Our firm secured a $1.5 million settlement to cover her medical bills, lost income, and long-term care needs.
A young man was permanently disabled after being hit by a drunk driver while crossing the street. We fought to secure $2 million in compensation to cover his extensive medical treatments, rehabilitation, and loss of future earnings.
A family was injured in a head-on collision caused by a drunk driver. We successfully negotiated an $850,000 settlement to compensate them for their injuries, pain and suffering, and the cost of their vehicle repairs.
A motorcyclist was struck by a drunk driver, suffering severe road rash and a broken leg. Scher, Bassett & Hames secured a $500,000 settlement to cover his medical expenses and rehabilitation.
Why Choose Scher, Bassett & Hames for Your Drunk Driving Accident Case?
We have a long history of success in securing maximum compensation for drunk driving accident victims. Our team is experienced in taking on big insurance companies and fighting for justice.
With decades of combined experience in personal injury and drunk driving accident cases, our attorneys have the knowledge and skills to handle even the most complex cases. We understand California’s DUI laws and how to build a strong case on your behalf.
We recognize that each case is unique, and we tailor our approach to meet your specific needs. Our attorneys take the time to listen to your story, understand your goals, and provide compassionate support throughout the legal process.
We work on a contingency fee basis, meaning you only pay if we win your case. This allows you to focus on your recovery while we handle the legal details.
We Handle All Types of Drunk Driving Accident Cases in San Jose
At Scher, Bassett & Hames, we have extensive experience handling a wide range of drunk driving accident cases. Whether the accident involved a car, motorcycle, truck, or pedestrian, we’re here to help.
Drunk driving is one of the leading causes of car accidents in San Jose. We represent victims of drunk driving-related car crashes, including those involving head-on collisions, rear-end accidents, and side-impact crashes.
Motorcyclists are especially vulnerable to drunk drivers. We have successfully represented motorcyclists who have been injured by intoxicated drivers, ensuring they receive the compensation they need to cover medical bills, lost wages, and other damages.
Accidents involving large commercial trucks and drunk drivers can be catastrophic. We are skilled in handling the complexities of these cases, including determining liability and pursuing claims against both the driver and the trucking company.
Drunk drivers often fail to see pedestrians, leading to severe or fatal injuries. Our firm fights aggressively to protect the rights of injured pedestrians and their families.
When a drunk driver flees the scene, it can complicate the legal process. Our attorneys have experience tracking down hit-and-run drivers and holding them accountable for their actions.
Drunk driving accidents can involve multiple vehicles, creating complex liability issues. We work to identify all responsible parties and pursue compensation from each.
Common Causes of Drunk Driving Accidents in San Jose
Drunk driving accidents are entirely preventable and are caused by reckless and negligent behavior. Some of the most common causes of drunk driving accidents include:
Alcohol affects a driver’s ability to concentrate, react quickly, and make sound decisions. Drunk drivers are more likely to speed, swerve, and fail to obey traffic signals, putting others at risk.
Drunk drivers often fail to yield the right of way at intersections, leading to dangerous collisions. These accidents frequently occur at stop signs, traffic lights, and pedestrian crossings.
Drivers under the influence of alcohol are more likely to exceed the speed limit, reducing their ability to stop in time to avoid accidents. Speeding also increases the severity of crashes and the risk of serious injury or death.
Drunk drivers may become disoriented and drive the wrong way on one-way streets or highways. These types of accidents are often head-on collisions and result in severe injuries.
Alcohol can cause drowsiness, and drunk drivers may fall asleep behind the wheel. Fatigued driving is just as dangerous as drunk driving, and when combined, the risk of accidents increases significantly.
The Impact of Drunk Driving Accidents in San Jose
Drunk driving accidents can have devastating effects on victims and their families. The physical, emotional, and financial toll of these accidents is often overwhelming.
Victims of drunk driving accidents often suffer serious injuries, such as broken bones, traumatic brain injuries, spinal cord damage, and internal injuries. These injuries may require surgery, rehabilitation, and long-term medical care.
The emotional impact of being involved in a drunk driving accident can be severe. Many victims experience anxiety, depression, and post-traumatic stress disorder (PTSD). The psychological effects of these accidents can last long after physical injuries have healed.
The cost of medical treatment, lost wages, and vehicle repairs can place a significant financial burden on victims and their families. Even with health insurance, out-of-pocket expenses can add up quickly.
Severe injuries can lead to a loss of independence, as victims may be unable to work, drive, or care for themselves. This can affect every aspect of their lives, from their ability to earn a living to their personal relationships.
The consequences of a drunk driving accident often extend beyond the victim to their family members. Loved ones may have to take on caregiving responsibilities, and the emotional strain of supporting an injured family member can be overwhelming.
Your Legal Rights After a Drunk Driving Accident in San Jose
If you’ve been injured in a drunk driving accident, you have legal rights. At Scher, Bassett & Hames, we help victims of drunk driving accidents recover compensation for:
You may be entitled to compensation for your current and future medical bills, including hospital stays, surgeries, medications, physical therapy, and rehabilitation. This also includes any necessary medical equipment or modifications to your home.
If your injuries have caused you to miss work, you can seek compensation for lost wages. If your injuries are long-term or permanent, you may also be entitled to compensation for lost earning capacity.
Drunk driving accidents can cause physical pain and emotional suffering. You can pursue compensation for the pain and suffering you’ve endured, including emotional distress, anxiety, depression, and PTSD.
If your vehicle or other personal property was damaged in the accident, you can recover the cost of repairs or replacement.
In cases where the drunk driver’s behavior was particularly egregious, such as in repeat offenses, you may be entitled to punitive damages. These damages are meant to punish the driver and deter similar behavior in the future.
Don’t Face the Insurance Companies Alone
Dealing with insurance companies after a drunk driving accident can be challenging. Insurance adjusters may try to minimize your claim or deny it altogether, offering quick settlements that are far less than what you deserve. At Scher, Bassett & Hames, we have extensive experience handling drunk driving accident cases and negotiating with insurance companies on behalf of our clients.
Our attorneys understand the tactics insurance companies use to reduce payouts, such as blaming the victim or questioning the severity of the injuries. We fight back against these tactics to ensure that our clients receive the full compensation they need for their medical bills, lost wages, pain and suffering, and other damages.
By allowing us to handle the insurance negotiations, you can focus on your recovery while we work to secure the best possible outcome for your case. Our goal is to maximize your compensation and hold the drunk driver accountable for their actions.
The Impact of Drunk Driving Accidents in San JoseWhat To Do After a Drunk Driving Accident in San Jose
Taking the right steps after a drunk driving accident can significantly impact your ability to recover compensation. Here’s what you should do:
Even if you don’t feel seriously injured, it’s essential to get checked out by a medical professional. Some injuries may not be immediately apparent, and prompt treatment can prevent complications.
If possible, take photos of the accident scene, the vehicles involved, and your injuries. This evidence can be crucial in proving the other driver’s negligence and the extent of your damages.
The police will document the accident and may arrest the drunk driver. Obtain a copy of the police report, as it will be a critical piece of evidence in your case.
If there were any witnesses to the accident, get their names and contact information. Witness statements can help corroborate your version of events.
Before speaking with the insurance company or accepting any settlement offers, consult with an attorney who specializes in drunk driving accidents. They can help you understand your rights and protect you from settling for less than you deserve. An attorney will ensure that you are not taken advantage of by the insurance companies and will fight for the full compensation you are entitled to.
It’s important to follow through with any prescribed treatments or medical advice. This not only aids in your recovery but also ensures that your medical records reflect the severity of your injuries. Insurance companies may try to downplay your injuries if you don’t follow through with medical treatment.
Insurance adjusters may attempt to get you to make statements that could harm your case or offer a quick, lowball settlement. It’s best to have your attorney handle all communications with the insurance company to protect your rights.
Understanding California Drunk Driving Accident Laws
Handling drunk driving accident claims in California can be complicated, but understanding key laws can help ensure you are prepared for the process. Here are some essential aspects to know:
In California, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, it is 0.01%. Drunk drivers who violate these limits and cause accidents can be held both criminally and civilly liable.
California follows a “pure comparative negligence” rule, which means that even if you are partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, your compensation will be reduced by 20%.
You generally have two years from the date of the accident to file a personal injury lawsuit in California. Missing this deadline can prevent you from recovering any compensation. However, there are exceptions, such as for claims against government entities, which may have shorter deadlines.
Under California law, establishments that serve alcohol are generally not held liable for damages caused by drunk drivers unless they served alcohol to a minor. However, the driver remains fully liable for the injuries and damages they cause.
In addition to compensatory damages, victims of drunk driving accidents may be entitled to punitive damages. These damages are meant to punish the drunk driver for their reckless behavior and deter others from engaging in similar conduct. Punitive damages are typically awarded in cases involving gross negligence or repeated DUI offenses.
How We Can Help You Maximize Your Compensation
At Scher, Bassett & Hames, we are committed to helping victims of drunk driving accidents recover the full compensation they deserve. Our comprehensive approach includes:
We conduct a detailed investigation into the accident, gathering all available evidence to support your claim. This includes police reports, witness statements, traffic camera footage, and medical records. We also work with accident reconstruction experts to strengthen your case.
We carefully calculate the full extent of your damages, including current and future medical expenses, lost wages, pain and suffering, and other losses. Our goal is to ensure that you are compensated for all of your injuries, both physical and emotional, as well as the long-term impact the accident has on your life.
Our attorneys are skilled negotiators who know how to handle insurance companies. We fight for the maximum settlement possible, leveraging our experience and legal knowledge to advocate for your best interests.
If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to trial. Our team has extensive experience litigating personal injury and drunk driving accident cases in San Jose, and we are not afraid to go to court to secure justice for our clients.
We understand that being involved in a drunk driving accident is a traumatic experience. Our attorneys provide compassionate support throughout the legal process, guiding you through each step and ensuring that you feel informed and empowered as your case progresses.
Contact Scher, Bassett & Hames Today
If you or a loved one has been injured in a drunk driving accident in San Jose, don’t wait to seek legal help. The sooner you contact us, the sooner we can begin building a strong case on your behalf. We offer free consultations to discuss your situation, answer your questions, and explain your legal options.
At Scher, Bassett & Hames, we are dedicated to securing the best possible outcome for each of our clients. We understand the challenges you face after a drunk driving accident, and we are here to help you navigate the legal system and pursue the compensation you deserve.
Don’t face this difficult time alone. Let Scher, Bassett & Hames be your trusted advocate in your drunk driving accident case. Contact us today to schedule your free consultation and take the first step toward justice and recovery.
Your San Jose Drunk Driving Accident Questions Answered
How long do I have to file a drunk driving accident claim in California?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. However, if your claim is against a government entity, such as if the driver was operating a government vehicle, the deadline may be shorter. It’s important to consult with an attorney as soon as possible to ensure you don’t miss any filing deadlines.
What types of compensation can I recover for a drunk driving accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related costs. In some cases, you may also be eligible for punitive damages if the drunk driver’s behavior was particularly reckless.
Can I still recover damages if I was partially at fault for the accident?
Yes, under California’s comparative negligence law, you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, your compensation would be reduced by 20%.
What should I do if the insurance company offers me a settlement?
Before accepting any settlement offer, it’s crucial to consult with an attorney who can evaluate whether the offer is fair and reflects the true value of your claim. Insurance companies often try to settle quickly for less than what your case is worth. An experienced lawyer can negotiate on your behalf to ensure you receive full compensation for your injuries.
How much does it cost to hire a drunk driving accident lawyer?
Most drunk driving accident lawyers, including Scher, Bassett & Hames, work on a contingency fee basis, meaning you only pay if we win your case. This allows you to pursue your claim without worrying about upfront legal costs. Our fee is typically a percentage of the settlement or verdict, and we will discuss this with you during your free consultation.
What should I bring to my initial consultation with a drunk driving accident lawyer?
For your initial consultation, it’s helpful to bring any documentation related to your case, such as medical records, accident reports, photographs of the accident scene and your injuries, insurance information, and any correspondence with the insurance company. This information will help your attorney assess the strength of your case and provide you with the best possible advice.