Due to the pandemic, there will probably be fewer holiday parties and perhaps less celebrating this year. Regardless, it is worth remembering that many car accidents are the result of people getting behind the wheel while intoxicated. Unfortunately, these accidents can result in serious injuries and even death, leaving the victims and their families with considerable financial, emotional, and physical burdens. If you’ve been injured in a car accident and the other driver was intoxicated, an experienced San Luis Obispo car accident lawyer can help you get the compensation you deserve. 

The Difference Between a Criminal Prosecution and a Personal Injury Claim

Most DWI cases will result in criminal charges, especially if the other driver caused an accident that resulted in serious injuries. While this is a big step in holding the other driver accountable for their actions, the prosecution is not focused on compensating you for your injuries. The other driver may eventually be ordered to pay restitution, but there are no guarantees that this will happen, and the ordered restitution may not cover all of your losses. 

As a result, it is important to understand that you can still pursue a personal injury claim even if the other driver has been charged with DWI. You have the right to seek compensation for your injuries independent of the charges that the other driver may be facing. Furthermore, there is always the possibility that the other driver may be acquitted, get the charges dismissed, or plead guilty to a lesser charge as part of a plea deal. A San Luis Obispo car accident lawyer can make sure you get the compensation you need. 

Driving While Intoxicated is Negligent Driving

In almost every car accident case, the main issue is proving that the other driver was negligent. This can be difficult in many cases, as speeding or making an unsafe lane change may not be considered negligent by everyone. That said, evidence that the other driver was driving while intoxicated is typically sufficient proof of their negligence. 

An experienced San Luis Obispo car accident lawyer will be able to gain access to the evidence at the scene that demonstrates their intoxication – the police cameras, the accident reports, or even testimony from the officer at the scene. This evidence can be vital in proving your case, but obtaining it can be somewhat difficult. 

Contact a San Luis Obispo Car Accident Lawyer for Help

If you’ve been injured by someone who was driving while under the influence of alcohol or drugs, we can help you get the compensation you need to make a full recovery. San Luis Obispo car accident lawyer Earl E. Conaway, III has the knowledge and experience you need to get results. Call us at (805) 546-8797 or complete our online contact form to schedule a free consultation to discuss your case and how we can help.