Child & Jackson can help you or someone you care about that’s been injured in a car accident caused by another driver being under the influence in Folsom. A car accident is never easy to deal with. When the other driver is under the influence of alcohol or drugs, everything tends to feel more overwhelming. But it doesn’t change your options, and our team will be there to guide you through it. Set up a free consultation today to talk through your options.
Do You Need a Lawyer After a DUI Accident?
Not every accident requires legal help. If the crash is minor and nobody is seriously hurt, you may be able to work things out directly with insurance. But DUI-related accidents are rarely simple. In situations like that, having our team step in and handle the process can make things easier on you. That usually includes taking care of things like:
- Looking into how the accident actually happened and what led up to it
- Collecting police reports and confirming whether impairment played a role
- Gathering your medical records and making sure everything is documented properly
- Dealing directly with insurance adjusters so you don’t have to
- Pushing back if the insurance company tries to downplay your injuries
- Moving the claim forward or filing a lawsuit if that becomes necessary
Most people don’t expect how time-consuming and frustrating the insurance process can be, even though it’s pretty clear that the other driver was under the influence. But insurance isn’t your only option with one of these accidents.
What Your Legal Options Look Like After a DUI Accident in Folsom
One thing that surprises many people is that there are usually two separate processes happening after a DUI accident.
The first is the criminal case that gets handled by the state. The driver is probably going to face fines, license suspension, or even jail time depending on the situation. But the other (arguably more important) process is your civil case. That’s the part that focuses on you—your injuries, your bills, and how your life has been affected. From your perspective, your options usually look like this:
- You can file an insurance claim and try to resolve the case through a settlement. This is often the first step.
- If the insurance company won’t give you a fair offer, you can file a personal injury lawsuit and take your case to court.
Most cases don’t go to trial, but having that option is important because it often influences how insurance companies approach the claim. When a claim is filed, the focus shifts to what you have lost because of the accident. Every case is different, but damages often include things like:
- Medical expenses, including emergency care, follow-up visits, and rehabilitation. Ongoing treatment costs are also often part of your damages if recovery takes time.
- Lost wages if you had to miss work. In more serious cases, there may also be damages for reduced future earning ability if the injuries affect your long-term work.
- Property damage, including repairs or replacement of your vehicle and any personal property that was damaged.
- Pain and suffering, which reflects the physical pain and discomfort caused by the injury itself.
- Emotional distress, which can include anxiety, stress, or difficulty returning to normal routines after the accident.
- Loss of enjoyment of life if the injuries affect your ability to do things you normally would.
Something important to note here (even though it’s hard to think about) is that DUI accidents often turn fatal. That can lead to a “wrongful death” claim where you and your family can try to get funeral and burial expenses among other damages. One way or the other, California law places time limits on how long you have to file a claim. As it stands now, you only have two years from the date of the accident to file, so it’s important not to wait too long before taking action.
What You Should Look For Right After a DUI Accident
Even though a DUI accident is extremely disorienting, it’s still a car accident. In fact, in the crucial moments right after the collision, you’re probably not even going to know that the other driver is impaired. However, that’s going to become more evident when you try to interact with them—if they stick around at all.
It’s important not to confront them or accuse them of anything. Rather, your focus needs to be on getting medical help for your injuries and looking for certain pieces of information like:
- Pictures/videos of the vehicles, road conditions, traffic signals, and any visible injuries you see
- Names and contact information of witnesses or bystanders
- License and insurance information from the other driver (if you feel comfortable)
Doing this is going to settle things down a bit, and but it’s equally important to:
- Call 911 and report the accident to get an ambulance and police response.
- Once police arrive, stick to the facts about what happened.
- Let police handle any interaction with the driver. They’re trained to look for signs of impairment.
- Let EMTs look you over. If you’re injured, have them take you to a hospital for treatment.
Even if it feels like a lot at the time, getting what you can at the scene and keeping track of things later can make filing a claim easier.
Legal Responsibility For DUI Accidents in Folsom
A DUI is one of the clearest forms of negligence under California law. But one thing that people don’t think about is that legal responsibility doesn’t always just include the driver—although the driver carries the majority of the liability.
It’s basically about narrowing down:
- Who provided the alcohol or drugs to the person
- Whether they knew, should’ve known, or didn’t try to stop the person from driving
For example, whoever owns the car and allowed an intoxicated person to drive it can share some of the responsibility for the accident. The same goes for party hosts, event planners, and even owners/managers at a bar.
And then there’s all the other regular parties like:
- Other drivers
- Car or parts makers
- Pedestrians or bicyclists
- Government agencies
Like any other car accident, it comes down to what actually happened. That means the details are important, and that includes where, when, and how these kinds of things happen.
Common DUI Accidents in Folsom
Since they all happen for the same basic reason, it’s actually pretty easy to see the patterns that come with DUI car accidents here in Folsom:
- A lot of these start with rear-end collisions. You’re just slowing down like traffic ahead of you, but the other driver doesn’t register it in time. That happens a lot near busy intersections or stretches where traffic is stop-and-go.
- Head-on collisions are usually more serious. That’s when a driver drifts across the center line or ends up in the wrong lane altogether. When that happens, there’s very little time for anyone to react, and the impact tends to be severe.
- T-bone or side-impact accidents often show up at intersections. It’s usually a driver blowing through a red light or rolling through a stop sign without really processing what’s in front of them.
- Rollovers can happen when someone is driving too fast for conditions or tries to correct a mistake too sharply. Once a vehicle loses control like that, it can turn into a much more dangerous situation for everyone inside.
- Pedestrian injuries are another serious concern, especially in areas around Folsom where people are walking through crosswalks, neighborhoods, or near shopping areas. A driver who is impaired may simply not see someone in time.
- Bicycle accidents tend to happen in similar ways. A cyclist is often right there in plain sight, but the driver is distracted, slowed down mentally, or not fully aware of what’s around them.
When you look at all of these together, the pattern is usually the same. It’s not that the road itself is unpredictable. It’s that the driver’s ability to react in time is gone, and that’s what leads to the collision.
Child & Jackson Can Help After a DUI Car Accident in Folsom
Driving under the influence is one of the most common causes of car accidents here in Folsom, but that doesn’t change what you and the rest of your support system are left with when you’re the one that’s injured. That’s where our team at Child & Jackson can really help you. We’ll explain what your options look like and what the path forward will probably involve. Set up a free consultation today to get started.