The Process for Reporting Unsafe Driving by Truck Drivers

If you believe that a trucking company is engaging in negligent or dangerous behavior, you have options to report these unsafe practices. If you have been a victim of a trucking accident and suffered injuries due to a truck driver or trucking company’s negligence, you should contact an experienced injury attorney as soon as possible.

To report unsafe driving by a truck driver, follow these steps:

1. Call 911

If you witness a dangerous or emergency situation on a roadway that involved a semi-truck or other commercial truck, call 911 immediately. This is important not only for your safety but for everyone else on the roadway. Make sure to give the 911 dispatch operator as much information as you can regarding the dangerous and unsafe behavior including a license plate number, if possible.

2. File a Complaint with the FMCSA

After calling 911, or if the behavior you see is not an immediate emergency but is still unsafe or negligent, you should file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) as soon as possible. The FMCSA is a division of the Department of Transportation (DOT) and has the authority to enforce federal trucking regulations and laws.

Some of the types of complaints you can file against an unsafe trucking company is as follows:

● Speed
● Distracted Driving
● Driving While Under the Influence of Drugs or Alcohol

If you are a truck driver and want to file a complaint with the FMCSA against your trucking company employer, you may be able to do so for the following reasons:

● Hours of Service. Requiring you to drive over the legal amount of time and not allowing rest breaks
● Maintenance and Inspection. Failing to maintain trucking vehicles in proper working order and failing to perform routine inspections to ensure trucking safety
● Record Keeping. Both drivers and trucking companies must maintain logbooks that document information such as maintenance and hours on the road. Any falsification or improper maintenance of these logbooks is a serious violation.

There is a National Consumer Complaint Database at the DOT that maintains all complaints against trucking companies. These databases are monitored so that the DOT can put a stop to any habitual violators of safety laws. By taking the time to report an unsafe trucking company or truck driver, you are helping populate the database and removing some repeat offenders from the roadways.

3. File a Complaint with the California State Department of Transportation

You may also file a complaint directly with the California Department of Transportation. Every state has its own rules and requirements for trucking, and California is no different. If you believe you have seen a trucking company violate state laws, you have the right to file a complaint directly with the State of California.

4. Contact an Experienced Accident Lawyer

If you, or a loved one, were a victim of a trucking accident due to an unsafe truck driver, or unsafe practices from trucking companies, you may be entitled to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

How to Report Unsafe Trucking Companies

Different models of powerful professional semi trucks for modal transport commercial goods, stand in a row on a truck stop parking lot in anticipation of the continuation of the working traffic schedule surrounded by green trees. How to Report Unsafe Trucking Companies, Dan Rose Law, truck accident lawyer

If you believe that a trucking company is engaging in negligent or dangerous behavior, you have options to report these unsafe practices. If you have been a victim of a trucking accident and suffered injuries due to a truck driver or trucking company’s negligence, you should contact an experienced injury attorney as soon as possible.

To report unsafe driving by a truck driver, follow these steps:

  1. Call 911

If you witness a dangerous or emergency situation on a roadway that involved a semi-truck or other commercial truck, call 911 immediately. This is important not only for your safety but for everyone else on the roadway. Make sure to give the 911 dispatch operator as much information as you can regarding the dangerous and unsafe behavior including a license plate number, if possible.

  1. File a Complaint with the FMCSA

After calling 911, or if the behavior you see is not an immediate emergency but is still unsafe or negligent, you should file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) as soon as possible. The FMCSA is a division of the Department of Transportation (DOT) and has the authority to enforce federal trucking regulations and laws.

Some of the types of complaints you can file against an unsafe trucking company is as follows:

  • Speed
  • Distracted Driving
  • Driving While Under the Influence of Drugs or Alcohol

If you are a truck driver and want to file a complaint with the FMCSA against your trucking company employer, you may be able to do so for the following reasons:

  • Hours of Service. Requiring you to drive over the legal amount of time and not allowing rest breaks
  • Maintenance and Inspection. Failing to maintain trucking vehicles in proper working order and failing to perform routine inspections to ensure trucking safety
  • Both drivers and trucking companies must maintain logbooks that document information such as maintenance and hours on the road. Any falsification or improper maintenance of these logbooks is a serious violation.

There is a National Consumer Complaint Database at the DOT that maintains all complaints against trucking companies. These databases are monitored so that the DOT can put a stop to any habitual violators of safety laws. By taking the time to report an unsafe trucking company or truck driver, you are helping populate the database and removing some repeat offenders from the roadways.

  1. File a Complaint with the California State Department of Transportation

You may also file a complaint directly with the California Department of Transportation. Every state has its own rules and requirements for trucking, and California is no different. If you believe you have seen a trucking company violate state laws, you have the right to file a complaint directly with the State of California.

  1. Contact an Experienced Accident Lawyer

If you, or a loved one, were a victim of a trucking accident due to an unsafe truck driver, or unsafe practices from trucking companies, you may be entitled to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

5 Post Car Accident Symptoms to Watch Out For

Modern car accident involving two cars on the road, Dan Rose Law, Car accident attorney

If you were involved in a car accident, you may have felt fine at the scene of the crash. Even immediately after, you may have felt that you suffered only minor injuries or no injuries at all. However, adrenaline can mask serious and life-threatening injuries, and after a car accident, it’s important to watch out for these five common symptoms that are not always immediately discovered or identified.

Traumatic Brain Injuries

Traumatic brain injuries (TBI) are one of the most common injuries suffered in car accidents.   Traumatic brain injuries are serious medical issues and can cause everything from mild to serious concussions. While brain injuries are oftentimes not felt immediately after an accident, days (or even weeks) later, a victim of a car accident will notice serious cognitive dysfunction. Traumatic brain injuries can leave victims with the inability to think clearly, motor skill issues, balance issues, confusion, nausea, personality changes, disorientation and more, for months or years.

Spinal Cord Injuries

Spinal cord injuries are very serious and can result in partial or complete paralysis.  In most cases, these types of injuries will be evident immediately, however, in other cases, they can take days to present themselves. Backs can feel sore after a car accident, and some people may consider that their pain is just muscular, and not a true spinal cord injury. However, spinal cord injuries can cause someone to become a paraplegic, quadriplegic or tetraplegic. These injuries often are permanent and can be life-altering requiring physical therapy.

Whiplash

Everyone has heard about whiplash after a car accident and some mistakenly regard it as a minor injury. However, whiplash can be a serious and severe injury. Adrenaline can mask a lot of pain and damage. Also, people may just feel slightly sore the day after the accident, and it is only until a few days have passed that they realize how serious their injury may be. Whiplash, if left untreated, can cause permanent damage. It can cause excruciating pain and easily take months of therapy to resolve.

Internal Injuries

After a car accident, a victim may notice some minor scrapes and bruises. It is important to watch for other more serious internal injuries, as these minor scrapes and/or bruises can be a warning sign that serious internal injuries have occurred in the traumatic impact of a car accident. Typically, internal injuries are never visible to the naked eye and diagnostic testing and imaging is necessary to determine the nature and extent of the injury. A doctor or medical professional should give you a complete medical evaluation following an accident to determine if there are any internal injuries.

Bone Breaks and Fractures

Similar to internal injuries and traumatic brain injuries, a car accident victim often does not notice that they have broken or fractured bones until days or weeks after the accident. While substantial bone breaks are easy to identify, smaller hairline breaks or fractures can present as minor pain, and a victim may dismiss this pain as an unimportant health concern. Always seek the medical advice of a professional for any pain you have after a car accident.

Contact an Experienced Accident Lawyer

If you or a loved one were a victim in a car accident and suffered injuries, it is always important to seek the medical attention of a doctor or other medical professional as soon as possible. To determine your legal options to recover compensation for your injuries, contact The Law Office of Daniel A. Rose and our experienced accident lawyers will be happy to assess the strength of your claim. Call for a free consultation today at 415-946-8900 or visit us online.

Common Causes and Liability in Trucking Accidents

The Federal Motor Carrier Safety Administration (FMCSA), a branch of the U.S. Department of Transportation, establishes rules and regulations related to the trucking industry. While these rules and regulations are intended to keep the roadways safe, many truck drivers opt to ignore safety guidelines and laws established for their safety, and the safety of others on the road. Trucking accidents can be catastrophic, leaving motorists severely injured or dead.

Statistics show that an accident involving a semi-truck or commercial truck is 10 times more likely to result in a death than a typical car accident between vehicles. Knowing the most common causes of trucking accidents, and liability for injuries can help you either avoid an accident or know what to do if you are ever involved in an accident with a semi-truck.

Trucking Accidents Caused by Truck Drivers

The number of trucking accidents has increased by 20 percent in the past two decades. The business model involving commercial truck drivers requires constant shipments of products to be made to obtain profit. While there are inherent dangers due to the vast size and weight of commercial trucks and semi-trucks themselves, there are also other dangers in driving these massive vehicles. Some common accidents that are the fault of the truck drivers include:

Inadequate or poor training regarding safety and driving of commercial trucks
Compensation structures and unrealistic schedules that reward faster speeds and more hours

Trucking Accidents Caused by Motorists in Passenger Vehicles

Trucking accidents are not always caused by commercial trucks, but rather passenger vehicles. Common accidents that are the fault of passenger vehicles include:

  • Unsafe driving such as changing lanes abruptly, attempting to maneuver around a truck making a right turn, improper merging, misjudging a truck’s speed, failure to slow down or speed up around a truck that is changing or merging lanes, passing unsafely
  • Driving between large commercial trucks
  • Abandoning a passenger vehicle in a travel lane or not moving a vehicle off the roadway
  • Driving in a “no-zone” which is the area beside and behind a commercial or semi-truck where the driver has either limited or no visibility

Liability in Trucking Accidents

Several different parties can have liability for a trucking accident. The most common parties to have liability include:

  • The driver of the passenger vehicle
  • The driver of the truck
  • The owner of the truck or trailer
  • The person (or company) that leased the truck from the owner
  • The shipper or loader of the truck’s cargo (as the cargo may have been loaded incorrectly and unsafely)
  • The manufacturer of any defective part or component of the truck that was a cause of the accident

As expected, companies will argue over who has liability and whose insurance company will have to pay for any injuries suffered due to the trucking accident. However, federal laws have halted the ability of trucking companies and owners to shift blame and remove themselves from liability.

Under the current federal laws, any trucking company that has trucking permits is responsible for any accident that involves a truck with its name or placard displayed.

Contact an Experienced Trucking Accident Lawyer

If you, or a loved one, was injured in an accident with a commercial truck or semi-truck, you may be facing a life-long disability, permanent injury or even wrongful death. Contacting an experienced trucking accident lawyer can help you understand your rights. We welcome you to call us for a free, no-obligation consultation and evaluation by a knowledgeable lawyer. Learn more about what you can expect when you call and about our experience, reputation and commitment to our clients.

What is the Timeline for a Car Accident Case in San Francisco?

If you have suffered injuries in a car accident, your main concern may be how long a car accident case in San Francisco will take in order to receive compensation for your medical or physical therapy bills, loss of wages and possible pain and suffering.

The statute of limitations in California to either settle your case or file a complaint regarding your claim is approximately two years. If you have a claim against a state or local government, you have only six months to file a claim.

While each car accident and injuries are unique, there are two periods of time within your case that are the most significant.

Two Months After Medical Treatments Are Finished

While you should file your complaint with insurance companies immediately, oftentimes, if you have serious injuries, you will require ongoing medical care. Determining an exact timeline for a car accident case is challenging as each person’s medical needs and treatment will be different. However, approximately two months after your medical treatment is complete, a majority of personal injury cases are settled.

Typically, personal injury cases related to a car accident are settled in this window of time if the personal injury case meets the following criteria:

  • A person was diagnosed with a specific and identifiable injury
  • The injury is not permanent, substantial, or long-lasting
  • No future medical treatment is required
  • No pre-existing conditions existed in that part of the body
  • The person with injuries had private health insurance
  • The person with injuries was not responsible or at-fault for the accident
  • The party being sued is not a government entity or employee

Six Months After Filing a Lawsuit

Insurance companies are notoriously known for refusing to compensate victims with personal injuries for their claims. In these instances, the victim should contact an experienced car accident attorney to help strengthen their case, and file a lawsuit on their behalf.

The process of a lawsuit typically involves a formal, written discovery of all documents and information regarding the car accident. Depositions need to be taken by attorneys, and all evidence needs to be accounted for and presented. This process typically takes approximately six months.

At this point, the insurance company may see that the personal injuries and damages related to the car accident are valid and pay the compensation due for medical bills, lost wages and pain and suffering. If the insurance company refuses, then the case will go to trial.

Consult an Experienced San Francisco Personal Injury Lawyer

If you have been the victim of a car accident and suffered personal injuries, negotiating with insurance companies can drastically extend the timeline for you to receive compensation for your injuries, lost wages, and pain and suffering.

The Law Office of Daniel H. Rose is a car accident law firm that has experience handling car accidents involving serious injury or death. We have a sincere commitment to victims of car accidents and will work on your behalf to ensure that insurance companies will pay the full compensation you deserve. Contact our experienced car accident attorneys today at 415-946-8900 or online today.

Federal Rules Truck Drivers Are Required to Follow

The Federal Motor Carrier Safety Administration (FMCSA), is a branch of the Department of Transportation in the U.S. that governs and enforces trucking rules and regulations. If a truck driver operates a Commercial Motor Vehicle (CMV), these rules and regulations are applicable, as they were established to keep truck drivers, other motorists, and our roads safe.

However, it is no secret that commercial trucking companies make a profit from each shipment that is delivered. Shipment delays can affect their bottom line, and as such, many truck drivers fail to follow the guidelines and laws established to ensure the safety and protection of other motorists. Oftentimes, large trucking accidents leave motorists severely injured or dead. Knowing the federal rules that truck drivers are required to follow helps to keep everyone on the roadways safe.

Federal FMCSA Rules

  1. License

According to Title 49, Part 383 of the FMCSA, an operator of a CMV must have a commercial driver’s license (CDL). A truck driver must be 21 years of age, pass the CDL tests, hold a regular driver’s license, have a clean driving record, and be in good physical condition.

  1. Hours of Service

Truck drivers operate their CMV for long hours, which can lead to fatigue and poor decision making. The Hours of Service Regulations were enacted to ensure that truck drivers follow safe guidelines for rest and sleep, keeping themselves and our roadways safe. These guidelines are strict — and enforced — so that truckers comply with the regulations by only working for certain periods of time before they must take a break from driving their CMV.

  1. Logging Hours Electronically

Truck drivers are required to maintain an Electronic Logging Device, which connects to their truck’s engine and records their driving times accurately. These devices are mandatory in order to comply with the Electronic Logging Device Rule and make it easier for truck drivers to track their mileage.

  1. Training and Physical

Truck drivers sit for long hours, and oftentimes transport hazardous material in perilous conditions. In order to stay compliant and keep their CMV license, a truck driver must undergo special training and pass a physical exam every two years.

  1. Alcohol and Drug Testing

      While federal laws prohibit motorists from driving under the influence of alcohol or drugs, the FMCSA has established stricter policies regarding the abuse of these substances. The following are the rules established by the FMCSA:

  • No CMV driver must have a blood alcohol content above 0.02 when operating a truck
  • No CMV driver may carry alcohol with them while driving (unless it is part of the cargo)
  • No CMV driver can consume any alcohol or drugs for eight hours prior to the beginning of their driving shift
  1. Securing Cargo

Ensuring that the cargo carried is secure is imperative for the safety of the CMV driver and other motorists. The FMCSA has established guidelines, which were updated in 2004, that require trucking cargo to be tied down and secured in specific ways to ensure safety for our roadways.

Contact a Trucking Accident Lawyer

If you, or a loved one were affected by a trucking accident in California, put your case in knowledgeable and experienced hands. Call The Law Office of Daniel H. Rose at 415-946-8900 for a free, no-obligation, confidential initial consultation and case evaluation by a knowledgeable truck accident personal injury attorney.

How Your Fitbit Could Be Used in Your Personal Injury Case

In our age of digital technology, almost all of our movements (both online and offline) can be tracked through some sort of computerized device. Technology has become so advanced that we can now wear a fitness computer on our wrists. This wearable device, Fitbit, tracks physical activity, caloric intake, daily steps, heart rate, sleep, and even weight. Documentation of physical location, activity, and health can become important evidence in your personal injury case, to show how your quality of life has been affected since the time of your personal injury due to the negligence of another.

Fitbit

A Fitbit is a wearable device that can attach to your wrist or belt. Other companies have similar products, such as the Apple iWatch, Garmin watches, and Nike trackers, along with many others. While most Fitbit owners utilize them to track their fitness levels and overall health, they can become a “black box” for the activity and even the physical location of the wearer.

Evidence in a Personal Injury Claim

A Fitbit stores a warehouse of information regarding the user. Several years ago, the first case was made to introduce fitness tracker data into evidence. Since that time, fitness tracker data has been introduced into evidence to either support or negate the stories told in the courtroom. For example, a fitness tracker device was used to prove the following:

  • That a victim was not physically at the location of the assault she claimed took place
  • The activity levels of a victim did not decrease as he suggested they did due to a personal injury claim

When an injury is not visible, it is possible to show how you have been impacted physically by the negligence of another through the data located on your Fitbit or other fitness tracker device. Oftentimes, a medical expert will be called to testify in your personal injury case. However, a fitness tracker can show how your personal injury has affected you on a daily basis and impacted the quality of your life.

It is important to note that the data discovered can also be potentially discovered by the other side to determine that your injuries are not as severe as you claim or that you were not in the physical location you testified about in a court of law. Contacting a personal injury lawyer will help you understand your rights, and how a physical tracking device could be used for or against you in your personal injury case.

Contact a Personal Injury Lawyer Today

Your Fitbit or other fitness tracker data technology could prove useful in your personal injury case.  If you have suffered a physical injury due to someone else’s negligence, find out if your Fitbit or fitness tracker can help or possibly hurt your claim. In California, call on the Law Office of Daniel H. Rose for compassionate advocacy and knowledgeable guidance. Request your complimentary consultation today by contacting our firm at 415-946-8900.

Posted in General
September 6th, 2019 by Daniel Rose

5 Important Things You Need to Know About Pedestrian Accidents

From hit-and-run accidents to side-swiping and curb-jumping accidents, pedestrians are among some of the most vulnerable when it comes to the injuries they sustain when involved in an accident. If you’ve suffered injuries due to a pedestrian accident, you must get the medical attention you need as soon as possible. 

From there, it’s important you understand these five things about pedestrian accidents. Then reach out to a passionate, experienced personal injury attorney to discuss your options.

1. You have the right to compensation after a pedestrian accident.

California law provides you with the right to seek compensation against individuals who cause you harm due to their negligent behavior. This right applies in all injury cases, including pedestrian accidents. 

The types of financial compensation you can seek will depend on the specific facts of your case. Speak to an experienced personal injury lawyer about whether the following types of damages apply in your case:

  • Medical bills (physical and psychological)
  • Short or long-term care bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Rehabilitation costs

2. California law takes your actions into account when apportioning blame. 

You must use reasonable care when walking. Failure to use reasonable care means you were negligent and have some blame in your accident. 

For instance, were you walking at night without a flashlight or reflective clothing? Did you cross at a crosswalk when the “don’t walk” signal was up? These are just a couple of examples of negligent behavior that can affect how much you may be able to recover in a personal injury lawsuit against the driver.

3. The term “pedestrian accident” applies to more than people who were out walking.

If a driver hit you while you were walking, jogging, running, riding a skateboard, rollerblading, using a wheelchair or other assistive device, or even sitting, then you are considered a pedestrian and California’s pedestrian accident laws apply.

4. The term also applies to accidents that do not involve vehicles.

When you hear the term “pedestrian accident,” you most likely think of accidents involving walkers and drivers of motor vehicles. That’s only one aspect, however. Pedestrian accidents also involve claims where pedestrians suffered injuries due to broken sidewalks, negligently maintained parking lots and related issues. 

In such cases, the at-fault party isn’t an individual but is instead a property owner, business, city or other municipality, or another third party.

5. There is a time limit for filing a pedestrian accident lawsuit.

In general, you have two years from the date of your pedestrian accident to file your lawsuit. That said, it is incredibly important to contact an experienced personal injury attorney as soon as possible after your accident so you can preserve evidence and begin building your case. 

Contact a Personal Injury Lawyer if You’ve Been Hurt in a Pedestrian Accident

Do not face a pedestrian accident lawsuit without the advice and assistance of a dedicated personal injury attorney. In California, call on the Law Office of Daniel H. Rose for compassionate advocacy and knowledgeable guidance. Request your complimentary consultation today by contacting our firm at 415-946-8900.

Options Injury Victims Have After Being Hit by a Drunk Driver

Drunk driving-related accidents occur at alarming rates, with estimates that approximately two in ten Americans will be involved in such accidents in their lifetimes. 

But perhaps you already know this? Perhaps you or someone you love has already been hit by a drunk driver or was a passenger in an alcohol-related crash? If so, then it’s important to understand what options you or your loved one has post-accident.

You Can Pursue an Insurance Claim

Before you decide whether to file a lawsuit against the drunk driver, you can first start talking about a settlement with the driver’s insurance company. California law requires drivers to carry auto insurance. Contacting the insurer to seek full compensation and informing them that you may be pursuing legal action as well may be just what you need to start getting your medical bills and car repair bills paid. 

In the alternative, if you have personal injury protection (PIP) coverage on your own auto insurance policy, you can file a claim through your own insurance company so you can pay your bills. This route may be easier than working with the drunk driver’s insurer.

You Can Sue the Drunk Driver After the Accident

If you were hurt in a drunk driving-related accident, you have the right to seek financial compensation from the drunk driver in a personal injury lawsuit. Speak to a knowledgeable personal injury lawyer about the types of compensation that may be available to you, such as:

  • Medical bills (physical and psychological)
  • Short or long-term care bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Repair bills for your vehicle
  • Rehabilitation costs
  • Punitive damages to punish the driver and deter future drunk driving

To get compensation for any or all of the above, you must be able to prove that the driver was negligent and that, due to that negligence, you sustained injuries. Negligence under California law simply means failure to use reasonable care when driving. 

But First, Call a Personal Injury Attorney

Before you make any lawsuit decisions and before you speak with anyone’s insurance company, be sure to pick up the phone to call a personal injury attorney who can help you understand your full course of options. 

At the Law Office of Daniel H. Rose, we’ll work with you to determine what next step will work best in your situation. We’ll be aggressive in seeking to hold the drunk driver responsible for what they’ve done to you. And, at all times, we’ll be your strong advocate in and out of court. Contact us today at 415-946-8900 to schedule your complimentary consultation.

How Wrongful Death Claims Against Drunk Drivers Work in California

A little over 10 percent of all fatal drunk driving accidents in the US occur right here in California, according to the most recent numbers coming from the National Highway & Traffic Safety Association (NHTSA). That’s over 1,000 people killed each year in our state, all due to drunk drivers.

If you’ve lost someone you love in a drunk driving accident in California, you need to know your options for moving forward. You need the help of a skilled personal injury lawyer to understand how a wrongful death claim would work in your situation.

First, Determine if You Can Bring a Wrongful Death Claim

A civil claim for wrongful death involves an aggrieved party pursuing a lawsuit against the drunk driver in civil court. Before you can file your case, you must first be able to prove that you fall within one of the named categories of parties who are able to bring such claims in California civil courts. 

According to California’s wrongful death statute (California Code of Civil Procedure Section 337.60, et seq.), the following parties may pursue such a claim:

  • The deceased’s surviving spouse
  • The deceased’s surviving domestic partner
  • The deceased’s surviving children
  • Issue of the deceased’s children
  • Absent one of the above, then anyone “who would be entitled to the property of the decedent [deceased] by intestate succession” 

In addition, these individuals may also bring a wrongful death suit:

  • Anyone who was financially dependent on the deceased
  • The deceased’s putative spouse
  • Children of the deceased’s putative spouse
  • The deceased’s parents
  • Stepchildren
  • A minor who lived with the decedent for at least the previous 180 days and was dependent on the decedent for at least one-half of all financial support

If some of this terminology is confusing, rest assured that a skilled personal injury attorney can speak with you to help you determine whether you can bring a wrongful death claim in California civil court.

Next, Determine the Damages You Can Seek 

Assuming you can bring a claim, you will be able to seek damages (financial recovery) for many costs associated with your loss, including:

  • Funeral and related final expenses
  • Medical expenses incurred after the drunk driving accident
  • Lost income, including the deceased’s lost potential income
  • Loss of anticipated financial support
  • Loss of household services
  • Loss of love, companionship, support, affection, comfort and care

Additionally, punitive damages—also known as exemplary damages—arise in wrongful death cases to punish the drunk driver for their behavior. Courts also allow them due to the message they send to the community at large: this behavior is not tolerated and, as such, deserves additional consequences.

Punitive damages are never guaranteed in wrongful death claims against drunk drivers. That is why it’s important to hire an experienced personal injury lawyer to help you layout your case clearly and help you prove all necessary elements of your claim.

Let a Skilled Lawyer Help You With Your Wrongful Death Claim

If you’ve lost a loved one due to a fatal drunk-driving crash within the past two years, speak with an injury attorney about pursuing a wrongful death claim. Your attorney will help you determine what you’ll need to prove, the evidence you’ll need to do so, and how to best prepare you for the coming days and months of discovery and, potentially, trial. 

If you’re in California, consider reaching out to the Law Office of Daniel H. Rose. We’ll sit with you in a complimentary consultation and help you determine if you have a claim to pursue. If you do, we’ll walk alongside you to get you the justice you deserve after losing your loved one. To schedule a consultation, contact us today at 415-946-8900.