Drunk Driving Accidents

San Jose Personal Injury Attorneys — (800) 900-0863

Drunk driving is a persistent issue and hazard on the roadways of the United States. According to data collected by multiple safety organizations and associations, it is a problem that appears to be getting worse by the year. With thousands of car accidents caused by intoxicated motorists occurring each year, the unfortunate underlying truth is that everyone who goes onto a public road is at risk of being struck by a drunk driver and suffering catastrophic injury.

If you or someone you love has been hit by a drunk driver and seriously injured, you can rely on Caputo & Van Der Walde LLP to bring you experienced, compassionate, and quick-thinking representation for your personal injury claim. We are adamant about ensuring irresponsible drunk drivers are held accountable for the damage they cause. Using our 100+ years of collective legal experience, we know how to dismantle the arguments of the opposition and place full liability on them.


Schedule a free case evaluation with our San Jose car accident attorneys today.


Recoverable Damages After a Drunk Driving Accident

Causing a drunk driving accident is a violent crime with serious penalties in California. However, if the intoxicated driver is punished by a judge or jury, the criminal justice system may do nothing to compensate victims for their injuries and the costs of their medical care resulting from the accident. In order to be compensated for the damages, people hit by drunk drivers most often need to file an injury claim on their own accord. This is where our San Jose personal injury lawyers can step in and take over, managing your claim from start to finish so you can focus on recuperation.

Common injuries reported after a drunk driving accident include:

Victims of drunk driving accidents may need multiple surgeries, years of physical therapy, and other special medical care that helps them regain functions of damaged body parts. Many may not be able to work, or must make a radical and unexpected career change. Families who lose a loved one must adjust not only to an emotional hole in their lives, but also the permanent loss of an income and a helpmeet. Money may not be able to bring back the life a victim led before an accident, but it can help ease the grief caused by sudden adjustments and eventually bring peace of mind.


Learn what compensation you might be able to recover by calling 800.900.0863.


Pedestrian Accidents Caused by Intoxicated Drivers

According to the National Highway Traffic Safety Administration (NHTSA), there are more pedestrian fatalities in California each year than any other state across the country. Specifically, the NHTSA's Fatality Analysis Reporting System (FARS) shows that there were a total of 7,056 fatal pedestrian accidents in California over an 8 year period from 1997 to 2005, and thousand more non-fatal. To make matters more upsetting, approximately 20% of the recorded fatal pedestrian accidents were deemed to have been caused by a driver who was under the influence of alcohol.

Wrongful Deaths Caused by Drunk Driving

According to the National Highway Traffic Safety Administration, 2005 statistics showed that alcohol was a factor in 39% of all fatal automobile crashes nationwide and 40% of fatal crashes in California. All of these deaths – and thousands more disabling and disfiguring injuries – are completely avoidable when drivers behave responsibly.

Caputo & Van Der Walde LLP and our San Jose wrongful death lawyers want to do our part in reducing these statistics as much as possible. We believe that irresponsible drivers will only learn not to keep drinking and driving by being penalized financially. Using our legal resources, you can file a claim for fair and maximized compensation, paid by the liable party and their insurance companies. You can learn more about what to do after your loved one is taken away by a drunk driving in a free case evaluation with our team.

Primary Causes of Brain Injury

Drunk driving accidents are a leading cause of serious brain injury. Drivers who are intoxicated behind the wheel are more likely to fail to realize how fast they are traveling and may not register traffic signals. The result is often a catastrophic, high-speed collision that causes a TBI, or traumatic brain injury.

Symptoms of a TBI include:

  • Unconsciousness
  • Migraines
  • Nausea and dizzy spells
  • Memory loss
  • Insomnia or over-sleeping
  • Mood swings

If you were in a car accident caused by a drunk driver and are experiencing any of the aforementioned symptoms, or other unusual symptoms that are hard to place, you might have suffered a brain injury. Please seek medical attention as soon as possible. The longer a brain injury goes undiagnosed, the more harm it can cause.

Bicyclists Hit by Reckless & Intoxicated Drivers

It is often difficult enough to see bicyclists on the road, particularly at night. However, if a motorist is under the influence of alcohol, the ability to avoid obstacles, including other drivers and bicyclists, is greatly diminished. In fact, studies show that motorists who are under the influence of alcohol while operating a motor vehicle are often unable to perform more than one task at a time, such as paying attention to the road ahead and looking for bicyclists in adjacent lanes.

According to the National Highway Traffic Safety Administration, alcohol was involved in 37% of bicyclist deaths in 2008. In car accident cases where it has been determined that a motorist was under the influence of alcohol at the time of the bicycle accident, the negligent motorist not only faces stiff criminal penalties, but civil penalties as well.

Caputo & Van Der Walde LLP Helps You Obtain Justice

If you or someone you love has been hit of a drunk driver, you should speak with our experienced San Jose drunk driving injury lawyers at Caputo & Van Der Walde LLP as soon as possible.

You may be able to receive compensation for:

  • Medical bills
  • Auto or bicycle repairs
  • Lost income
  • Pain and suffering
  • Continued medical costs
  • Lessened enjoyment of life

Caputo & Van Der Walde LLP has helped hundreds of injured clients seek justice through the civil courts. We are proud to have won millions of dollars for our clients through successful verdicts and settlements. We are recognized as leaders in personal injury law because we believe every client – no matter how small their case – has the right to assertive, competent representation in and out of a court of law. People also choose to work with us because of our contingency fees, which means we do not accept attorney fees unless we win a beneficial outcome for our client.


To speak with our San Jose car accident attorneys, call us today for a free consultation at (800) 900-0863.


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