Fatal Drunk Driving Accidents
California Fatal DUI Accident Attorneys
Wrongful Death and Drunk Driving
According to the National Highway Traffic Safety Administration, drunk drivers cause more than 30 percent of fatal car accidents each year. When a drunk driver causes a needless death Walkup's drunk driving auto accident specialists are available to obtain compensatory and punitive damages for your losses. The California fatal drunk driving accident attorneys at Walkup, Melodia, Kelly & Schoenberger work hard to help grieving families cope with the legal and financial issues of a drunk driving death
Helping Victims' Families Since 1959
At Walkup, Melodia, Kelly & Schoenberger, we have focused our practice on obtaining financial compensation for wrongful death survivors for more than five decades. Our firm was at the forefront of automobile accident wrongful death litigation in the 1960s, and we continue today with the same energy and skill. We have recovered settlements and judgments totaling in the hundreds of millions of dollars in financial compensation for wrongful death heirs. Our law firm has the financial resources, experience and knowledge to recover what is owed to wrongful death survivors.
The Civil Side of Fatal Drunk Driving Accidents
California law generally does not permit the recovery of punitive damages in wrongful death cases - except in very limited circumstances - and drunk driving is one of those exceptions. Where a drunk driver causes injury and death punitive damages may be recovered to make an example of the wrongdoer. In most cases where drunk driving causes injury the wrongdoer faces two separate legal actions: a criminal complaint and a civil claim. In the criminal case, the State's prosecutor works to send the drunk driver to jail by proving beyond a reasonable doubt that the driver was under the influence of alcohol or drugs and that his or her actions caused the accident. The civil case is as important, if not more important, to the family as the criminal case, as it provides compensation for their loss.
A civil wrongful death case against the drunk driver and his or her insurance company has a lower standard of proof compared to the criminal case: a preponderance of the evidence. When the evidence shows that it was more likely than not that the drunk driver's negligence caused the accident they can be found liable for wrongful death. Where it is shown by clear and convincing proof that the drunk driver's conduct was reckless or carried out without regard to the rights and safety of others, punitive damages are appropriate. Our lawyers understand these distinctions. Walkup lawyers always seek to obtain maximum legal compensation for survivors. Our experience with complex motor vehicle cases means our attorneys understand how to build the strongest case for financial compensation.
When we bring a wrongful death claim after a fatal drunk driving accident, we:
- Quickly secure and preserve evidence of the accident
- Use well qualified experts in toxicology, accident reconstruction, human factors and other disciplines to reconstruct the accident
- Calculate the full extent of your losses, loss of love, affection and companionship, economic support and the financial losses you have suffered
- Aggressively prosecute your claim in court and negotiate with the insurance company for fair compensation - and if fair compensation cannot be obtained by negotiation, then Walkup lawyers try the matter to a jury to obtain the largest verdict possible
- Skillfully advocate for our clients in court
Contact our California wrongful death lawyers now, before the evidence is destroyed. Make an appointment for a free consultation. 1.888.564.8254 or 1.415.658.9310.
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