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Drunk Driver Accident Lawyer
Accidents can happen at any time. Unfavorable road conditions, unpredictable dangers, and even automobiles and their components malfunctioning are all reasons why accidents may not be avoided. Accidents aren’t always the result of someone else’s negligence. However, when someone intentionally decides to get behind the wheel after drinking, it’s a very different scenario. They are well aware of the fact that it is a poor decision and the potential ramifications. In Texas, drinking and driving isn’t taken lightly, and neither should you.
Nobody has the right to put other people at risk by driving under the influence of alcohol. If you or a member of your family has been harmed by a drunk driver, contact Texas Personal Injury Lawyers at (888) 997-2148. We are dedicated to assisting clients who have been hurt as a result of another person’s negligence and misconduct.
Drunk Driving Accident: What to Know
Impaired driving can cause many different types of crashes. While all have the potential to cause severe and fatal injuries, some are more likely to than others.
- Rear-end crash: When drivers who have been drinking or using other chemicals are behind the wheel, they generally exhibit a sluggish reaction time, making it difficult, if not impossible, to stop in time. If the driver is too close to begin with, this can be made worse.
- Head-on collision: Drunk drivers are more likely to swerve into the oncoming lane of traffic. This happens with little or no notice, posing a potentially deadly head-on collision. Head-on collisions are one of the most devastating forms of drunk driving accidents, frequently resulting in significant or life-threatening injuries.
- T-bone crash: A T-bone accident occurs when one car collides with another vehicle on its side. They’re also known as broadside or side-impact collisions. They happen when one motorist neglected to stop at a red light or stop sign. T-bone accidents are also some of the most dangerous and deadly incidents.
- Wrong-way crash: A wrong-way Accident occurs when a motorist drives the wrong way down a one-way street or enters a highway off-ramp. Wrong-way collisions on the freeway are almost always fatal to at least one person.
- Sideswipe collision: Sideswipe accidents are not as common or deadly as other sorts of incidents, yet they can result in significant property damage. They typically take place when two cars are driving side by side in the same direction and one swerves into the path of the other. Without the use of a vehicle tracking system, these drivers will lose sight of their vehicle if it is hidden. They might not be sure where their car is in relation to other automobiles because of their diminished spatial awareness.
You have rights and alternatives that a drunk driving accident lawyer at Texas Personal Injury Lawyers can assist you defend against whatever sort of accident a drunken driver caused you to be involved in. Your lawyer may look into the circumstances of your accident and attempt to hold the accountable party liable for any losses you suffered as a result of it.
Filing a Lawsuit Against a Drunk Driver in Texas
When someone else’s carelessness causes you harm, the consequences can be grave. When you combine alcohol with it, things become more difficult. Unfortunately, data show that driving under the influence (DUI) has been on the rise in Texas; despite a smaller number of automobiles on the road during the coronavirus epidemic, alcohol-related vehicle accident fatalities rose by 6.3% in 2020. In a wrongful death case, specific strategies will be required to ensure justice is served with compensation appropriate for the loss.
Compensation for Drunk Driving Accident Victims
Driving while intoxicated has numerous adverse effects on a driver’s ability to drive safely. Their reaction times, as well as their cognitive thinking skills, visual perception, coordination, attention, and other abilities are all impacted. Drunk driving accidents are frequently linked to high speeds or extremely hazardous circumstances, such as head-on and side-impact collisions.
Victims are likely to experience catastrophic injuries, such as traumatic brain injuries and spinal cord injuries. Injury victims also face the risk of hefty medical expenses and missed income, which can amount to hundreds or thousands of dollars. Contending with these losses, as well as the physical and emotional discomfort and anguish generated by the accident, might be extremely difficult.
At Texas Personal Injury Lawyers, Our attorneys fight aggressively for the best settlement for our clients. We may be able to assist you in recovering the following losses as a result of a drunk driving accident:
- Expenses for emergency care
- Ambulance fees
- Surgeries and other treatments
- Pain and suffering
- Lost income/wages
- Lost earning capacity due to disability
- Lost future earnings
- Counseling services/therapy
- In-home assistance
- Home modifications
- Loss of enjoyment of life
If your loved one passed away in a vehicle accident while under the influence of alcohol, we may be able to assist you with recovering wrongful death compensation such as medical expenses, funeral costs, the value of services and support provided by the deceased, and loss of love, companionship, consortium, counsel, and guidance.
It’s also possible to seek punitive damages in some drunk driving accident claims. These are a kind of compensation designed to punish the guilty party for gross negligence and/or willful or wanton misconduct.
Drunk Driving Laws in Texas
Texas, like every other state, has laws restricting the operation of a motor vehicle by a driver who has been drinking. While the official term is “driving while intoxicated,” or DWI, many individuals are familiar with it as driving under the influence, or DUI. In Texas, it’s against the law to drive while impaired by alcohol or drugs.
In the state of Texas, driving a car, motorcycle, truck, boat, or any other type of motor vehicle is prohibited in the following situations:
- With a blood alcohol concentration (BAC) of 0.08 percent or higher, you’re presumed to be driving under the influence if you have a valid driver’s license and are over 21 years old.
- Regardless of BAC, drink or drug impairment can cause a person’s judgment to be severely affected.
- When operating a commercial vehicle with a BAC of 0.04% or higher
- If the person is under the age of 21 with any measurable amount of alcohol
It’s also worth noting that operating a car in Texas does not always imply that it is in motion. Even if you are not driving but merely influencing the operation or enabling the usage of a motor vehicle, you may be charged and convicted with DWI.
Don’t Accept A Drunk Driving Accident Settlement Without Consulting With An Experienced Attorney.
Will a DWI Conviction or Dismissal Affect Your Personal Injury Case?
Drunk driving accident claims are filed in civil court. They have nothing to do with criminal penalties. This implies that the consequences of a criminal DWI case against the offender will not necessarily impact your personal injury or death lawsuit. A conviction, on the other hand, does not assure that your case will be successful. While a conviction can help establish that the defendant in your case was legally intoxicated and therefore irresponsible, it does not ensure victory for your case. Similarly, if the drunk driver’s case is dismissed, their charges are lowered, or they are not charged with DWI at all, this does not necessarily indicate that you don’t have a case.
We urge you to contact our drunk driving accident lawyer at Texas Personal Injury Lawyers for additional information, including how our team can assist you in preserving your rights. We have handled many drunk driving accident claims in civil court against at-fault drivers, businesses, suppliers, and other responsible parties. We’ve obtained millions of dollars for our clients by recovering hundreds of thousands of dollars in compensation.
Is the Drunk Driver Always At Fault?
While a vehicle accident caused by a drunk driver is usually attributed to the individual who was driving while intoxicated, this does not necessarily imply that they will be held entirely responsible. You are responsible for some of the victim’s costs if you were texting while driving, following an inebriated driver, or colliding with one who had slammed on their brakes. If you’re hurt in an accident, it’s critical that you contact a lawyer immediately to protect your rights and make sure you are well represented if the insurance company attempts to blame you.
Consequences Of Drunk Driving Accidents
According to the National Highway Traffic Safety Administration, approximately one-third of all fatal vehicle accidents are due to driving while intoxicated. Drunk drivers often drive faster, weave in and out of lanes, and ignore traffic signals as a result of their intoxication.T-bone accidents are relatively frequent, with the head-on collision representing a significant risk of severe injuries. They might result in hefty damages or loss of life:
Those who are injured or killed by a drunk driver are understandably enraged that their accident might have been avoided. It makes sense to want compensation for your losses when a third person’s carelessness causes you harm. If you were hurt in a DUI (Driving under the influence) accident in Texas, our DUI accident lawyers can assist you with receiving the compensation you deserve.
Insurance Companies Play A Major Role In Drunk Driving Accident Lawsuits
Because accidents caused by drunk driving frequently result in catastrophic injuries, the ensuing claim may lead to high-level litigation for an insurance company. As a result, if the defendant’s insurance carrier has adequate coverage (for example $1 million or more), the attorneys for the defendant’s insurance carrier are often unlikely to address liability.
Popular defenses include allegations that the injured party (i.e., claimant) caused the accident on his or her own, despite the fact that the culpable driver was under the influence at the time of impact. Some insurance companies may even demand that the plaintiff was driving in excess of the speed limit; this is something to watch out for. Also, it’s typical for the defenders to claim that any injuries were unrelated to the accident, regardless of their severity.
While this defense may not be available in the case of death or severe fractures and broken bones, it is frequently employed to treat individuals who have subjective types of injuries such as herniated discs in the neck or back that necessitate surgery. In such circumstances, defense attorneys will go to great lengths to try to disclaim responsibility for the alcohol-related accident by claiming that the neck or back problem was preexisting or progressive (i.e., non-traumatic) in origin and did not result from the event.
Even when our clients need surgery as a result of their injuries from these kinds of accidents, attorneys will often make such allegations. Prosecuting a serious drunk driving accident case will not be a simple matter, but rest assured, our knowledgeable and experienced DUI accident lawyers at Texas Personal Injury Lawyers will best represent your interests and needs in a case of that nature.
What Happens If The Drunk Driver Isn't Sufficiently Insured?
Another significant problem that arises in drunk driving incidents is that the offending driver was often inadequately insured, leaving victims without adequate compensation for the major consequence of the collision.
It is critical to conduct a comprehensive, timely, and thorough investigation to see whether any other party, such as a bar, restaurant, or tavern, shares responsibility for the accident by selling alcohol to an inebriated motorist.
To figure out the circumstances under which the drunk driver got intoxicated, an inquiry must be conducted to find out where he or she drank alcohol and how much was consumed and over what period of time.
It is also crucial to look for people who may have seen the person consuming the drinks. Finding witnesses is critical. To successfully argue a case against the service of beverages, it will be necessary to show that the offending driver was visibly intoxicated and yet was served alcohol that resulted in the accident based on a preponderance of evidence.
Witnesses who can confirm that the individual was slurring his or her speech while or immediately before being served alcohol, as well as evidence indicating that he or she was unsteady on his feet or loud and unruly (all of which might be indicators of intoxication) may provide proof.
A lawyer must collect enough evidence to potentially demonstrate a jury that the server of alcohol had adequate knowledge to recognize that the customer was already intoxicated when he or she was given alcohol. If this is shown, the liquor server’s business may be held responsible.
When the driver is woefully underinsured, proof of liability against the bar or tavern he works for may be crucial in drunk driving instances. Bars and taverns frequently have enough insurance to compensate the victim adequately. An experienced DUI accident lawyer in Texas will pursue every available avenue to find out exactly what happened to the intoxicated person before he or she got drunk.
How Our Lawyers Help Drunk Driving Accident Victims
A car accident caused by a drunk driver might be a living nightmare. Another person’s rash and selfish decision to drive while intoxicated may result in serious injuries and victims who must live with their injuries for the rest of their lives. Texas Personal Injury Lawyers is your one-stop shop for legal assistance. We know how to handle negotiations and litigation, as well as pursue justice and compensation for you.
- Your lawyer will defend you, not the insurance company’s profit margin. When you’re hurt in a drunk driving collision, your insurance company isn’t looking out for your best interests. They’re more concerned with their own bottom line. An insurance firm may be willing to settle quickly if it wants to do so at a low price. If you were injured by a drunk driver, our attorneys will listen to you and fight for your case while you heal. Our goals are the same as yours.
- Our lawyers know how to construct a claim and defend you. In a drunk driving accident claim, the victim must provide evidence of when, where, and how the incident occurred, as well as proof that the intoxicated driver was intoxicated. The following are some of the evidence that may be used to support your claim: photographs, medical records, breathalyzer results, police reports, expert testimony, court records, and insurance policies. We know how to evaluate all of the information and craft a strong case for compensation.
- We will challenge the insurance companies to get the information your claim requires. We’ll work with you, the police, and the opposing party to gather the evidence you need to win your case.
- Many drunk driving negotiations and trials have been handled by our lawyers. The insurance company may try to lowball you during negotiations. We understand how to evaluate your claim, and we’ll let you know if the other side’s offer is appropriate. If the claim goes to court, we’ll be there for you. Our attorneys have tried cases and received judgments in drunk driving cases before.
- Our lawyers will handle the case so you can concentrate on your recovery. Although most attorneys will write the majority of their clients’ documents, if you want your own lawyer to handle your claim, it’s crucial that he or she understands what needs to be done and what isn’t. You’ll need police reports, medical records, medical bills, lost income records, insurance policies, and on and on. It might be difficult to gather and organize all of these records. Building a case and dealing with other attorneys may be time-consuming. Your claim, and all of the papers it requires, will be handled correctly and that deadlines will be kept if you choose to work with us. Your responsibility is to recover from your injuries and return to normal life.
Compensation In A Personal Injury Claim
If you’ve been hurt by a drunk driver, it’s crucial to know what types of compensation are available. Our lawyers can assist you in determining how much money you may receive.
The following are a few of the things you may be eligible for compensation for:
- Medical Bills: Medical treatment might be costly, and the expenses can grow over time. Emergency care and reconstructive surgery are typical. Disfigurement, disability, and other severe injuries may need medical care and rehabilitation for the rest of a person’s life.
- Lost Wages: Working when you’ve been hurt in an accident caused by a drunk driver is difficult. Perhaps the injury caused you to miss time from work, or perhaps your job is now impossible. If that’s the case, you may be entitled to income replacement for both past and future lost salaries – as well as pain and suffering compensation if necessary. You may be able to recoup compensation for missed income if your ailments have prevented you from earning as much as you could.
- Property Damage: Automobiles, apparel, jewelry, and other personal belongings may be harmed or destroyed in a drunk driving collision. You may be eligible for compensation for the cost of repair or replacement.
Pain and Suffering: Injuries can lead to long-term physiological discomfort for victims. This pain and suffering may have a detrimental influence on their quality of life. Pain and misery can also be psychological in nature. Stress from a traumatic event can have severe and long-term emotional consequences. Disfigurement might reduce victims’ self-esteem and prevent them from leading a normal life for the rest of their lives. Anxiety, sadness, worry, and numerous other issues may develop as a result of stress.
Get Tough, Aggressive, And Strategic Legal Defense
Texas Personal Injury Lawyers is committed to providing exceptional legal services to our clients. If you’ve been injured in a drunk driver related accident in Texas, it’s critical to contact our attorneys.
For a free consultation, contact us immediately to learn more about your rights, call us at (888) 997-2148 if you’d like to talk with the law team from Texas Personal Injury Lawyers.