Drunk Driving Accidents FAQs
If my loved one was killed by a drunk driver, can the driver be sent to jail and can I sue him for damages?
Under Texas law, drunk drivers may be prosecuted both in the criminal and civil court system. The driver may face jail time through the criminal courts, and you may also file a lawsuit to recover damages for your injuries and property loss in civil court.
What kind of damages can I recover if I’m injured by a drunk driver?
If you suffer injuries as a result of a drunk driving accident, you may be eligible for following types of damages:
Tax, title, and licensing fees
Rental car expense or reimbursement
Past and future medical expenses
Pain and suffering
How can I tell if I have a viable case against the drunk driver who injured me?
In most cases involving drunk driving injuries, your chances for a successful case are favorable. However, each case poses unique challenges and questions. An experienced drunk driving accident attorney can determine whether your circumstances warrant legal action, as well as the most effective strategy to recover the damages you deserve. If you have suffered any serious injuries from a drunk driving accident, contact our drunk driving accident attorneys to speak with a personal injury lawyer who can evaluate your case and advise you of the most appropriate legal steps.
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Since the law in Texas is very clear on drunk driving, can’t any attorney provide me with adequate representation in my drunk driving accident case?
While the state of Texas does have a commitment to prosecute drunk drivers, the experience of your lawyer in drunk driving accident cases will make a difference in the success of your case. Drunk driving cases may require further investigation, which law firms such as our firm can provide. Dram shop laws may apply to your case, which allow an alcohol serving establishment to be held liable for your injuries. We have the resources at our disposal to handle an investigation into your case and to find and preserve the evidence needed to make your case for damages. Contact our drunk driving accident lawyers today to discuss your case and claim.
Will I actually have to go to court to win my case against the drunk driver who seriously injured my loved one?
Whether or not your case goes to court depends on a number of factors, including the experience and strategy followed by the driver’s attorney. However, many of these cases are settled out of court. The drunk driving accident attorneys at our firm will first attempt to secure fair compensation for you without going to court. If we cannot obtain the damages you are entitled to otherwise, we will take your drunk driving accident case to court to ensure the most successful outcome. We have the experience in the courtroom to present information most effectively for your case.
What if tests show that the driver who caused my injuries had consumed alcohol, but just under the blood alcohol concentration (BAC) of .08?
While the legal limit makes an immediate difference in DWI cases, it is not required to demonstrate that a driver was negligent in a Texas drunk driving case. In most instances, if a person drives a vehicle while under the influence of alcohol or drugs and then causes an accident, he or she is considered negligent simply for having driven while under the influence. Whether or not the person was “legally drunk”, he or she will be held responsible for injuries caused when they drove after consuming alcohol.
Certainly, in cases involving drivers whose BAC registered significantly higher than the legal limit, the penalties assessed against them may be higher, particularly when serious injuries or death occurred as a result.
I was a passenger in a car driven by a drunk driver and I suffered injuries when he crashed. Can I sue the driver even though I was in his car?
Yes. Even if you were injured as a passenger in the car driven by a drunk driver, you can still bring a lawsuit against the driver for injuries caused by the accident. The driver has what is known as a legal duty of “reasonable care” to others with whom he shares the road. This includes other drivers, pedestrians and passengers in his vehicle.
I was injured in an accident involving a driver who wasn’t drunk, but he was under the influence of illegal drugs. Would I still have a case against him?
Driving while intoxicated (DWI) applies not only in cases of alcohol, but also in situations where the driver has taken illegal drugs. Both can wreak havoc on the driver’s abilities to control the vehicle and both merit similar legal action. If someone’s intoxication caused an accident that injured you, you are entitled to seek legal compensation for your injuries, whether the driver’s intoxication occurred as a result of liquor or drugs.
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