Most people don’t intend to get into an accident when they drink and drive, but intention doesn’t mean much in the aftermath of an accident. DUI accidents cause injuries and deaths in Texas every 20 minutes. Getting behind the wheel after drinking even one drink can mean the difference between a fun evening and facing criminal and/or civil charges.
For those injured or affected by death caused by a DUI accident, the memory can be haunting. Knowing that those responsible will be prosecuted for criminal behavior can be helpful, but it won’t pay for mounting medical bills, time out of work, and loss of enjoyment of life. A civil lawsuit against a drunk driver can make a meaningful difference in the lives of accident victims.
A personal injury lawyer with a track record for success in DUI-related injury and wrongful death cases can make the recovery process after an accident much easier. After an accident, you and your family may be dealing with medical treatments, funeral arrangements, and learning how to cope. Experienced counsel in the aftermath of an accident can provide so much more than case analyses and the pursuit of a settlement.
Whether you need help finding medical care, negotiating with insurance representatives, or just need someone to offer sound advice, the Law Firm of Aaron A. Herbert can help. Our Dallas personal injury lawyer specializes in accident injuries and wrongful death suits in the Dallas area and throughout Texas. We understand how important it is that our clients have a trustworthy person to confide in and rely on to act on their best interests. Without experienced legal help, some accident victims may never recover the compensation they deserve in the time aftermath of a DUI accident.
If the drunk driver received a DUI charge after the accident, you have a great chance of successfully pursuing a personal injury lawsuit. Personal injury claims help you recover for emotional damages, therapy, and lost wages caused by an accident. Though you cannot receive dual compensation for medical bills and property damage, you can file a lawsuit to recover for these additional damages. If you’re unsure about your options in seeking compensation, utilize a free consultation with a skilled Dallas DUI accident attorney.
Driving while under the influence is illegal in itself, but causing a collision adds much more headache to the drunk driver’s situation. In negligence law, an injured can press charges against the other driver for their negligence. The injured driver must prove that:
Because drunk driving is illegal, the drunk driver is in violation of “negligence per se” laws. By breaking the state’s DUI laws, the first two qualifications of duty and breach of duty immediately apply to the accident. In this case, you must only prove that the drunk driver’s physical state caused the accident.
This is easier in cases where you are not at fault for any breach of duty, yourself. If a drunk driver clearly swerved into your lane and caused a collision while you were abiding by traffic law, the drunk driver creates a clear division in who is responsible. Even in cases where you might have had some other distraction, most cases of drunk driving result in the drunk driver to receive the heftier fault percentage, making them liable for your damages.
After an accident, you may be unsure about the next steps. After seeking appropriate medical care, talk to an attorney as soon as possible. An attorney can help you create a plan of action, but if you don’t have an opportunity to talk to a trusted legal advisor quickly, here are some steps that you can take:
Texas enforces guidelines associated with comparative negligence in all personal injury cases. Comparative negligence means that both parties involved in an accident possess a certain proportion of the fault in causing the incident. The court, law enforcement, or the insurance company assigns a percentage-based fault rating that dictates how much blame you must take responsibility for.
Because Texas practices modified comparative fault, the party that possesses a fault rating less than 50% can seek compensation for their damages through an insurance claim or personal injury lawsuit. The other party is responsible for these damages because they contributed more to the accident.
Car accidents are responsible for the death of over 3,000 people each day. This is an extremely high incidence of fatality caused by preventable negligence. Car accidents cause severe injury to those involved, but different factors can exacerbate the incident. Drunk driving is a severe form of distracted driving that causes the driver to conduct a myriad of traffic violations.
Speeding, crossing intersections at red lights, and neglecting to stop at stop signs are only a few of the infractions that drunk drivers might not even realize they’re taking part in. Colliding with a drunk driver can be fatal – what happens if you’re involved in a car accident with one?
Attorney Aaron Herbert is one of less than 2% of practicing attorneys that is state of Texas board-certified in personal injury trial law. This prestigious recognition, and a reputation as an aggressive trial lawyer, has made the team at the Law Firm of Aaron A. Herbert a sought after personal injury advocate in drunk driving cases. We understand what it means to go through a drunk driving accident, and we are ready to help you hold those responsible accountable for their actions. Please contact us today for a free consultation.