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.
How a Personal Injury Attorney Can Make Your Experience Easier
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 attorneys specialize 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.
Why Should I File a Claim for My Injuries?
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.
How Can I Press Charges for a DUI Crash?
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:
- The other driver possessed a duty to drive in a safe manner, preventing accidents.
- The other driver did not fulfill this duty to operate their vehicle responsibly.
- The other driver’s negligence caused the incident that injured them.
- They sustained verifiable injuries from the accident.
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.
Steps to Take After a Drunk Driving Accident
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:
- Get information at the scene of the accident – If you are able, call the police, talk to witnesses, and record as much information as you can about the accident. Take pictures of the accident scene and your injuries, and exchange information with the other drivers involved.
- Contact your insurance provider – It’s important that your insurance provider be informed of any accident as soon as possible. Provide the agent with the facts, and tell them if you are injured. Avoid telling them anything that hasn’t been confirmed by your treating doctor. Do not accept any settlement offers immediately after an accident, unless you have discussed your case with an attorney.
- Keep track of your medical information – Keep copies of all medical forms and information including diagnoses, prescriptions, medical treatments, and gas bills from your trips to and from treatment.
- Talk to an attorney – Injuries after an accident can be immediately identifiable or may take time to develop in the days and weeks after an accident. Consult an attorney if and when you notice any injuries develop after an accident.
What is Comparative Negligence Law?
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.
DUI Collisions & Fatalities
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?
Call A DUI Accident Lawyer Today!
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.