Drunk Driving Car Accident Lawyers

A drunk driver made upend the lives of you and your family through their own recklessness and selfishness. In an instant, everything that you know can be changed forever, and you may be left with permanent injuries. The drunk driver’s actions may have taken a loved one from you in the most tragic manner possible.

Even though the drunk driver is subject to criminal punishment, you also have a right to financial compensation for their wrongful actions. Nonetheless, insurance companies never make the claims process easy. If you have been injured in a drunk driving accident, reach out to the aggressive car accident lawyers at Nix Patterson today.

Drunk Driving Laws

Texas has very strict laws about drunk driving. The state makes it illegal to operate a motor vehicle with a blood alcohol content higher than .08. There are heightened penalties for things like second offenses and accidents that cause bodily injury. A first-offense DUI can be punished with up to 180 days in jail, with three days mandatory imprisonment. In addition, the driver would lose their license for up to a year. Notwithstanding the serious penalties under Texas law, drunk driving still remains a major problem in the state.

Drunk Driving Accident Statistics

Texas Is one of the worst states in the country for drunk driving. The state has the second-highest proportion of drunk driving fatalities overall. In addition, Texas has the second-highest percentage of traffic deaths caused by drunk driving in the entire country. Each day, an average of three people across the state lose their lives in accidents that involve drunk drivers. The number of drunk driving accident fatalities typically increases each year.

What To Do After a Crash with a Drunk Driver

Your actions matter in the wake of any type of car accident. What you do in the days following the crash can dictate whether you are able to receive financial compensation and how much you may be able to get.

The first and most important thing that you need to do is to take care of your health. If you suffered any type of injury in the accident, you must seek medical help immediately. This is something that you must be proactive about because your health is at stake. Your legal case may also be on the line because the insurance company is looking for excuses to offer you less money than you deserve. They may claim that you fail to mitigate your damages by not seeing a doctor in time to prevent further harm.

Although you are dealing with physical injuries, you must also simultaneously begin the legal process that could lead to a settlement. It takes time to cut through all the insurance company red tape to get the money you deserve, so you need to at least take the first steps in the legal process now.

The one thing that you are able to do is reach out to an experienced drunk driving accident attorney to represent you. A lawyer will handle all of the details of your case and provide you with tough and effective legal representation. Their job is to help you maximize the value of your claim and get the most amount of money possible.

The Differences Between the Criminal and Civil Legal Process

Never make any assumptions on your own after you have been hurt in a drunk driving car accident. Do not think that the criminal justice process is the only consequence facing the responsible driver. They are also civilly liable for the damages that they cause, and they must pay you full compensation for your injuries.

You should also know the key differences between the criminal justice process and the civil lawsuit process. There are two completely different standards of proof that must be met to win a case. The prosecutor has a much higher burden of proof than you to win a conviction. It is entirely possible that you could still receive compensation, even if the driver is ultimately not convicted of a drunk driving offense. All you need to do is prove your case by a preponderance of the evidence, meaning that it is more likely than not that the fact that you allege occurred.

Still, you cannot expect the prosecutor to cooperate with you and share the evidence that they have about the drunk driving accident. Your attorney may need to get their hands on the results of the breathalyzer or blood test. In that event, they may need to even subpoena it through the courts.

The Legal Process After a Drunk Driving Accident

There are two potential ways to obtain financial compensation after you have been injured in a drunk driving accident:

• Most often, you would file a claim against the responsible driver’s insurance policy. Their insurance company is obligated to pay for drunk driving damages in the same way as any other car accident.
• You also have the option of filing a lawsuit in court against the responsible driver, which the insurance company would defend.

Your drunk driving accident lawyer would review the facts of your case and help you determine which way you should see compensation. Much depends on the insurance company and how reasonable they indicate they will be in the settlement process.

Dealing with the Insurance Company After a Drunk Driving Accident

Theoretically, you should have more leverage when trying to negotiate a settlement after a drunk driving accident. However, the insurance company often ignores reality, even when they know full well that their driver was to blame for the accident. They think that time and the balance of power is on their side when they offer you less money than you deserve.

Their theory is not reality, and you do have more leverage than you think. You do not have to simply accept what the insurance company offers you in compensation. You should know that litigation is their Achilles heel, and they are deathly afraid of you taking your case to court. They understand that an incensed jury can make things even worse for them than they already are.  This means you have the legal right and ability to say no to a settlement offer that does not fully compensate you.

Nonetheless, the insurance company will never afford you the level of respect you deserve when you approach them on your own. They need to see you represented by a tough and experienced drunk driving car accident lawyer who can force them to give you the compensation that the situation warrants.

Damages in a Drunk Driving Accident

Injuries suffered in drunk driving accidents tend to be worse on average than those you may sustain in a “regular” car crash. These accidents often occur at higher speeds, and they involve extremely Reckless conduct. Further, you have no way of anticipating the drunk driver’s actions to take any type of evasive action.

Your drunk driving car accident damages are tied to the scope and extent of the injuries that you have suffered. Therefore, you may expect a significant amount of financial compensation when you have been seriously injured.

Your drunk driving car accident damages could include the following:

• Medical expenses
• Property damage
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

Drunk driving cases are somewhat unique among motor vehicle accident lawsuits because there is a possibility that you could receive punitive damages. Most car accident cases involve “ordinary” negligence when you have been injured by a driver’s carelessness. The drunk driver is reckless, and there is an entirely different level of culpability. If your case goes to trial, a jury may be extremely angered by the callous and irresponsible actions of the drunk driver, and they could make them pay severely. Insurance companies know that, and they want to avoid a bad faith lawsuit when they could have settled your case without a trial.

Wrongful Death Lawsuits for Drunk Driving Accidents

If your loved one died in a drunk driving accident, your family has a legal right to compensation for what you lost. Texas law allows certain family members to file a wrongful death lawsuit to be paid back for your damages when a loved one died. For example, the deceased family member may have provided financial support to the family that is now lost. In addition, your family has also suffered grief and trauma from the sudden loss of a loved one, and you can be compensated for that, too.

Wrongful death lawsuits can lead to a large settlement check, so it is vital that you know the amount of your damages before you file a claim or lawsuit. An experienced drunk driving car accident attorney can help you figure out the exact total of your damages and fight for you to get every dollar to which you are legally entitled. The insurance company will not get away with paying you less.

How Much Does a Drunk Driving Accident Attorney Charge for Their Services

To be clear, a drunk driving accident attorney typically does not work for free. However, the way that they are paid is different from many other attorneys. Other lawyers may ask you for money upfront and send you bills while your case is pending. A drunk driving car accident lawyer works for you on a contingency basis.

If you receive money from your case through a settlement or jury award, your attorney will receive a percentage at the end of your case. If, for some reason, you do not win your case, your attorney will not send you a bill for their time and services. Thus, you take on no financial risk when you hire a drunk driving car accident lawyer to represent you in the legal process.

Contact a Drunk Driving Car Accident Lawyer at Nix Patterson Today

The car accident attorneys at Nix Patterson are in your corner when it seems like the system is stacked against you. We never let insurance companies bully our clients into getting less than they deserve for their injuries.

When an insurance company sees our attorneys across the table, they know that there is someone who will hold them accountable if they try to compromise your legal rights. The first step is to call 512-328-5333 or message us online to schedule a free initial consultation. Then you can turn the case over to your lawyer, whose job it is to fight for you.