If a drunk motorist gets behind the wheel and causes a car accident, crash victims can file a civil case against them. This is in addition to any criminal charges they face. If an intoxicated driver caused your Texas crash, you may be eligible to file an insurance claim or personal injury lawsuit against them. Your payout could include money for your medical care, lost wages, vehicle repair or replacement, and other damages. A drunk driving (DWI) accident and injury lawyer in Beaumont can help you understand your legal rights and pursue fair compensation on your behalf.
The DWI accident and injury attorneys at D. Miller & Associates, PLLC, can review the details of your accident and determine if you have a valid claim for compensation. We offer free initial consultations and handle all DWI accident claims on a contingency basis. That means you do not have to pay our legal fees until we recover a settlement for you.
Call us today at 713-850-8600 to get started.
How Much Is My Claim Worth?
One of the most common questions we hear is, “How much money is my claim worth?” Before we can answer this accurately, we must investigate your accident and the resulting damages. An integral part of this investigation includes identifying and collecting evidence of any accident-related expenses and other losses. Evidence of your related costs might include:
- Medical bills;
- Receipts from any related out-of-pocket costs;
- Estimates for the repair or replacement of your car;
- Interviews with doctors or other experts on your prognosis;
- Estimates and information about your ongoing care needs; and
- Any available documentation of your pain and suffering.
With this evidence, we can analyze your damages and put a value on your claim. This allows us to understand what a fair settlement will look like for you. When we demand compensation for your damages from the drunk driver’s insurance company, the total will include:
- Medical expenses;
- Rehabilitation and therapy expenses;
- Ongoing and future care costs, if necessary;
- Lost wages;
- The loss of future income and benefits if you cannot return to work;
- Repair or replacement of your vehicle;
- Any accident-related out of pocket costs;
- Pain and suffering damages; and
- Wrongful death damages, if you lost a loved one in a drunk driving accident.
How Can I Get Compensation After a Drunk Driving Injury Crash?
We can usually reach a settlement with the at-fault driver’s insurance company to recover the compensation our clients deserve. State laws require all motorists to carry a minimum amount of liability coverage that pays out to cover medical bills, lost wages, and other damages accident victims suffer. By law, all drivers must carry at least:
- $30,000 in injury coverage for each crash victim;
- $60,000 in total injury coverage per accident; and
- $25,000 in coverage to pay for property damage.
In many cases, these liability policies allow us to avoid filing a personal injury lawsuit and having to take the case to court. Usually, the insurance company sees the strength of our claim and decides to settle instead of spending money to fight litigation. Only if the insurer in your case denies our claim or refuses a fair settlement will we need to file a lawsuit against the drunk driver.
What Evidence Will Support My DWI Accident Claim?
We need to identify and collect all available evidence to build a solid case against the drunk driver who caused your accident. To win this type of claim, we must show the driver acted negligently. To do this, we must show four things were true about your wreck:
- The driver had an obligation to follow traffic laws, including driving in a reasonable manner and not getting behind the wheel while drunk;
- The driver failed to uphold this obligation, broke laws, and acted carelessly by drinking and driving;
- Their drunk driving and other unreasonable actions directly caused or contributed to the accident; and
- You suffered physical injuries and financial damages in the collision.
Meeting this legal standard for negligence and proving the full value of your losses requires a wealth of evidence. Each case is different, but this evidence could include:
- The police report from the officers who responded to the scene of your crash;
- Testimony from the arresting officers and other evidence from the criminal case;
- Witness statements;
- Blood alcohol content or drug testing results;
- Video of the arrest from police dash or body cams;
- Testimony from accident reconstruction specialists; and
- Pictures or other documentation of the crash scene.
What If the Drunk Driver in My Case Does Not Have Auto Insurance?
Many habitual drunk drivers continue to get behind the wheel despite losing their driving privileges in a previous arrest. This usually means they are driving with no auto liability insurance. If this happens to you, we may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage.
You must sign a form and submit it to your insurance company to opt out of this coverage, so many people carry this policy without even knowing it. Your UM/UIM policy should mirror your liability coverage. Usually, it will pay for your medical bills, lost wages, property damages, and other related expenses up to the limits of the policy.
Without UM/UIM coverage, our only option might be to file a personal injury lawsuit against the drunk driver. In some cases, we can also identify another liable party. We can determine what your options are when we review the facts of your case.
How Can I Speak to a Drunk Driving Accident and Injury Lawyer in Beaumont About My Crash?
The drunk driving accident and injury attorneys from D. Miller & Associates, PLLC, will fight for the compensation you deserve, helping you hold the intoxicated driver accountable for their actions. We offer free case reviews and can provide legal guidance and advice. We handle these cases on a contingency basis, so you owe us no legal fees unless we win a payout on your behalf.
Call us at 713-850-8600 to schedule a complimentary case evaluation with a drunk driving accident and injury lawyer in Beaumont.