If you were injured in an accident in which the at-fault driver was intoxicated, you deserve serious financial recovery that—unfortunately—is not always easy to get. The other driver’s insurance company will be looking for ways to shield its insured party from liability and reduce or deny your claim. A drunk driving (DWI) accident and injury lawyer in Houston with our firm can fight for your rights to ensure you have an opportunity to seek fair financial recovery.
The team of attorneys at D. Miller & Associates, PLLC®, has been representing victims of drunk driving accidents for many years, helping them get the recovery they deserve for their injuries and property damage. We know how to take on the insurance company and the other driver’s legal team, ensuring that your settlement is fair and robust.
If you were involved in a drunk driving accident in Houston, call for a case evaluation with D. Miller & Associates, PLLC®, today. Let us make you our next satisfied client. To set up your appointment, call us at (713) 850-8600.
Why Hire a Drunk Driving Accident Attorney in Houston?
A drunk driving accident can leave you with astronomical medical bills, substantial vehicle and property damage, and indescribable pain and suffering. Your injuries could potentially take months or longer to heal, if they ever heal completely.
The other driver’s insurance company might call and offer you a settlement quickly after the accident, and this offer might seem generous and benevolent. Rest assured, however, that if you accept the first offer the insurance company puts in front of you, you are leaving thousands — and potentially millions — of dollars on the table.
Chances are, this settlement will come before you have received a prognosis from your doctor. If you take this settlement and your prognosis is worse than you expected, you cannot reopen the claim and get the recovery you need.
We Will Seek a Fair Settlement for You from the Insurance Company
The legal team at D. Miller & Associates, PLLC®, can help you seek a fair and robust settlement, one that includes all the financial recovery you deserve and does not leave awards on the table. We start by doing the following:
- Collecting police reports, witness statements, and other evidence from the accident scene
- Reviewing photos of your accident
- Looking at surveillance footage of the accident, if available
- Consulting with expert witnesses and accident reconstruction specialists
- Gathering your medical records
- Negotiating with the insurance company on your behalf
We will use the evidence we gather to ensure your case is thorough and compelling, leading to a fair and substantial settlement.
How Much Is My Drunk Driving Accident Claim Worth?
While it is difficult to assess the value of your drunk driving accident claim ahead of time, you could recover a long list of damages, both economic (monetary) and non-economic (non-monetary). We will ensure your settlement includes all the following economic damages, so long as they are applicable to your claim or lawsuit:
- Medical bills: You are entitled to financial recovery for all current and future medical costs associated with your accident injuries, including hospital bills, doctor visits, physical therapy, and prescription medications.
- Lost earnings: You can receive recovery for the income you are unable to earn due to missing work for your injuries.
- Reduced earning capacity: If your injuries prevent you from doing the same work as before, reducing your ability to earn a living, we seek recovery to make up the difference in what you are earning and what you should be earning.
We also build a strong case to pursue non-economic damages (losses that cannot be quantified with exact dollar figures) such as:
- Pain and suffering: You deserve payment for what you have been through, and we seek the maximum damages allowed by law.
- Loss of consortium: You could also seek damages on behalf of your loved ones for their loss of companionship and services you generally provide for them (e.g., household repairs).
- Punitive damages: Because drunk driving demonstrates not only negligence but also a wanton disregard for other drivers’ safety, we can pursue punitive damages on top of the other recovery for which you qualify.
- Wrongful death: If you lost a loved one due to a drunk driving accident, we can file a wrongful death action against the responsible party.
How Your Drunk Driving Accident Case Unfolds
The D. Miller & Associates, PLLC®, team has fought and secured financial recovery for many drunk driving accident victims. One reason for these successes is our thorough and methodical process. During your initial consultation, we review the details of your case, answer all your questions, and, if you decide to move forward, we immediately proceed to the next step, gathering evidence and building your claim.
Next, we begin the negotiation process with the insurance company, as well as the at-fault driver and their legal team. When we have calculated the full scope of damages we feel you deserve, we pursue this amount aggressively, not accepting a reduced settlement that leaves recovery that should be yours on the table.
Finally, if the other party or the insurance company is unwilling to settle for an agreeable amount, we file a lawsuit and try your case in front of a jury.
Texas Law and Establishing Liability in a Drunk Driving Accident
Before we can successfully collect financial recovery for you, we will have to prove the party you are suing acted negligently and that this negligence resulted in your injury. Texas law holds people accountable for behavior that can lead to injuries, including those that cause someone to lose their life.
Driving While Intoxicated (DWI)
Driving while drunk or drugged can lead to jail time and fines in Texas. As the Texas Department of Transportation (TxDOT) explains, a person is legally intoxicated when their blood-alcohol concentration level reaches 0.08 percent or higher. However, as soon as someone’s alcohol or drug use affects their driving, they are in violation of the law. Therefore, driving while intoxicated (DWI) is an act of negligence. You can make a case for negligence if you can prove the motorist was driving while impaired.
Texas Dram Shop Liability Laws
Under Texas law, a licensed establishment that serves alcohol, such as a bar or a restaurant, could be held liable in a drunk driving accident. This can happen if the plaintiff can prove the business a) continued to serve alcoholic beverages to a patron who obviously had too much to drink, becoming a danger to themself or others, and b) allowed that party to operate a motor vehicle while intoxicated.
The state’s dram shop law could also be used to prove negligence if the plaintiff can show that the business sold and/or served alcohol to a minor who then went on to cause an accident while impaired. The plaintiff must also show how the patron’s drunkenness played a role in the damages suffered.
Proving Negligence in a Drunk Driving Accident Case
When proving negligence, we must satisfy four elements to show this is what caused your accident. We must prove the liable party:
- Owed you a duty of care to exercise reasonable judgment and drive safely
- Failed to meet that duty as they were under the influence of alcohol while operating a motor vehicle
- Caused an accident that injured you due to their impaired judgment and behavior
- Is responsible for damages that occurred due to the accident the party caused
We can help you prove your case for negligence based on the evidence and circumstances of your case.
Get Your Free Consultation Today
For drunk driving accident representation in Houston, call D. Miller & Associates, PLLC®. No one fights harder for the financial recovery you deserve. Call (713) 850-8600 for a case evaluation to learn how a Houston injury attorney could help your case.
We explain the law and what you can expect during your case. We also answer any questions you have and return phone calls and emails promptly. Let us start working for you today.
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