Any car accident can result in severe injuries or fatalities. However, Driving While Intoxicated (DWI) is a criminal offense. A drunk driver faces fines, jail time, and even a loss of driving privileges. Sometimes proving negligence in a drunk driving accident can be more straight-forward than normal car accidents with injuries.
Please keep in mind that recovering compensation is separate from criminal charges or convictions. You have the right to seek compensation through the other driver’s insurance coverage or filing a civil lawsuit.
Proving Liability in Drunk Driving Accidents Versus Normal Car Accidents
You could be eligible for compensation for injuries and expenses caused by another driver whether he or she was intoxicated or not. Although criminal charges do not include compensation for victims of drunk drivers, it could make proving liability easier. The firm of D. Miller & Associates, PLLC will evaluate your case for free. We figure out who might be financially responsible for compensation for your damages by answering a few questions:
- Did the other driver have a duty of care to drive safely, legally, and responsibly?
- Was the driver negligent in this duty?
- Did the driver’s negligence cause you to be injured?
- Do you have physical, mental, or financial damages because of your injuries?
Intoxicated Drivers Are Negligent When Driving Drunk
Drunk driving in Texas can be charged as a misdemeanor or a felony. The seriousness of the charge depends on several factors including:
- If there were fatalities
- If a minor child was involved
- If the driver was previously cited for DWI
The First Action After any Auto Accident Is Getting Medical Care
As drunk driving and car accident lawyers, we know that some injuries do not appear immediately. Before you call our office for a free case evaluation, we recommend you see your healthcare professional. Your injuries are the most important aspect. You should not have to pay medical bills caused by someone’s negligence. Injuries and long-term health issues can have delayed reaction time.
Follow Your Healthcare Professional’s Advice
We cannot stress enough that you should take all action recommended by your healthcare professional. This might include physical or other therapy, prescription drugs, or follow-up visits. If you do not follow your doctor’s orders after the accident, you could jeopardize your health and your attempts to recover compensation.
You May Seek Compensation if You Are Less Than 51 Percent At-Fault
If the other driver was intoxicated, it is likely that he or she is entirely at fault for the accident. If you contributed to the collision but are less than 51 percent responsible, you can still seek compensation. This is called a modified comparative negligence law. An attorney from D. Miller & Associates, PLLC will review your case including:
- Your medical records
- Photographs of the accident
- Police records
- Witness statements
When You Should Consider a Lawsuit
Drunk driving accidents are not handled differently from normal car accidents when it comes to seeking compensation. A drunk driving and car accident lawyer will pursue compensation for you first from the other driver’s insurance coverage. Typical types of damages include:
- Medical bills
- Lost pay
- Reduced earning ability
- Pain and suffering
- Property loss
- Disability or disfigurement
Look for a Law Firm With Proven Results
If you were injured in a car accident, you should have an attorney who understands your circumstances and is committed to recovering eligible compensation. D. Miller & Associates, PLLC has successfully recovered more than $250 million in settlements and verdicts. If we cannot negotiate an acceptable insurance claim, we will take your case to trial. Texas has a statute of limitations of two years from the date of the accident to file a lawsuit.
What You May Expect as Our Client
- Free case evaluation
- No recovery, no fee
- Personal attention
- Assertive negotiation and litigation
- Clear and prompt communication via phone and email
Drunk Driving and Other Car Accidents Are Life-Changing Events
You might be recuperating from your injuries at home or in the hospital. Car accidents caused by drunk driving or other negligence can result in serious injuries such as:
- Broken or fractured bones
- Concussion and traumatic brain injuries
- Whiplash and other severe neck injuries
- Spinal cord injuries
- Nerve damage
- Loss of limbs
You Could Be Compensated for Your Injuries
If you are suffering physical, mental, or financial injuries from an accident, call D. Miller & Associates, PLLC at (713) 850-8600 for a free case evaluation.
Related Frequently Asked Questions
- What Are Damages and Why Do Personal Injury Lawyers Fight to Recover Them?
- How Should You Deal With Your Insurance Company After an Auto Accident?
- Are There Any Downsides To Having The Texas Minimum For Auto Insurance In An Accident?
- What Happens If You Get In An Accident Without A License In Texas?
- What Happens If You Get Hit By An Uninsured Driver In Texas?