If the other driver was drunk in your Texas car accident, you can use that as evidence. This means that you can use the other driver’s violation of the law (driving under the influence) as negligence. If you can prove the other driver’s negligence caused the accident, you can recover your medical bills, lost wages, and other losses.
How Police Determine if the Other Driver Was Drunk
One of the first steps in filing a claim against the other driver is to obtain the police report. An officer who suspects that the other driver was drunk will either perform a sobriety test or require the driver to take a sobriety test at the police station.
According to Texas law, a driver is under the influence of alcohol if a chemical screening test reveals a blood alcohol content of 0.08 percent or higher. In a court of law, no other evidence needs to be obtained to confirm a DWI.
The chemical screening test results can be used against the at-fault party in a civil claim or lawsuit.
Steps to Take in a Drunk Driving Accident Claim
When you pursue a claim, the at-fault party’s insurance company may be liable for your medical expenses. You will need to prove your out-of-pocket expenses and other financial losses.
Our attorneys can gather documents to establish your claim. Even if a sobriety test establishes the other driver’s guilt, you still want to take some additional steps to validate your claim:
Document All Medical Care You Received
Keep careful records of all medical expenses related to:
- Ambulance care
- Emergency room care
- Hospital stays
- Surgical procedures
- Doctors’ visits
- Pain medication or medical devices (e.g., crutches, wheelchair, etc.)
Documents include medical bills, diagnoses, reports, or receipts. You may also want to keep personal notes.
Obtain Evidence From the Accident
In addition to medical reports, you may also want to secure other documents such as the official police report or the chemical test results. You can also get eyewitness reports and any photos or videos taken of the accident. The evidence you obtain will further validate your claim.
Document All Other Damages
In addition to your medical costs, you may have had to pay for auto repairs. You may also have lost wages and sustained non-economic damages such as pain and suffering and permanent scars. Keep careful records of anything that is related to your accident.
Filing a Claim Against the Insurance Company
In a drunk driving accident, the at-fault party’s insurance company is liable and is expected to offer a settlement. The insurance adjuster may require you to fill out a list of documents. This information will be used to determine the validity of your claim and the value of your case.
If the insurance company accepts your claim, it may offer a settlement. You can either accept the settlement or reject it. If you accept the offer, your case is closed. If you reject the settlement, you can either negotiate further or file a lawsuit.
If the at-fault party denies fault or the insurance company denies your claim, you have the option of filing a lawsuit against the drunk driver and pursuing a recovery for your damages in court.
A Car Accident Lawyer from D. Miller & Associates, PLLC Can Help
If you need assistance with your auto accident, you want to seek counsel from a car accident attorney in Texas.
Our law firm can assist you in several ways:
- Investigate the accident further to establish the facts of the case
- Manage all the necessary paperwork and documents
- Speak with eyewitnesses
- Hire expert witnesses such as medical experts or accident reconstruction experts
- Negotiate a settlement with the insurance company
- File a lawsuit to pursue your case in court
File a Lawsuit for Your Personal Injury Case Before the Two-Year Deadline
Texas has a two-year statute of limitations on car accidents. You must file a claim before the two-year deadline to recover compensation for your losses.
D. Miller & Associates, PLLC: Your Texas Drunk Driving Accident Lawyers
Did you or a loved one recently suffer injuries in an accident caused by a drunk driver? D. Miller & Associates, PLLC may be able to provide legal assistance with your case. Our drunk driving accident lawyers may be able to help you file a claim against the at-fault party and recover compensation for your damages.
Learn about your legal options. Call us today: 713-850-8600.