If you find yourself in the unfortunate circumstance of being hit by a drunk driver and you are a Texan, it is important that you understand what your legal rights are. Nobody should have to suffer from injuries they were not responsible for due to another person’s negligence.
In this article, we will provide an overview of personal injury law when it comes to getting hit by a drunk driver in Texas. This includes information regarding any compensation you may be able to receive and how best to pursue justice in such cases.
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Texans Getting Hit by Drunk Drivers
Drunk driving is a serious offense in Texas and carries severe consequences. If a driver is caught with a blood alcohol concentration (BAC) of 0.08 or higher, they can be charged with a DWI (driving while intoxicated). Even if the BAC is lower, a driver can still be charged with a DWI if they are impaired. According to DWI lawyer Eric Benavides, the consequences of a DWI conviction in Texas are significant and can include fines, jail time, license suspension, and mandatory installation of an ignition interlock device. In addition to legal consequences, drunk drivers can cause devastating accidents that often result in serious injury or death.
If you or a loved one has been injured in a drunk driving accident, it is essential to seek the help of an experienced injury lawyer to help you get the compensation and justice you deserve.
What To Do If Hit By Drunk Driver
Do this if you’re hit and injured by a drunk driver:
- Ensure Safety: Immediately check yourself and any passengers for injuries. If it’s safe, move your vehicle out of the flow of traffic.
- Call 911: Report the accident to the police and request medical assistance if needed.
- Document the Scene: Take photos of the accident scene, vehicle damages, and any visible injuries.
- Gather Information: Obtain the drunk driver’s name, contact details, insurance information, and license plate number. Also, collect contact details of any witnesses.
- Seek Medical Attention: Even if you feel fine, it’s essential to see a doctor. Some injuries may not be immediately apparent.
- Avoid Confrontation: It’s natural to be upset, but avoid confronting the drunk driver. Let law enforcement handle the situation.
- Contact Your Insurance: Report the accident to your insurance company.
- Document Everything: Keep a record of any medical treatments, expenses, and missed work due to the accident.
- Consult an Attorney: Consider seeking legal advice, especially if you’ve sustained injuries or significant damages.
- Follow Up: Attend all medical appointments and follow your doctor’s advice. Stay updated with the police investigation and any legal proceedings.
Remember, your safety and well-being are the top priorities. Always prioritize getting medical attention over other steps if you’re seriously injured.
As an injured victim in Texas, it’s important to know your rights and seek the justice you deserve. When you’re dealing with pain and medical bills, it’s easy to feel overwhelmed and uncertain of where to turn. That’s where a drunk driving accident lawyer comes in – we’re here to navigate the legal system so that you can focus on healing.
In Texas, you have the right to seek compensation for medical expenses, lost earnings, pain and suffering, and more, but it’s crucial to act quickly and gather evidence to support your case. Don’t let insurance companies or negligent parties take advantage of you – let us fight for your rights and get the best possible outcome for your situation.
Hit By Drunk Driver Lawyer
When it comes to personal injury cases, seeking legal advice from an experienced lawyer is not only important – it’s essential. An injury can impact your life in countless ways, from medical bills and lost wages to physical and emotional pain. An experienced personal injury lawyer can help you navigate these challenges and fight for the compensation you deserve.
They can also help you understand the legal process and ensure that your rights are protected. So if you’ve been injured, don’t hesitate to seek the guidance of a dedicated personal injury lawyer. Your future may depend on it.
Damages & Compensation When Hit By Drunk Driver
If you’ve been injured by a drunk driver, you’re likely feeling overwhelmed and frustrated. It’s not fair that you have to suffer because of someone else’s poor decision-making. However, there is hope.
Filing a claim for compensation can help you cover the costs of your medical bills, lost wages, and other expenses related to your injuries. It’s not a simple process, but with the help of an experienced injury lawyer, you can navigate the system and get the compensation you deserve. A qualified lawyer will guide you through every step of the process, from gathering evidence and filing paperwork to negotiating with insurance companies and representing you in court, if necessary. It won’t erase the pain and trauma you’ve experienced, but it can help you move forward and begin to rebuild your life.
Types of Damages – In Drunk Driver Injury Cases
As an injury lawyer, I am well-versed in the types of damages that my clients are entitled to recover for any physical, emotional, or financial losses they may have suffered. These damages can range from medical bills and lost wages to pain and suffering, and they are essential in ensuring that my clients receive full compensation for their injuries.
It’s important to remember that every case is unique, and the damages awarded will depend on the specific circumstances of the injury. That’s why it’s crucial to work with an experienced injury attorney who can help you navigate the legal system and fight for your rights.
Average Settlement – Hit By Drunk Driver
The average settlement for injuries caused by a drunk driver in Texas can vary widely based on several factors. These factors include the severity of the injuries, the extent of medical expenses, lost wages, pain and suffering, and the degree of the drunk driver’s negligence.
Punitive Damages In Drunk Driver Cases
Punitive damages, which are meant to punish the wrongdoer, can also be awarded in drunk driving cases, potentially increasing the settlement amount. While minor injuries might result in settlements ranging from a few thousand to tens of thousands of dollars, severe or catastrophic injuries can lead to settlements in the hundreds of thousands or even millions. It’s essential to consult with a personal injury attorney in Texas to get an accurate estimate based on the specifics of your case.
Example Settlement – Hit By Drunk Driver
These are just a few hypothetical examples of possible drunk driver accident settlement amounts. It’s important to note that every case is unique. Actual settlement amounts can vary based on the specifics of each case, the severity of injuries, the jurisdiction, and other factors. Here are some example settlements in Texas for individuals hit by a drunk driver:
- Minor Injuries: For cases involving minor injuries like whiplash or minor cuts and bruises, settlements might range from $10,000 to $50,000.
- Moderate Injuries: In cases where victims suffer broken bones, herniated discs, or other injuries that require surgery but are not life-altering, settlements can range from $50,000 to $200,000.
- Severe Injuries: For injuries that are life-altering, such as traumatic brain injuries, spinal cord injuries, or amputations, settlements can range from $200,000 to several million dollars.
- Fatalities: In wrongful death cases resulting from a drunk driving accident, the settlements can range from several hundred thousand dollars to several million dollars, depending on factors like lost future earnings, pain and suffering before death, and punitive damages.
- Punitive Damages: In some cases, especially where the drunk driver’s behavior was particularly egregious, courts might award punitive damages to punish the driver and deter similar behavior. These can significantly increase the total settlement amount.
- Multiple Victims: In accidents where multiple individuals are injured, the total settlement might be higher, but it would be divided among the victims.
Remember, these are just general possible examples, and actual settlement amounts can vary. Consulting with a Texas personal injury attorney will provide a more accurate estimate based on the specifics of a particular case.
The Drunk Driver Accident Court Process
When you’ve been injured, the last thing you want to worry about is the legality of the situation. That’s where I come in. As an injury lawyer, it’s my job to ensure that your rights are protected throughout the legal process.
From the moment you hire me, I’ll go to work investigating your case and gathering evidence to support your claim. I’ll help you navigate the complex legal system and keep you informed every step of the way. You can trust that I’ll work tirelessly to ensure that you receive the compensation you deserve for your injuries. With me on your side, you can focus on healing while I fight for your rights.
Personal Injury Lawyer Near Me
Seek a professional personal injury lawyer in Texas soon after suffering an injury due to the recklessness of a drunk driver. These lawyers are knowledgeable and have expertise on your legal rights in this matter.
If you wait too long, the court may no longer accept the claim or it may be more difficult to access compensation for your losses. Legal advice can therefore be essential in helping you recover the financial damages owed to you. In such cases, it is recommended that victims contact an experienced attorney who can assist with navigating the complex legal processes involved in such cases. With their knowledge of local laws and evidence-gathering expertise, they can ensure that all those at fault are held accountable while also protecting your rights as fully as possible.
Hit By Drunk Driver FAQs
Is It Automatically The Drunk Driver's Fault?
No, it is not automatically the drunk driver's fault in an accident, even if they are intoxicated. While driving under the influence is illegal and greatly increases the risk of causing an accident, fault is determined by the specific actions that led to the collision. In some cases, the sober driver might have committed a traffic violation or acted negligently, leading to the accident. However, the fact that a driver was intoxicated can be used as evidence of negligence or recklessness in a personal injury claim. In Texas, which follows a modified comparative negligence system, if the drunk driver is found to be more than 50% at fault, they can be held liable for damages. But it's essential to investigate the specifics of the accident to determine fault accurately.
What If I Am Hit By A Drunk Driver With No Insurance?
If you are hit by a drunk driver with no insurance in Texas, you still have several options to seek compensation for your injuries and damages: Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you have UM/UIM coverage as part of your auto insurance policy, you can file a claim with your own insurance company. This coverage is designed to protect you in situations where the at-fault driver has no insurance or insufficient insurance to cover your damages. Personal Injury Protection (PIP) and MedPay: These are optional coverages in Texas that can pay for medical expenses and lost wages, regardless of who was at fault. If you have these coverages, you can file a claim with your insurance. Sue the Drunk Driver: Even if the drunk driver doesn't have insurance, you can still file a lawsuit against them. However, collecting damages might be challenging if the driver lacks assets or means to pay. Dram Shop Laws: If the drunk driver was over-served alcohol at an establishment, you might have a claim against that establishment under Texas Dram Shop Laws. Crime Victims' Compensation: In Texas, victims of certain crimes, including DWI accidents, may be eligible for financial assistance from the Crime Victims' Compensation Program. This can help cover medical expenses, counseling, lost wages, and more. Health Insurance: If you have health insurance, it can cover your medical bills initially. However, they might seek reimbursement if you receive a settlement or judgment later. It's essential to consult with a personal injury attorney in Texas to explore all available options and ensure you receive the compensation you deserve.
Am I Entitled To Pain And Suffering Damages If I'm Hit By Drunk Driver?
Yes, if you are hit by a drunk driver in Texas, you may be entitled to pain and suffering damages in addition to economic damages like medical bills and lost wages. Pain and suffering damages, also known as non-economic damages, compensate victims for the physical pain and emotional distress they experience as a result of an accident. To be entitled to pain and suffering damages: Prove Liability: You must establish that the drunk driver was at fault for the accident. Being intoxicated can be used as evidence of negligence or recklessness. Demonstrate Actual Suffering: You need to show that you experienced physical pain, emotional distress, or both due to the accident. Medical records, therapy notes, and personal testimonies can be used as evidence. Severity of Injuries: The amount awarded for pain and suffering often correlates with the severity of the injuries. More severe injuries typically result in higher pain and suffering damages. In Texas, there is no cap on pain and suffering damages in most personal injury cases. However, it's essential to consult with a personal injury attorney to ensure you receive the compensation you deserve and to navigate the complexities of the legal process.