Drunk driving accidents can be serious, not only deeply traumatizing for the victim and their family members, but can also lead to heavy financial losses in the form of medical bills, property damage, lost wages, and health care expenses. pocket. Being on the receiving end of such a tragedy can be hard to get over.
However, drunk driving accidents are a reality and we cannot turn our faces away from this fact. What we can do is muster all our strength, remove our pain and agony for just a moment (at the scene of the accident), and seek financial compensation for everything we went through.
Just be sure to address matters after consulting with an experienced personal injury attorney.
If things don't work out with the insurance company, later on, you may have to proceed with filing a personal injury lawsuit.
While you can tackle the matter on your own, but as many people learn the hard way, it's not as simple as it sounds. Getting a drunk driver to be seen as at fault (even though they are) is hard enough, or getting the insurance company to use excuses to pay you less than you need to or avoid payment altogether.
This mistreatment demands swift legal action, and a team of experienced car accident attorneys will become your greatest resource in seeking fair compensation.
What does the law in Houston Texas say about drunk driving car accidents?
Driving under the influence is nothing to be taken lightly. Texas law is clear about who is at fault in such an accident: the intoxicated driver. And that's not all, intoxicated drivers involved in a car accident will face criminal charges (also considered a tort). However, this won't help you with all the pain and agony (and all kinds of damage) you're going through.
For fair financial reimbursement for all economic and non-economic damages you suffered, you can sue the at-fault driver, their insurance provider or the company they work for; If the vehicle belonged to such a company, request a legal consultation with competent driving accident lawyers as soon as possible, especially if you plan to file a personal injury claim.
Several factors can contribute to drunk driving accidents:
Driving Under the Influence : Texas law strictly prohibits any individual with a blood alcohol concentration of .08% or greater from driving. There is no tolerance or flexibility, in this case, drunk driving is a crime, period. Drivers under the age of 21 found behind the wheel with even the slightest dose in their blood will be counted as felons, and if you sustained serious injuries, you may be entitled to collect punitive damages.
The Alcohol Supplier : Perhaps the drunk driver went to a restaurant or bar that continued to serve you alcohol beyond the safe drinking limit, and didn't stop you from getting behind the wheels. This party is also at fault in the case of a car accident and you can also sue them for everything you had to go through.
Unsafe Road Conditions : If the road conditions at the accident scene somehow contributed to this accident, even if the chances are slim, you can hold the state of Texas liable in your personal injury lawsuit as well. It is possible to bring personal injury claims against the state if they do not make the streets safe, giving them a share of the blame.
However, getting a good settlement offer or claiming your rightful compensation in court is not an easy matter. Only experienced accident lawyers of this type can help you through this matter and get you the financial assistance you need to get back on track.
(Types of Injuries Sustained by Drunk Driving Accident Victims)
It is difficult to make any generalizations on the types of damages caused by an accident of this type, however, one thing is certain, all forms and types of damages deserve compensation, and a personal injury lawyer will see to it that you receive it.
The nature of the injuries depends primarily on the scene of the accident, how it all happened, and who was involved. For example, a pedestrian struck by a drunk driver would have the extremest of suffering, while a person seated in a vehicle may be somewhat protected by airbags.
However, serious auto accidents often result in permanent disfigurement, amputations, severe blows to bones and muscles, internal organ damage, brain trauma, serious spinal cord injuries, and in some cases, wrongful death .
Therefore, to say that drunk driving accidents are dangerous is a huge understatement. Drunk driving can lead to devastating consequences, a potential traumatic brain injury can have lasting impacts on the victim's life, and anyone who goes through this treatment is likely to forget it in no time.
If you were so wronged by a drunk driver and suffered serious injuries, you need to gather your courage, contact an experienced car accident lawyer, and seek a financial settlement acceptable to you.
What to do after these accidents?
For any car accident , including drunk driving accidents, you will need to muster your strength and take some preliminary steps to secure your position in demanding fair compensation for all the losses you suffered.
This is what you should do:
- Call the Houston Police (or any other available law enforcement agency) immediately, and wait near your vehicle (on a sidewalk) until officers arrive.
- Take pictures of the scene, imagine anything that can help you narrate the details of the accident, including your injuries, damage to your car, and the license plate of the other vehicle (this is first-hand evidence).
- Check on the other party, but be careful if they are drunk, try not to escalate the situation, determine if they need immediate medical assistance or not.
- Ask for the help of any passersby, and if there were eyewitnesses, ask them to share their contact information, as they can become valuable resources in your lawsuit.
- Take copies of police reports with you, and keep a record of all expenses (have receipts handy) you have incurred.
- Seek medical attention no later than 72 hours after the accident, and keep notes from your medical records.
- Seek financial compensation from the at-fault driver's insurance company, taking with you police reports, medical records and assorted evidence, only settle for the offer if it is fair.
If you feel the insurance company is playing dirty, or the adjuster is trying to get you to agree to a smaller sum than you rightfully deserve, walk away without saying anything. Get legal assistance from a team of experienced car accident lawyers and take the matter to court. For a general hit-and-run accident, which can occur with a drunk driver (they may flee fearing charges), the average settlement is between $10,000 and $25,000.
In serious cases (as is the case with most head-on collisions) , your injury accident lawyers may also be able to recover additional compensation for your injury claim.
However, in serious drunk driving accident cases, the reimbursement can be more than that, but if you feel you are not getting what you deserve, you can seek justice through civil lawsuits against all parties at fault.
Financial compensation for victims of a drunk driving accident
You can approach the insurance companies of the at-fault parties and file your personal injury claim with them. As the victim of the accident, you will have the right to seek financial reimbursement to settle all of your economic and non-economic damages, such as:
- All medical expenses, such as the doctor's fee, the cost of the medicine, the cost of any physiotherapy, compensation for surgery charges, payment for your hospital stay, etc.
- Any lost income that resulted from this accident. Every day that doctors helped him or he had to stay home in agony meant time cut from his work hours. A fair settlement must address this loss.
- The agony, misery, pain, mental stress or any permanent disfigurement you have endured due to someone else's recklessness cannot go unnoticed, and the insurer is legally required to compensate you for it.
- Punitive damages encompass all losses that warrant exemplary punishment of the at-fault driver to discourage such negligence and disrespect for the law in the future, you can also add this to the list of compensation.
However, if the insurance company refuses to cooperate, you can drop out and exercise your legal rights. Ask a team of qualified car accident lawyers to write a lawsuit for you and take the matter to court.
Lawyers generally summarize all of your economic losses and multiply them by a number up to five based on your degree of pain and suffering.
They will see to it that you get a fair refund.
The Calhoun Meredith team has your back
Going through such a phase in your life can be difficult, especially if the accident was serious. However we all must live, getting your rightful compensation is the only thing you can do to move on. Insurers are known to play dirty, don't fall for their tricks, we make sure our clients get the best treatment.
Whether it is a minor accident or a major one (which can result in wrongful deaths), contacting a law firm is never a bad idea.
At Calhoun Meredith , we stand behind our clients in all scenarios. Our skilled car accident lawyers will make sure you receive the financial assistance you need to get your life back on track. Initial consultations are free, so don't hesitate to give us a call, we'll explain everything, and if things don't settle with negotiations, we can help you move forward with a driving accident claim. You don't have to worry about paying us up front, as we work on a contingency fee basis, which means we only ask for a payment when our clients win their claim.