Accidents caused by drivers under the influence of alcohol often leave victims with life-altering injuries, psychological trauma, and uncertain finances. If the accident is caused by a driver who is under the influence of alcohol, there will be a much more complicated procedure compared to other car accidents.
Hiring a Houston DUI accident lawyer is recommended to help victims seek compensation for their injuries and expenses incurred during recovery.
The number of liable persons in drunk driving accidents in Texas may vary depending on the facts of each case. In some instances, the intoxicated driver, the bar or restaurant that over-served the alcoholic drinks, the victim’s employer, or the owner of the vehicle may be held responsible for the accident.
Understanding How DUI Accident Cases Differ From Regular Car Accidents
Drunk driving accidents differ legally from regular vehicle accidents since intoxication might make it possible for there to be a higher degree of negligence. In most cases, the injured party may also seek punitive damages. The aim is to discourage irresponsible behavior and punish those who engage in it.
A Houston DUI accident lawyer looks at the driver’s extreme recklessness, such as speeding, driving on the wrong side of the road, fleeing the scene of the accident or operating while intoxicated. Texas law permits civil suits even if the person accused of a DUI is not under any criminal charges.
Evidence in drunk driving accidents could consist of the following:
- Police report on accident scene:
- Toxicology findings
- The testimony of witnesses.
- Surveillance footage
- Bodycam footage
- Pubs or restaurants receipts
- The reconstruction of accidents will be analyzed.
The attorney makes sure that all this evidence is preserved without delay. There may not be enough time, as delays could result in the destruction of evidence.
Who May Be Liable After A Houston Drunk Driving Accident?
Victims often believe that only the drunk driver should be made liable. However, Texas law may permit victims to file a claim against another party. Identifying all liable parties is an important factor in maximizing the amount of compensation obtained.
The Drunk Driver
The primary party at fault will likely be the intoxicated driver. Victims can seek damages for hospital costs, rehabilitation expenses, loss of earnings, mental anguish, and future treatments. Family members of victims can even sue for wrongful deaths if it applies.
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Dram Shop Liability For Bars, Clubs, And Restaurants
The Texas Dram Shop laws may allow bar establishments to be sued for continuing to serve intoxicating beverages to an individual who was already intoxicated before the accident happened.
Employers And Car Owners
In cases where the impaired individual is driving a company car or working while driving, the employer could be jointly liable. The car owner who permitted the intoxicated individual to use the vehicle could be held liable under the negligent entrustment law.
A skilled Houston DUI accident lawyer will explore other avenues for pursuing compensation apart from just filing a claim against the insurance provider of the drunk driver.
How A Houston DUI Accident Lawyer Builds A Strong Injury Claim
That’s just the beginning of making a successful DUI accident case. A Houston DUI accident lawyer must demonstrate the totality of the damages resulting from the injuries and also needs to calculate current and future damages.
When it comes to drunk driving accident cases, law firms will typically work in conjunction with:
- Medical professionals
- Toxicologists
- Accident reconstructors
- Life care planners
- Experts on economic damages
All of these professionals will help illustrate the accident, how it occurred, and how it will affect the plaintiff in the future.
Finally, attorneys help the insurer in negotiations on behalf of the client. The adjusters at these companies will take steps to cut costs or force victims of a car accident to settle for the first offer without knowing the full scope of their damages.
What Victims Should Do Immediately After A Drunk Driving Accident
Steps taken right after the accident may influence the outcome of a possible lawsuit. It is critical for the victim to focus on their safety and collecting evidence at the same time.
Some essential measures are:
- Dialing 911 and reporting suspected intoxication.
- Visiting a doctor even if there are no visible injuries.
- Filing a police report.
- Getting contact details of witnesses.
- Taking pictures of car damage, injury, and the accident site.
- Not admitting any blame until speaking with a lawyer.
- Hiring a Houston DUI accident lawyer as soon as possible.
Prompt legal assistance will ensure proper preservation of evidence and uncover more insurance options.
Conclusion
Accidents caused by drunk driving typically result in devastating injuries and massive financial burdens for the injured person and their loved ones. Due to the special nature of these accidents and associated legal matters, such as punitive damages, Dram Shop Law, and insurance issues, seeking an expert lawyer’s help is necessary. An effective Houston DUI accident lawyer will be able to analyze the case, collect vital information, reveal all responsible parties and help victims claim rightful compensation.
