What You Need to Know and How a Texas Personal Injury Attorney Can Help.
Being involved in a car accident with a drunk driver can impact your life in a number of negative ways. In the state of Texas, if you have been injured after being hit by a drunk driver, you have a legal right to hold that person accountable for your injuries, pain and suffering and other damages.
An Arrest Isn’t Necessary
Although driving under the influence (DUI) is a crime in Texas and elsewhere in the United States, the driver who hit you doesn’t necessarily have to have been arrested in order for you to file a personal injury claim against them. All that is required is that you can prove the other driver’s negligence based on the details of the accident itself. Additionally, a personal injury claim is a civil matter and does not require an arrest.
However, if the individual has been arrested, there essays services may be a criminal case against them as well. Regardless of whether there are criminal charges pending against the drunk driver who hit you, you have a legal right to recover compensation to cover the costs of your medical expenses, any ongoing treatment, vehicle damage, pain and suffering, and lost wages.
Differences Between Civil and Criminal Law in Drunk Driving Cases
The reason an injured plaintiff must take civil action and file a personal injury suit against a drunk driver is that criminal law is only in place to punish the drunk driver. The civil justice system exists to compensate victims. You also have to file a claim against the other person’s auto insurance company, which is one reason why having an attorney on your side is so essential. One of our DUI Accident Warriors has the knowledge and experience needed to deal with the insurance company and will ensure that you get an amount that is more than fair.
DUI Charges in a Drunk Driving Accident
When a person is charged with a DUI, they will be arrested and can face a prison term, probation, fines, and other penalties. Additionally, if another person was injured in an accident caused by the drunk driver, police reports and a subsequent investigation reflects that the individual responsible for the accident was under the influence of alcohol. This can speed up your claim with their auto insurance company, which differs from an accident with a driver who was not drunk.
Damages You Can Claim After a Drunk Driving Accident
Whether you were involved in an accident with a drunk driver as another driver, a pedestrian, a cyclist, motorcyclist or even as a pedestrian in the same vehicle with them, you have a right to recover compensation. Making a claim against the drunk driver’s insurance company.
Per the law in Texas, you can recover compensation for the following:
- Disfigurement
- Loss of consortium
- Loss of earning capacity
- Loss of services
- Medical expenses
- Mental anguish
- Physical impairment
- Physical pain
- Repair or replacement of damaged property
If you have been injured in an accident with a drunk driver, call our law offices today and get a free strategy session.
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Hurt By an Impaired Driver?
Contact the Accident Warrior at Sewell Law Firm Today
Getting into an accident with an impaired driver can be one of the most frightening experiences a motorist or passenger can face while on Texas roads. After all, if you incur injuries in such a crash, you’re likely dealing with hefty medical bills, lost wages, vehicle damage, pain and suffering, emotional distress, and several other economic and non-economic damages.
Fortunately, suing an impaired driver is an option that can help you recover your damages and move forward with your life. If an impaired driver in Texas has injured you, consult an experienced drunk driving accident lawyer at the Sewell Law Firm. You need to be informed of your legal options and ensure your rights remain protected.
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