Personal Injury Claims Involving Drunk Driving Accidents

Personal injury cases can be complicated. However, when your car accident lawsuit concerns an accident caused by a drunk driver, there are several different factors that may make your case even more complex. To maximize your chances of a fair settlement, you should consult with our car accident attorney who has experience with personal injury cases where the at-fault driver was intoxicated. Here’s a closer look at how personal injury claims involving drunk driving accidents may differ from accidents caused by a sober driver.

It might seem as if personal injury cases against drunk drivers would be faster since driving drunk makes the at-fault driver’s negligence especially clear. However, the presence of a related criminal case, the large amount of evidence to gather, and the possibility of other liable parties make these cases more complex than you might expect.

How Does Drunk Driving Influence Your Personal Injury Claim?

Car Accident Lawsuits Can Be More Complex Than You Think

One way in which being hit by a drunk driver benefits your car accident lawsuit is that proving negligence is much easier. Ordinarily, your legal team must prove the elements of negligence to win your case:

• The other driver had a duty of care to you.
• They violated that duty.
• Their violation of the duty of care caused your injuries.
• You have damages to collect as a result of your injuries.

However, driving while drunk is legally considered negligence per se, which means “negligence in itself.” Essentially, someone who is driving while drunk is automatically considered to have violated their duty of care. This means your legal team just needs to prove that the driver’s actions caused your injuries and you have damages to collect as a result.

The “proving negligence” element might be easier in a drunk driving case, but there are a few different factors that can make your lawsuit more challenging to resolve:

There’s Likely a Criminal Case Going On

This is a major complicating factor. If you were hit by a drunk driver — and hit severely enough to sustain serious injuries — police will almost certainly arrest and charge the driver. Usually, personal injury lawyers will wait for the criminal case to be completed before pursuing civil action. However, if you are facing financial challenges and need compensation sooner rather than later, your lawyer may be able to arrange for your civil case to be heard while the criminal case is ongoing.

Have you been injured in a car accident caused by a drunk driver? We’re here for you. Call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll free 1 (800) 444-5000 for your free & confidential consultation today.

There’s a Large Amount of Evidence to Be Collected

In a car accident case involving an intoxicated driver, your lawyer will want to provide as much evidence as possible showing that the driver was intoxicated. They will also want to prove the extent of the losses you’ve suffered as a direct result of the driver’s actions. This often means that your legal team will need to gather a significant body of evidence that may include the following:

• The police report of the accident
• Proof of the driver’s blood alcohol concentration (BAC)
• Field sobriety test results
• Witness statements
• Statements from the officer who arrested the driver
• Photos of the accident scene
• Video footage of the accident itself
• Copies of your medical bills and medical records
• Testimony from your healthcare providers
• Proof of the wages you lost as a result of the accident
• Any other accident-related expenses.

In Texas, you generally have two years from the date of your accident to file a lawsuit. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) However, you shouldn’t wait until the last minute to do so. A strong case increases your chances of securing a settlement, and your legal team will need time to craft a strong case. The more time you can give them, the better.

Other Parties Might Be Partially at Fault

If a drunk driver causes a car accident, they are undoubtedly at fault. However, if the driver was drinking at a bar, restaurant, or other establishment before they got behind the wheel, the establishment that served the alcohol may be partly at fault for the accident. That’s because of Texas dram shop laws that allow alcohol providers to be sued for damages if they served alcohol to someone who was so intoxicated they posed a safety risk to themselves, others, or both.

Proving that the server on duty should have known the person they served alcohol to was very intoxicated can be a challenge, but your lawyer may be able to use video footage and witness statements to support your case. Gathering this evidence can take additional time.

Do You Need to Wait Until the Criminal Case Is Complete Before Filing a Lawsuit?

If you were injured by a drunk driver, Houston courts will almost certainly pursue a criminal case against the driver. In many cases, a civil court judge will determine that you must wait until the criminal case has been resolved before filing a lawsuit. This can have some advantages — your attorney may be able to use some of the evidence presented at the criminal trial in your civil case.

If the driver has been convicted of a DWI (and possibly related offenses as well), you stand a good chance of winning your case. The standard of proof in a civil lawsuit is less rigorous than the standard in a criminal case:

• In a civil case, the jury must find that a “preponderance of evidence” suggests the defendant is guilty.
• In a criminal case, the jury must be convinced of the defendant’s guilt beyond a reasonable doubt.

The difference in the standard of proof between the two types of cases means that even if the defendant is found not guilty in a criminal trial, there’s still a possibility that you could file a personal injury lawsuit against them and win. As long as you have significant evidence that points to the at-fault party, you may still be able to win a civil lawsuit.

What Kind of Compensation Can You Recover in a Lawsuit?

If a drunk driver causes an accident that results in serious injuries, a car accident attorney may be able to help you obtain financial compensation. In civil law, “damages” is a term referring to compensation for losses. There are two broad categories of damages you may recover:

• Economic Damages: Compensation for quantifiable losses like medical expenses
• Non-Economic Damages: Compensation for intangible losses like physical pain and disfigurement.

How much you can recover in damages is determined by many different factors. The only way to get an idea of how much your case may be worth is to make an appointment with our car accident lawyer.

Have You Been Hurt by a Drunk Driver?

Terry Bryant Accident & Injury Law Is Here for You

Drunk drivers are acting with disregard for the lives of others on the road. Even if you drive very carefully, you might be hit by a drunk driver who’s speeding, swerving, or otherwise violating traffic laws. If you suffer serious injuries in an accident caused by a drunk driver, that drunk driver should be held responsible — and you shouldn’t have to cover your medical bills and related expenses alone.

Most people would agree that a victim of a drunk driver should receive compensation. However, you must still go through the civil courts if you’re seeking financial compensation, and, even then, it’s not guaranteed that you’ll win your case. To maximize your chances of receiving the compensation you deserve, you need a skilled personal injury lawyer. Our team at Terry Bryant Accident & Injury Law has been helping injured Texans get justice since 1985, and we may be able to help you, too.

The sooner you contact us, the sooner we can start working on your case. Call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 for your free & confidential consultation.