What Is the Legal Process When a Drunk Driver Has Killed Someone?

When a drunk driver has killed someone, they will likely face a lifetime of severe consequences. The civil case may be the least of their worries, as they will almost certainly face criminal charges as well. While criminal judgment may bring the victim’s family some degree of closure, it won’t protect them financially.

Whenever a family loses a parent or child, the pain is immeasurable. While financial concerns seem miniscule compared to emotional pain, a family has a right to compensation from the negligent party.

If you lose a loved one to a drunk driving collision, our drunk driving accident lawyers at Terry Bryant Accident & Injury Law can help you seek compensation. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free consultation.

Why hire our lawyers at Terry Bryant Accident & Injury Law?

Terry Bryant Accident & Injury Law has existed for decades, and in that time, we have helped many families recover compensation from drunk drivers after the untimely death of their loved ones. We can analyze your case and get you started on the path to compensation. We understand the legal process and applicable laws and will explain everything you need to know.

Mr. Bryant is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, so you can count on him. We are always available to listen to you and provide guidance, so do not hesitate to contact us.

We have recovered over $1 billion in gross recoveries and have 98% positive ratings from our online reviews. 

What happens when a drunk driver kills someone in a drunk driving accident?

If a drunk motorist causes a wreck terrible enough to cause fatal injury, they will have little in the way of a defense. Police responding to the accident will note right away that the motorist is intoxicated and record this in all relevant reports. The motorist will be arrested, and charges will be filed. In short, there will be nowhere for an intoxicated motorist to hide if they cause a fatal crash.

Inebriated motorists rarely avoid liability for the damages they cause. As soon as someone gets behind the wheel of a vehicle while under the influence, they are breaching an essential duty of care. As intoxicated motorists cannot control their speed or reliably pay attention to changing road conditions, they are not fit to operate a vehicle. This constitutes a clear example of negligence and means that an intoxicated motorist will be liable for civil damages and probably face criminal consequences.

If you or someone you know has been affected by such negligence, consulting with a Houston vehicle accident lawyer can be essential to understanding your rights. However, even though liability is often clearly defined when a drunk driver has killed someone, there may be other parties involved in the claim as well.

This may include a local bar that served the motorist too much alcohol. It may also include someone who lent their vehicle to the defendant, knowing that they might become intoxicated and operate the car. As a single motorist is unlikely to have the assets or insurance to compensate the family adequately, an attorney will investigate the incident thoroughly to determine if others share responsibility for the crash.

An attorney, especially a drunk driving accident attorney, can also guide a complex settlement process, ensuring that all of the family’s interests are accounted for. When a drunk driver has killed someone, they may have taken away a primary breadwinner or someone responsible for care or counsel. Determining the “worth” of such damages is difficult, but we will work hard to determine the case’s fair and reasonable value.

When seeking compensation for the death of a loved one, get legal representation from a lawyer who can advocate for your rights and navigate the complex legal system.

What is the legal process when a drunk driver has killed someone?

After a fatal drunk driving accident, the legal process will involve the following:

Investigation

Law enforcement officers will investigate the accident to gather evidence to determine the cause of the crash. They will interview witnesses to see if the driver drove erratically before the accident and conduct field sobriety tests, breathalyzer tests, and other necessary tests to determine the driver’s level of intoxication.

Lawsuits

A drunk driver who caused a fatal accident will face criminal charges for DUI and intoxicated manslaughter. If convicted, the drunk driver faces fines, license suspension or revocation, probation, or imprisonment, depending on the severity of the offense and any previous convictions. Aside from the criminal trial, the victim’s family can file a wrongful death lawsuit.

The wrongful death lawsuit seeks compensation for damages suffered by the deceased victim’s family. The compensation covers:

• Medical expenses incurred before the victim died
• Loss of income and financial support
• Pain and suffering
• Loss of companionship
• Funeral and burial expenses.

Settlement or trial

It is possible that the wrongful death lawsuit can be resolved through a settlement without going to trial. Our lawyers will present an amount we believe you are entitled to based on your losses, and the other party can counter. If their offer is low and they are unwilling to make changes, we may proceed with litigation, and possibly all the way to trial. We are experienced trial lawyers with a winning track record, so we are confident in our ability to fight for maximum compensation.

Our lawyers can take you through this process, protecting your rights and interests and updating you as the case progresses.

Did you lose a loved one to a drunk driving accident? We can help!

If you lost a loved one to a drunk driving accident, our attorneys at Terry Bryant Accident & Injury Law can help you pursue justice and compensation for your loss. We will prioritize your interests and ensure the irresponsible drunk driver is held accountable. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential initial consultation.