If you are the victim of a DUI accident, call our Texas personal injury law firm today to learn more about your rights. You do not have to settle for the insurance company’s first offer of compensation. In fact, you’re probably entitled to significantly more than what they offered. Do not let them take advantage of you after a life-changing accident. Get a lawyer who can help protect you and seek the compensation you deserve.
DUI Accidents: Devastating and Life-Changing
When someone drinks and drives, there’s no telling what the impact will be on other drivers and pedestrians. Drunk drivers speed, drive erratically, crash into things, go the wrong way, miss turns, blow through lights, and more. Everyone else on the road pays the price. If a drunk driver has hit you, there’s a good chance you have serious and lasting injuries. The death toll from driving under the influence is much too high as well. If you’re a surviving family member of a victim killed in a drunk driving accident, you know this all too well.
DUI accident victims and surviving family members need to know that they could recover substantial compensation for losses from such a devastating type of accident. The drunk driver and their insurance company could be on the hook for your medical bills, lost wages, and even compensation for the emotional toll of the accident. It’s very important to speak to a lawyer shortly after the accident to start building the best case for compensation.
How Are DUI Accidents Different than Typical Traffic Collisions?
Several factors differentiate a DUI accident case from a typical traffic collision. First, it’s a lot easier to determine who’s at fault when one of the drivers involved was under the influence of alcohol or drugs. In a typical traffic collision, proving fault can be a lot trickier because you need some kind of evidence that the other driver failed to yield, was speeding, wasn’t paying attention, or did something else wrong. In a DUI case, you usually have hard evidence that the other driver was impaired, such as breathalyzer results, sobriety testing, and police officer observation at the scene.
Second, DUI accidents often lead to criminal proceedings against the impaired driver. If the police find evidence of DUI driving, the district attorney’s office will typically pursue a criminal charge of driving under the influence. While your personal injury case for compensation is completely separate from the criminal case, a conviction in the criminal case can support your case. And you can pursue your case at the same time as the criminal case.
Third, you may have the ability to recover punitive damages in a DUI accident case. Punitive damages are intended to punish the other driver for reckless or egregious conduct. A DUI driver’s actions may rise to the level that a jury feels punitive damages are appropriate.
Fourth, you may have the ability to recover damages for the emotional and psychological toll of the accident. Because DUI accidents can be extremely devastating and life-changing for victims, it may be straightforward to prove the extent of an accident’s impact on your life. Moreover, juries may be more sympathetic to DUI accident victims because driving drunk is often perceived very negatively.
Finally, insurance companies tend to take DUI accident cases more seriously. As mentioned above, the insurance company may make a lowball settlement offer to limit its liability, especially if you do not have an attorney. If you are represented, the company might make a relatively high settlement offer early on to try to make the case go away. If they see the case as riskier, especially if it’s likely to exceed coverage limits, they may fight to limit liability. It’s important to hire a personal injury lawyer who understands insurance company tactics and can advise you on the compensation you actually deserve, not just what the company initially offers.
Frequently Asked Questions
A drunk driver killed my close friend. Can I sue?
In Texas, only family members can sue for wrongful death (spouse, children, or parents). However, as a close friend of the deceased person, you may want to speak with their family about scheduling a consultation with a lawyer. They may not realize that they have the right to sue on their loved one’s behalf.
I believe the DUI driver who hit me was overserved by a nearby bar. Will this help my case?
If you suspect that a bar overserved the impaired driver who hit you, please reach out to our firm. We handle both personal injury cases and Texas Dram Shop Act cases. In a Dram Shop Act case, you pursue compensation from a bar that overserves a customer to the point of endangering others. Our firm can help you uncover evidence that could support both cases.
“No Better Friend” “No Worse Enemy” in DUI Accident Cases
Have you suffered a serious injury in an accident caused by a DUI driver? Do you need help recovering the compensation you deserve? At Allen & Nunnally, our success on behalf of injured clients shows why hardworking Texans trust us to fight for them. We pride ourselves on maintaining a high level of preparation and discipline, which stems from our time in the Marines. To schedule a consultation with one of our Houston-based attorneys, email us at info@allen-nunnally.com, use our convenient Contact Form, or call (713) 955-2217.