What Is a Drunk Driving Accident Claim?
A Dallas drunk driver accident occurs when an individual operates a vehicle while under the influence of alcohol or drugs, impairing their ability to drive safely. These accidents can cause severe injuries, property damage, and even fatalities, making them one of the most dangerous types of collisions on Dallas roads. At Texas Lawyers 365, our drunk driver lawyers are dedicated to helping victims of drunk driver accidents recover compensation for their injuries and losses.
Understanding Drunk Driving Accidents
A drunk driver accident is typically caused by a driver who has consumed alcohol or drugs that impair their judgment, reaction times, and motor skills. In Texas, drunk driving is considered a serious offense and is classified as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). The consequences of drunk driving can be devastating not only for the driver but also for innocent victims on the road.
If you’ve been involved in a Dallas drunk driver accident, it is essential to understand that the at-fault driver can be held legally responsible for both criminal charges and civil liability. While criminal charges are intended to punish the drunk driver, drunk driver accidents can also result in personal injury claims that allow victims to seek compensation for their medical bills, lost wages, pain and suffering, and other damages.
Criminal Charges and Their Impact on Personal Injury Claims
One of the unique aspects of a drunk driver accident is the potential for criminal charges to strengthen your personal injury claim. When the Dallas drunk driver faces DUI or DWI charges, the legal consequences they face in criminal court may support your case in civil court.
For example, if the driver is convicted of DUI/DWI, this conviction can be used as evidence of their negligence, making it easier for your drunk driver lawyer to prove fault in your driver accident claim. A criminal conviction provides strong evidence of intoxication, which can be used to show that the other driver’s impaired driving caused the accident and your injuries. In some cases, this can lead to the awarding of punitive damages, which are designed to punish the drunk driver for their actions and prevent future occurrences.
A Dallas drunk driver accident can have life-altering consequences for victims, but the law allows those harmed by impaired drivers to seek justice. Drunk driver accidents involve both criminal charges and civil liability, providing victims with the opportunity to recover damages through a personal injury claim. If you’ve been injured in a drunk driver accident, it’s important to consult with a skilled drunk driver attorney who can help you navigate the legal process and fight for your rights.
Common Scenarios Involving Drunk Drivers & Typical Injuries in Dallas
Being involved in a Dallas drunk driver accident can be a terrifying and life-changing experience. When a drunk driver is behind the wheel, the risk of severe accidents significantly increases. Whether the crash involves a rear-end collision, T-bone crash, head-on collision, or even a hit-and-run, the consequences can be catastrophic. At Texas Lawyers 365, our drunk driver lawyers are dedicated to helping victims of drunk driver accidents recover the compensation they deserve.
Below are some of the most common scenarios involving drunk drivers and the typical injuries victims sustain.
Common Crash Types in Drunk Driving Accidents
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Rear-End Collisions
Rear-end collisions are common in Dallas drunk driver accidents. A drunk driver may fail to notice that traffic has slowed or stopped ahead due to impaired reaction times. This can result in a violent rear-end crash. Victims of these accidents often experience whiplash, neck injuries, and back pain. In some cases, more severe injuries can occur, especially if the accident happens at high speeds.
As your driver accident lawyer, we will gather evidence, such as eyewitness statements, dashcam footage, and police reports, to prove that the driver’s impaired state caused the rear-end collision. We’ll help ensure you receive full compensation for medical expenses, lost wages, and pain and suffering.
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T-Bone (Side-Impact) Collisions
In Dallas drunk driver accidents, T-bone collisions are another common type of crash. These accidents typically happen at intersections when a drunk driver runs a red light or fails to yield to traffic. The result is a side-impact collision that can cause significant damage to the victim’s vehicle and injuries to the occupants.
T-bone crashes often result in traumatic brain injuries (TBIs), broken bones, and internal injuries, especially if the victim’s side of the vehicle takes the brunt of the impact. Our drunk driver attorney team at Texas Lawyers 365 will help you recover compensation for your medical treatments and ensure that justice is served.
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Head-On Collisions
Head-on collisions are among the most dangerous accidents, and they often occur in Dallas drunk driver accidents. Drunk drivers may drift into oncoming traffic or fail to maintain control of their vehicle, causing a head-on crash. These types of accidents are typically severe and can result in life-threatening injuries.
Victims of head-on collisions often suffer from spinal injuries, broken bones, internal injuries, or severe TBIs. Our driver accident lawyers will work with medical experts to calculate the long-term effects of these injuries and help you seek the full compensation you deserve for your recovery, including surgeries, rehabilitation, and emotional trauma.
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Hit-and-Run Accidents
Unfortunately, in some Dallas drunk driver accidents, the driver flees the scene. This is known as a hit-and-run accident, and it can make pursuing a claim more difficult. However, even if the drunk driver leaves the scene, our drunk driver lawyer team at Texas Lawyers 365 will work diligently to identify the at-fault driver through evidence such as traffic cameras, witness statements, and forensic investigations.
Hit-and-run victims often face more challenges when it comes to recovering compensation, but we are here to ensure that justice is pursued, even if the responsible driver attempts to escape accountability.
Typical Injuries from Drunk Driving Accidents
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Traumatic Brain Injuries (TBIs)
One of the most serious injuries resulting from a Dallas drunk driver accident is a traumatic brain injury. TBIs occur when a victim’s head strikes a hard surface during a crash. Symptoms of a TBI can range from mild concussions to severe cognitive impairments. Victims may experience headaches, memory loss, difficulty concentrating, and long-term emotional changes. In some cases, TBIs can lead to permanent disability.
Our drunk driver attorneys at Texas Lawyers 365 will work with neurologists and other medical experts to assess the full extent of your injury and help you pursue the compensation you need for both current and future medical care.
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Spinal Injuries
Spinal injuries, including herniated discs, fractures, and in severe cases, paralysis, are common in drunk driver accidents. A drunk driver may fail to react quickly enough to avoid a crash, leading to a violent impact that causes damage to the spine. These injuries can have lasting consequences, requiring extensive treatment and long-term rehabilitation.
If you’ve sustained a spinal injury in a Dallas drunk driver accident, our driver accident lawyers are here to ensure that you receive compensation for surgeries, physical therapy, and any adjustments to your lifestyle, such as home modifications or mobility aids.
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Fractures and Broken Bones
Broken bones are another common injury in Dallas drunk driver accidents. Whether it’s the impact of a head-on collision, a T-bone crash, or a rear-end accident, drunk driver accidents often result in fractures to the arms, legs, ribs, or pelvis. Depending on the severity of the break, fractures may require surgery, extended recovery times, and physical therapy.
Our drunk driver lawyer team will work closely with medical professionals to document the full extent of your fractures and help you pursue compensation for medical bills, lost wages, and pain and suffering.
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Emotional Trauma and Pain and Suffering
In addition to physical injuries, the emotional trauma caused by a Dallas drunk driver accident is significant. Victims may experience anxiety, depression, PTSD, or other forms of emotional distress as a result of the crash. These mental health effects can be just as debilitating as physical injuries.
Who Can Be Held Liable in DUI Accidents in Dallas?
If you’ve been involved in a Dallas drunk driver accident, it’s essential to understand who can be held legally responsible for your injuries and damages. In many cases, the drunk driver is the primary party at fault. However, liability in drunk driver accidents can extend to other individuals or entities, depending on the circumstances. At Texas Lawyers 365, our drunk driver attorneys are committed to helping you navigate these complexities and ensure that all responsible parties are held accountable for their actions.
The Drunk Driver
The primary person who can be held liable in a Dallas drunk driver accident is, of course, the intoxicated driver themselves. When a driver operates a vehicle while under the influence of alcohol or drugs, they are engaging in reckless and negligent behavior. Drunk drivers often fail to follow traffic laws, such as obeying speed limits or stopping at red lights, increasing the risk of accidents.
If the Dallas drunk driver causes an accident, they can be held liable for both criminal charges (DUI or DWI) and civil damages. These civil damages can include compensation for:
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Medical expenses (past and future)
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Lost wages and future earning capacity
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Pain and suffering
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Emotional distress
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Property damage
Our driver accident lawyer team at Texas Lawyers 365 will investigate the details of your case, gather crucial evidence such as police reports and blood alcohol content (BAC) tests, and work to hold the intoxicated driver responsible for the harm caused.
Bars and Restaurants (Dram Shop Liability)
In some cases, liability for a drunk driver accident may extend beyond the driver. Under dram shop laws, establishments such as bars and restaurants can be held responsible if they serve alcohol to an obviously intoxicated person who later causes an accident. These laws are designed to prevent establishments from over-serving alcohol and contributing to dangerous situations on the roads.
If you were injured in a Dallas drunk driver accident and the driver had been over-served alcohol at a local bar or restaurant, you may have the right to file a claim against that establishment under dram shop liability. To prove this, our drunk driver lawyer team will gather evidence such as receipts, witness testimony, or surveillance footage that shows the driver was intoxicated when served alcohol.
Employers of Drunk Drivers (Vicarious Liability)
In certain situations, an employer can be held liable for the actions of an employee who causes a drunk driver accident while performing work-related duties. Under vicarious liability, an employer is held responsible for the actions of an employee when those actions occur within the scope of their employment.
For example, if a Dallas drunk driver is a delivery driver who causes an accident while intoxicated, the employer may be held liable if the driver was on the clock at the time of the crash. Employers are responsible for ensuring their employees are fit to drive and for creating a safe work environment. If they fail to do so, they may share responsibility for the accident.
Our driver accident attorney team will investigate the circumstances of the crash, determine if the drunk driver was on the job at the time of the accident, and work to hold the employer accountable.
Third-Party Entities (Vehicle Owners or Maintenance Providers)
In some Dallas drunk driver accidents, liability can extend to third-party entities, such as vehicle owners or maintenance providers. If the drunk driver was driving a company vehicle, the company could be held responsible for failing to maintain or ensure that the vehicle was in a safe condition.
Additionally, if a drunk driver was driving a car they did not own, the vehicle owner could potentially be held liable if they knowingly allowed an intoxicated person to drive their car. Similarly, if a maintenance provider failed to address vehicle malfunctions that contributed to the accident, they could be held responsible under product liability or negligence laws.
Our drunk driver attorney team at Texas Lawyers 365 will explore every angle of your case and determine if third parties, such as vehicle owners or maintenance companies, may share responsibility for the drunk driver accident.
Other Third Parties (Social Hosts or Friends)
In rare cases, third parties such as social hosts or friends may be held responsible for a drunk driver accident if they knowingly allowed a person to drive while intoxicated. While Texas law does not typically hold social hosts liable for drunk driving accidents, some circumstances—such as serving alcohol to minors—may result in legal responsibility for the resulting harm.
Immediate Steps After a Drunk Driving Crash in Dallas
Being involved in a Dallas drunk driver accident is a distressing and overwhelming experience. However, knowing what steps to take immediately after the crash can make a significant difference in your ability to recover compensation for your injuries and damages. At Texas Lawyers 365, our drunk driver lawyers are here to guide you through the critical steps you need to take following a drunk driver accident. Below is a step-by-step guide to help you protect your health, rights, and future.
1. Seek Emergency Medical Attention
Your health and safety should always be your top priority. After a Dallas drunk driver accident, even if you don’t feel immediately injured, it’s essential to seek emergency medical attention. Some injuries, such as whiplash, concussions, or internal injuries, may not show immediate symptoms but can worsen over time if left untreated.
Call emergency services or ask someone at the scene to do so. Let medical professionals evaluate your condition and treat any injuries on-site or transport you to a hospital if needed. Getting prompt medical care will not only protect your health but also create a record of your injuries, which is crucial for your drunk driver accident claim.
2. Request a Police Report and BAC Documentation
In any Dallas drunk driver accident, law enforcement should be contacted to document the crash. A police officer will create an official accident report that includes important details about the scene, the involved parties, and any potential signs of intoxication. It’s essential to request a copy of this police report after the incident as it will serve as a key piece of evidence in your case.
In cases involving drunk drivers, it’s also vital to ensure that the officer documents the driver’s Blood Alcohol Content (BAC) level. If the driver’s BAC is above the legal limit (0.08% in Texas), this provides critical evidence of intoxication, which strengthens your personal injury claim. Our drunk driver attorney team at Texas Lawyers 365 will use this report and BAC documentation to hold the intoxicated driver accountable for their actions.
3. Collect Photos, Witness Contact Information, and Video Evidence
Documentation is a crucial part of any drunk driver accident claim. Taking immediate action to collect evidence will strengthen your case. Here’s what you should do:
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Photos: Take photos of the accident scene, including vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries. These images will provide a clear record of the events leading up to and following the crash.
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Witness Information: Speak to anyone who witnessed the accident and collect their contact details. Witnesses can provide valuable testimony regarding the driver’s behavior, such as signs of intoxication or erratic driving.
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Video Evidence: If there are traffic cameras nearby or security cameras from businesses in the area, ask for footage of the accident. This footage can be invaluable in proving the drunk driver’s impairment or the events leading to the crash.
Our driver accident lawyers at Texas Lawyers 365 will help you gather and preserve this evidence to build a strong case for your personal injury claim.
4. Contact a Dedicated Drunk Driving Accident Attorney Before Discussing with Insurance
Before speaking with insurance companies, it’s critical to contact a drunk driver attorney as soon as possible. Insurance companies often try to minimize payouts or even shift blame to the victim. A Dallas drunk driver lawyer from Texas Lawyers 365 can advise you on how to navigate the complexities of your claim and ensure that your rights are protected from the outset.
Here’s why contacting a driver accident lawyer before dealing with insurers is crucial:
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Insurance companies may attempt to offer a low settlement: Insurance adjusters may pressure you into accepting a quick settlement, which may not cover all your medical expenses, lost wages, and long-term care.
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A lawyer helps protect your rights: Speaking with an experienced drunk driver attorney before talking to insurers ensures you understand the full scope of your claim and the compensation you are entitled to.
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Legal expertise: Your drunk driver lawyer can handle communication with the insurance companies, negotiate on your behalf, and take the legal burden off your shoulders while you focus on recovery.
How a Drunk Driver Accident Lawyer Advances Your Case in Dallas
If you’ve been injured in a Dallas drunk driver accident, you need a skilled drunk driver attorney to help you navigate the legal process and ensure that you receive the compensation you deserve. The aftermath of a drunk driver accident can be overwhelming, but with the help of an experienced driver accident lawyer from Texas Lawyers 365, you’ll have the legal expertise necessary to take action. Below, we detail the key legal services our drunk driver lawyers provide to advance your case and fight for your rights.
Investigations into DUI Arrest and Reconstructing the Crash
One of the first steps in advancing your Dallas drunk driver accident case is thoroughly investigating the crash. Our drunk driver attorneys will obtain and review police reports, focusing on any details related to the DUI arrest. These reports typically include evidence such as the blood alcohol content (BAC) of the at-fault driver, details of their field sobriety test, and witness statements. This information plays a crucial role in proving that the drunk driver was impaired at the time of the crash.
Additionally, our driver accident lawyers will work with accident reconstruction experts to analyze the specifics of the crash. Reconstructing the accident helps us understand how the Dallas drunk driver caused the collision and the extent of the damages. We will use this information to establish liability and build a strong case on your behalf.
Collaboration with Toxicology, Accident Reconstruction, and Medical Experts
To strengthen your case, our drunk driver attorneys collaborate with various experts who provide vital testimony and evidence:
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Toxicology Experts: We will consult with toxicologists to confirm the driver’s level of impairment based on their BAC and any other substances that may have been involved. Toxicology reports are key in proving that the driver was intoxicated and that their actions were directly responsible for the accident.
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Accident Reconstructionists: Our team works with accident reconstruction specialists who will use evidence, such as skid marks, vehicle damage, and traffic camera footage, to recreate the accident. This helps us show exactly how the drunk driver caused the crash, which strengthens your claim.
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Medical Experts: We work with medical professionals to evaluate the full extent of your injuries. Whether you have suffered physical injuries, emotional distress, or long-term disabilities, these experts will help determine the medical costs associated with your recovery and any long-term care needs.
By working with these specialists, our Dallas drunk driver lawyers will ensure that every aspect of the case is thoroughly investigated and presented, helping you recover the maximum compensation possible.
Negotiation with Insurers, Including for Punitive Damages
After a Dallas drunk driver accident, insurance companies may attempt to settle your claim quickly with a low offer, hoping you will accept less than what you are entitled to. However, drunk driver accident lawyers at Texas Lawyers 365 are skilled at negotiating with insurance companies to ensure that you receive fair compensation for your injuries, lost wages, pain and suffering, and other damages.
In cases where the drunk driver was particularly reckless or caused extreme harm, we may also seek punitive damages. These damages are designed to punish the at-fault driver for their egregious behavior and deter others from driving under the influence. Punitive damages can significantly increase the compensation you receive, and our driver accident lawyers will fight for these damages if they are warranted by the circumstances of your case.
Filing Civil Suits Where Warranted
If the insurance company refuses to offer a fair settlement or if negotiations break down, our drunk driver attorney team is prepared to take your case to court. Filing a civil lawsuit allows us to pursue full compensation for your injuries, damages, and suffering.
In a civil lawsuit, we will present evidence of the Dallas drunk driver’s negligence, including the details of the DUI arrest, toxicology results, accident reconstruction reports, and expert testimony. We will seek to hold the drunk driver fully accountable for the harm they caused, and we will represent you through every step of the litigation process.
Types of Compensation You May Recover After a Dallas Drunk Driver Accident
Being involved in a Dallas drunk driver accident can be life-altering, leading to physical, emotional, and financial hardships. If you or a loved one has been injured in a drunk driver accident, you have the right to seek compensation for the damages you have suffered. At Texas Lawyers 365, our drunk driver lawyers are dedicated to helping victims of Dallas drunk driver accidents recover the compensation they deserve. Below, we outline the types of damages you may be entitled to after a drunk driver accident, including medical treatment, lost wages, pain and suffering, property damage, and wrongful death damages.
1. Medical Treatment (Acute and Long-Term)
One of the most significant types of compensation you can recover after a Dallas drunk driver accident is for medical treatment, both immediate and long-term. The injuries sustained in a drunk driver accident can range from mild to severe, and the costs associated with medical care can quickly add up. You may be entitled to recover:
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Emergency room visits and hospital stays
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Surgical procedures required for injuries like broken bones or internal damage
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Physical therapy and rehabilitation for injuries such as whiplash or back pain
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Long-term care if your injuries require ongoing treatment or permanent disability accommodations
Our driver accident lawyers will work with medical experts to document the full extent of your injuries and ensure that you are compensated for both current medical expenses and any future care needed for long-term recovery.
2. Lost Wages and Diminished Earning Ability
If your injuries from a Dallas drunk driver accident prevent you from working, you may be entitled to compensation for lost wages. This includes the income you have lost while recovering from your injuries, as well as any potential future lost wages if your ability to work is permanently affected.
Additionally, if your injuries result in diminished earning capacity—meaning you are unable to earn the same amount of money as before due to your condition—you may be entitled to compensation for that loss as well. This could include:
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Wages lost during recovery if you are unable to work during your healing process
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Future income loss if your injuries prevent you from returning to your previous job or performing at the same level
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Loss of career opportunities if your injuries impact your ability to pursue future career goals
Our drunk driver attorney team at Texas Lawyers 365 will work with economic and vocational experts to calculate the full impact of your lost wages and reduced earning potential to ensure that you are fairly compensated.
3. Pain, Suffering, Mental Anguish, and PTSD
In addition to physical injuries, the emotional and psychological toll of a Dallas drunk driver accident can be profound. Victims of drunk driver accidents often experience pain, suffering, and mental anguish as a result of the traumatic event. In some cases, post-traumatic stress disorder (PTSD) may also result from the emotional trauma of the crash.
You may be entitled to compensation for:
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Physical pain and suffering caused by your injuries, including chronic pain or long-term disabilities
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Mental anguish from the stress, anxiety, and emotional pain caused by the accident
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PTSD, anxiety, or depression resulting from the trauma of the accident, which can affect your daily life
4. Property Damage
Property damage is another form of compensation you may be eligible to recover after a drunk driving accident in Dallas. If your vehicle or other personal property was damaged in the crash, you could receive payment to cover repair costs or the full replacement value of the damaged items. This compensation can cover the cost of repairing your vehicle or replacing it entirely if it was totaled in the accident. It may also include reimbursement for personal belongings that were damaged, such as electronics, clothing, or work-related equipment. Additionally, you might be compensated for towing expenses and the cost of a rental car if your vehicle needs repairs or cannot be driven.
5. Wrongful Death Damages (Where Applicable)
Tragically, some Dallas drunk driver accidents result in fatalities. If you’ve lost a loved one due to a drunk driver accident, you may be entitled to wrongful death damages. These damages are designed to compensate surviving family members for the emotional and financial losses they experience as a result of their loved one’s death.
In a wrongful death claim, you may be able to recover:
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Funeral and burial costs associated with the loss of your loved one
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Loss of companionship and emotional support from the deceased
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Loss of financial support if the deceased was a primary breadwinner for the family
Common Defense Strategies in Dallas Drunk Driver Accidents & How We Counter Them
If you’ve been involved in a Dallas drunk driver accident, you may be concerned about the defense strategies the at-fault driver’s legal team or insurance company might use to reduce their liability. At Texas Lawyers 365, our drunk driver lawyers are skilled at anticipating these defense tactics and building a strong case to counter them. Below, we explain some of the most common defense strategies used in drunk driver accident claims and how our driver accident lawyer team works to counter them.
Blaming the Victim’s Conduct
One of the most common defense strategies in Dallas drunk driver accidents is the attempt to blame the victim for the crash. The defense may argue that the victim was speeding, failed to obey traffic signals, or engaged in some other unsafe behavior that contributed to the accident. By shifting the blame, the at-fault driver’s legal team hopes to reduce the responsibility of the drunk driver and minimize the compensation the victim is entitled to.
How We Counter This Defense:
At Texas Lawyers 365, our drunk driver attorneys thoroughly investigate every aspect of the drunk driver accident to ensure that the at-fault driver is held accountable for their actions. We gather all available evidence, including police reports, traffic camera footage, and eyewitness testimony, to refute any claims of contributory negligence.
In Texas, the law follows a comparative negligence rule, which means that even if the victim is partially at fault, they can still recover compensation, but the amount will be reduced by the percentage of fault assigned to them. Our driver accident lawyer team works hard to ensure that any claims of fault are minimized and that the drunk driver is recognized as the primary cause of the accident.
Disputing Blood Alcohol Levels or Test Accuracy
Another common defense in Dallas drunk driver accident cases is challenging the accuracy or validity of the blood alcohol content (BAC) test. The defense may argue that the drunk driver’s BAC was not accurately measured or that the test results are unreliable due to improper testing procedures, the timing of the test, or contamination of the sample.
How We Counter This Defense:
Our drunk driver lawyer team at Texas Lawyers 365 is well-versed in handling cases where the BAC results are disputed. We work with toxicology experts who can review the circumstances surrounding the BAC test and determine if the results were properly obtained. If necessary, we can challenge the test’s reliability in court and ensure that the driver’s impairment is properly established.
Additionally, we may gather other forms of evidence, such as witness statements, dashcam footage, or field sobriety test results, to support the claim that the driver was intoxicated at the time of the crash. Our goal is to make sure that the drunk driver is held accountable, regardless of any challenges to the BAC test.
Questioning the Severity of the Injuries
In some drunk driver accident cases, the defense may attempt to downplay the severity of the victim’s injuries. They may argue that the injuries were not as serious as claimed or that the victim’s pain and suffering are exaggerated. This tactic is designed to minimize the amount of compensation the victim can recover.
How We Counter This Defense:
At Texas Lawyers 365, we believe in thoroughly documenting the full extent of your injuries. Our drunk driver attorneys work with medical experts to provide a detailed evaluation of your injuries, including any long-term effects or disabilities caused by the accident. We will gather all relevant medical records, including diagnostic tests, imaging, and treatment plans, to support your claim for compensation.
We also work with expert witnesses to testify about the long-term impact of your injuries, including potential future medical needs and the effect on your quality of life. By presenting strong, expert-backed evidence, we ensure that the severity of your injuries is fully recognized in your claim.
Emphasizing the Driver’s Lack of Intent (Recklessness vs. Intentional Behavior)
In some cases, the defense may argue that the drunk driver did not intentionally cause the accident but was merely reckless. They may attempt to distinguish between “reckless” and “intentional” behavior, aiming to reduce the level of liability or the severity of punitive damages. The defense might claim that the driver made a poor judgment call but did not act with malice or deliberate intent.
How We Counter This Defense:
Our drunk driver lawyer team will emphasize that driving under the influence of alcohol or drugs is inherently reckless, regardless of intent. The law in Texas treats drunk driving as an act of gross negligence because it shows a disregard for the safety of others. We will work with experts in accident reconstruction to demonstrate that the driver’s behavior was not just poor judgment but grossly negligent behavior that caused harm to others.
If necessary, we will also argue for punitive damages in cases of extreme recklessness, ensuring that the drunk driver is held accountable not just for the immediate damages but for the wider social impact of their actions.
Claiming the Victim Was Not Wearing a Seatbelt
In some Dallas drunk driver accident cases, the defense may argue that the victim was not wearing a seatbelt and, as a result, suffered more severe injuries. While Texas law does require drivers and passengers to wear seatbelts, the fact that someone was not wearing a seatbelt does not absolve the drunk driver of responsibility. The drunk driver’s impaired state and failure to obey traffic laws remain the primary cause of the crash.
How We Counter This Defense:
At Texas Lawyers 365, we work to ensure that the drunk driver is held accountable for their actions, regardless of whether the victim was wearing a seatbelt. We gather evidence, including witness statements and vehicle inspection reports, to demonstrate that the drunk driver’s impairment was the cause of the accident. Even if the victim was not wearing a seatbelt, we ensure that the intoxicated driver’s negligence is the primary focus in the case.
FAQs for Drunk Driver Accident Victims in Dallas
If you’ve been involved in a Dallas drunk driver accident, it’s natural to have many questions about your rights, the legal process, and the compensation you may be entitled to. At Texas Lawyers 365, our drunk driver lawyers are here to help you navigate through this challenging time. Below are answers to some of the most frequently asked questions we receive from victims of drunk driver accidents in Dallas, Texas.
What Should I Do After a Drunk Driving Crash?
After a Dallas drunk driver accident, the first priority is your safety and well-being. Here’s what you should do:
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Seek Medical Attention: Even if you don’t feel injured right away, it’s important to get checked by a doctor. Some injuries, like whiplash or concussions, may not show immediate symptoms.
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Call the Police: Ensure that law enforcement documents the crash. A police report will include critical information, such as the drunk driver’s behavior and any evidence of impairment.
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Document the Scene: Take pictures of the scene, vehicle damage, and any visible injuries. If there are witnesses, get their contact information.
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Do Not Give Recorded Statements: Before speaking with insurance companies, contact a drunk driver attorney to guide you through the process and ensure your rights are protected.
Can I Pursue Punitive Damages in a Drunk Driving Accident?
Yes, you may be entitled to punitive damages in cases involving a Dallas drunk driver accident. Punitive damages are awarded to punish the at-fault driver for particularly reckless behavior and to deter others from similar actions. In drunk driver accident cases, punitive damages may be sought because driving under the influence is considered grossly negligent and dangerous.
How Long Do I Have to File a DUI Injury Claim?
Texas law (Texas Civil Practice and Remedies Code Section 16.003) gives you two years from the date of the drunk driver accident to file a personal injury claim. It is important to act quickly to gather evidence and protect your rights to compensation.
However, if the accident involves a government vehicle or certain special circumstances, the deadline may be shorter. It’s important to act quickly to ensure that critical evidence, like BAC results or witness testimony, is preserved. Our drunk driver attorneys will make sure your claim is filed promptly, protecting your right to compensation.
Do I Need a Lawyer After a Drunk Driver Hit Me?
Yes, it is highly recommended to hire a drunk driver attorney after a Dallas drunk driver accident. A driver accident lawyer will ensure that your legal rights are protected and that you receive the compensation you deserve. Insurance companies often try to minimize payouts, and having an experienced drunk driver lawyer on your side can help you navigate these negotiations and avoid settling for less than you’re entitled to.
Here’s how a drunk driver attorney can help:
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Investigating the Accident: Your lawyer will gather essential evidence, such as DUI arrest records, BAC tests, and accident reconstructions.
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Negotiating with Insurance Companies: We will deal with insurance adjusters to ensure you receive fair compensation for medical bills, lost wages, pain, suffering, and property damage.
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Filing a Lawsuit: If a fair settlement cannot be reached, we will file a lawsuit and fight for your rights in court.
Request a Free Case Review – Get the Justice You Deserve
If you’ve been involved in a Dallas drunk driver accident, you don’t have to face the aftermath alone. At Texas Lawyers 365, we offer a free consultation and no-cost case evaluation to help you understand your legal rights and options. Our drunk driver lawyers are here to listen to your story, assess your case, and provide expert guidance on how to proceed with your drunk driver accident claim.
Why Choose Texas Lawyers 365?
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Free Consultation and No-Cost Case Evaluation: We understand the financial strain that a drunk driver accident can cause. That’s why we offer a free consultation to discuss your case with no obligation and no upfront fees. We’ll review the details of your accident and explain how we can help you recover compensation for your medical expenses, lost wages, pain and suffering, and more.
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24/7 Availability: Accidents don’t happen on a schedule, and neither do we. Our drunk driver attorneys are available around the clock to provide you with the support you need. Whether it’s early morning or late at night, we are here to answer your questions and guide you through the next steps in your case.
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Immediate Next Steps: After your free consultation, we will provide you with clear guidance on the next steps to take. From gathering evidence to dealing with insurance companies and negotiating settlements, our driver accident lawyer team will be by your side throughout the entire process, ensuring you’re well-prepared to move forward.
Contact Us Today for a Free Case Review
Don’t wait to get the help you need. Dallas drunk driver accidents can have serious consequences, but with the right legal support, you can get the compensation you deserve. Our drunk driver attorney team is dedicated to helping you recover and ensuring that the drunk driver is held accountable for their actions.
Call 800-800-8000 now to schedule your free case review or fill out our online form to get started. Let us help you take the first step toward justice and recovery.
