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Austin Personal Injury Blog

Tuesday, July 10, 2018

Can I Recover Damages From a Drunk Driver That Crashed Into Me?

DUI crashes are common throughout Texas. In 2016, the Texas Department of Transportation (TX DOT) reported 987 deaths in drunk driving accidents statewide. In addition to DUI fatalities, the TX DOT reported 8,195 injuries and 6,481 potential injuries from drunk driving accidents. Regardless of whether a driver was intoxicated at the time of a car crash, accident victims have a right to compensation from an at-fault driver under Texas personal injury laws. Our Texas drunk driving accident lawyers help victims of DUI accidents hold the drunk driver responsible for his or her actions.

Filing an Injury Claim for a Drunk Driving Accident

To recover compensation for your damages and injuries, you must file a claim against the driver with his or her liability insurance provider. The insurance company should review the case, determine liability, and pay valid injury claims. However, the claims process is usually not that simple. You may have problems receiving the compensation you deserve for a claim.

Because your time to file a DUI accident claim is limited by law, you cannot allow the insurance adjuster to delay your claim unnecessarily. You need legal advice now. Our Texas drunk driving accident lawyer handles the insurance adjuster and ensures that a lawsuit is filed, if necessary, to protect your legal rights.

Common damages in a drunk driving accident that you may receive compensation for include:

  • Cost of medical and personal care

  • Loss of income

  • Property damage

  • Future damages, including medical expenses and lost income

  • Disability, scarring, disfigurement, or other physical impairment

  • Wrongful death

  • Physical pain

  • Emotional suffering

  • Mental anguish

Regardless of whether you were a passenger in the drunk driver’s vehicle, a pedestrian, another driver, bicyclist, or a passenger in another car, you have the right to seek compensation for damages when a drunk driver causes an accident.

What Happens if the Drunk Driver is Not Charged with DUI?

Being charged with driving under the influence or driving while impaired by alcohol is a criminal matter. The driver could be found guilty of the DUI charges and face prison, fines, probation, loss of driving privileges, and other penalties. However, the criminal case is separate from your civil case. Even if the drunk driver is not charged with DUI or is not found guilty of DUI charges, you can still pursue your personal injury case.

A personal injury case is a civil matter. In Texas, you must prove that the drunk driver was responsible for causing the collision before you can recover money for your claim. You cannot rely on the fact that a driver was charged with DUI to prove your case. Therefore, regardless of whether the driver is charged with a crime, you have the same burden of proof to demonstrate with evidence that the drunk driver did something to cause the collision. For instance, the drunk driver was speeding and failed to yield the right of way, or he was texting while driving and swerved into the other lane.

Unfortunately, it is not always clear what caused a car accident. Our Texas drunk driving accident lawyer investigates each car crash to reconstruct how the accident occurred, identify the at-fault party, and obtain evidence to prove fault. Hiring an experienced Texas drunk driving accident lawyer who can investigate the DUI accident is an essential first step in filing a claim to recover compensation from the drunk driver for your injuries, damages, and losses.

Call a Texas Drunk Driving Accident Lawyer for More Information

If a drunk driver caused a car crash that injured you or a family member, you need an attorney as soon as possible to handle your case. The cause of a DUI accident may not be clear-cut. Therefore, you need an experienced legal team on your side to protect your right to recover full compensation for all losses. Contact our Texas drunk driving accident lawyers today for a free consultation.


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