Arlington Drunk Driving Accident Lawyers
Car accidents can result in severe injuries and, sometimes, even death. Fortunately, the law is often on the side of the injured person and is designed to help them receive compensation in order to make their life as normal as possible after their tragic accident. With help from the Arlington drunk driving accident attorneys at Dallas Car Accident Lawyers, injured folks and their families can rest assured that their best interests are being represented in court and the best possible outcome is being pursued.
Driving under the influence of alcohol is a serious issue that further complicates a car accident claim. Though a form of personal injury claim, a car accident that involves drunk driving can result in a criminal procedure as well. Dallas Car Accident Lawyers work to help injured clients navigate the complicated legal procedures in these tense situations.
Compensation in Drunk Driving Accident Cases
Unlike more straightforward car wreck cases like a rear end accident, claims that involve drunk driving may result in extra damages being awarded to the injured person. This additional compensation is known as punitive, or exemplary, damage and is meant to act as both a punishment for excessively negligent behavior and a deterrent to similar behavior in the future.
Exemplary damages are limited by Texas statute. According to the Texas Civil Practice and Remedies Code §41.008, the amount of compensation for exemplary damages is limited to the higher of the following two amounts:
- Twice the amount of economic damages, plus up to $750,000 of non-economic damages
Another situation that may result in punitive damages is when the at-fault driver is found to have been texting while driving. It is best to consult with knowledgeable Arlington drunk driving accident lawyers to see whether or not punitive damages may arise in your particular claim. Most claims will result in “compensatory damages,” which come in the following two forms.
Economic damages are the most easily calculated, as they directly impact the injured person’s finances and often leave the proverbial paper trail. Examples of this kind of damage include medical bills, the cost of in-home medical equipment necessitated by the injury, lost wages both currently and in the future, therapy bills, the cost of repairing or replacing damaged vehicles, and similar issues.
Forms of non-economic damage are more subjective in nature and do not come with explicit monetary values attached to them. They can include issues like the injured person’s pain and mental suffering, loss of consortium with a spouse, loss of enjoyment in life, the mental effects of permanent scarring or disfigurement, and more. Skilled drunk driving accident attorneys in Arlington may be able to bring expert witnesses into the case to testify to suitable values for these forms of harm.
Resolutions to Drunk Driving Accident Cases
The first way to settle a personal injury claim involving a drunk driver is by having the Arlington drunk driving accident lawyers at Dallas Car Accident Lawyers negotiate with the opposing attorneys to reach an agreeable settlement. If a settlement cannot be reached, the case will proceed to court.
In court, the state’s modified comparative negligence theory will come into play. Essentially, this theory of fault has two components:
- An injured person can sue for damages even if they are partially at fault for the accident
- The percentage of fault attributed to the injured person will reduce their overall compensation
Whatever percentage of fault is attributed to an injured person, that same percentage will be subtracted from the total available compensation for their damages. For example, someone who is 10% at fault for an accident in which they received $200,000 in damages will be able to sue for a maximum of $180,000. At DCAL, our Arlington drunk driving accident lawyers work to reduce the percentage of fault attributed to injured clients, thereby increasing the maximum compensation they can receive.
Dram Shop Law
Commonly known as “dram shop law,” the Texas Alcoholic Beverage Code §2.02 allows a person injured in a drunk driving accident to sue the establishment at which the drunk driver was served alcohol, albeit under very specific circumstances.
The bar or restaurant can be sued if the drunk driver was served alcohol after being clearly intoxicated and reasonably presenting a danger to the public. It is also possible to sue the establishment if they served alcohol to a minor prior to that minor causing a drunk driving accident.
Experienced drunk driving accident lawyers in Arlington may be able to find evidence of such negligence and extend litigation to include the drinking establishment. Having more avenues of compensation can help injured clients receive the money they need to start putting their lives back on track.
Speak With a Qualified Lawyer Today
At Dallas Car Accident Lawyers, we handle a variety of claims, not just drunk driving accidents. Some of our other practice areas include accidents with ridesharing companies like Uber and Lyft as well as accidents resulting from the collision of automobiles and bicycles.
If you need someone to help get your life in order after injuries caused by a drunk driver, look no farther than the Arlington drunk driving accident attorneys at Dallas Car Accident Lawyers. Call us at 214-305-8277, or fill out the form on our contact page to receive a FREE case evaluation. Remember: you don’t pay until we win your case!
Frequently Asked Questions
- What Is the Law For Booster Seats in Texas and Does It Affect Accident Cases?
- What Should You Do When You (or a Loved One) Gets Hit & Injured by a Car?
- Is Texas a No Fault State for Auto Accidents?
- When Should You Talk To An Insurance Adjuster After A Car Accident?
- Do You Have To Sue To Recover Damages From A Car Accident In Texas?