DeSoto Drunk Driving Accident Lawyers
Every car accident has the potential to result in significant injuries, but that potential is dramatically increased when one of the drivers is intoxicated. The latest data from the Texas Department of Transportation shows that there were several thousand DUI-related injuries in 2017 alone. This staggering number means that drunk driving accidents are more common than most people would like to believe. Some of the serious injuries that can result from drinking and driving include:
- Loss of limb
- Internal bleeding
- Traumatic Brain Injuries (TBIs)
- Broken bones
As experienced attorneys in the realm of personal injury claims, the DeSoto drunk driving accident attorneys at Fears Nachawati, a Dallas car accident law firm, know how to win these cases. We can work with injured clients to secure an acceptable settlement prior to a trial and, if the claim does require a trial, we can provide vigorous representation to ensure that you get the compensation you need to move on with your life.
Unique Elements of Drunk Driving Cases
Drunk driving claims can be quite different from injury claims that stem from simple rear-end accidents, and even from claims that have major injuries like pedestrian or bicycle accidents. Though every claim will be different and will have its own fact patterns, there are two primary ways in which drunk driving claims can prove unique.
Dram Shop Law
Unlike more straightforward car accident claims, drunk driving accidents may bring in an extra defendant if the so-called “dram shop law” comes into play. This law can be found at Texas Alcoholic Beverage Code §2.02 and essentially allows for an injured person to sue the establishment at which the intoxicated driver was served alcohol in certain circumstances. For instance, you may be able to seek further compensation from the bar or drinking establishment if the following two conditions are met:
- The person was obviously intoxicated at the bar and was still served alcohol
- The person’s intoxication directly caused your injuries
Bringing in other defendants is done in other cases as well. For example, it may be possible to seek compensation from rideshare companies like Uber and Lyft if their drivers are involved in an accident. By having skilled DeSoto drunk driving accident attorneys on your side, you know that all possible avenues for compensation are being pursued.
The second way in which drunk driving accident claims can be different from other types of accidents has to do with the kind of compensation you may be able to receive. In situations like drunk driving or accidents caused by texting while driving, injured people may be awarded additional compensation from the defendant by the court. Known as “exemplary” or “punitive” damages, this is an extra amount of money that the at-fault driver is required to pay as punishment for egregiously reckless behavior and as a way to deter them from similar behavior in the future.
Typical Damages in Car Accident Claims
In addition to exemplary damages, there are a host of harms for which you can seek compensation after becoming injured in a drunk driving accident. Our DeSoto attorneys can help you calculate and list all of the harms you suffered as a result of the accident so that you stand the best chance of receiving adequate compensation in court.
The first category of damage, called “economic damage,” consists of all of the harms that directly impact your financial situation. Items like lost wages, hospital bills, cost of necessary medication, and even replacing a totaled vehicle all can be eligible for compensation from the at-fault party.
This second category consists of all compensable damages you experience that do not have a clear monetary value because they do not directly affect your finances. For instance, you may seek compensation from issues like your physical pain and suffering or mental anguish you are subjected to after your accident.
Fault and Compensation
Your compensation is directly dependent on the allocation of fault or responsibility for the accident in which you were injured. Establishing that the opposing driver was intoxicated can go a long way toward pinning most or all of the blame on them. Still, Texas operates under a proportionate responsibility model in which you may sue for damages as long as you are less than 50% responsible for the accident.
If you are found to share a portion of the blame for the accident, the result is that your total compensation will be decreased by that same percentage. For instance, an injured person found to be 40% responsible for their injuries will see their total compensation reduced by 40% as well. This is why it is so crucial to provide clear evidence of the opposing driver’s wrongdoing.
Call Today for a FREE Consultation
Dallas Car Accident Lawyers knows that serious injuries have a tremendous impact on your life and the lives of your family members. We know this is a stressful time, and we want to help you through it. That is why we offer FREE initial consultations to all of our clients and do not collect a fee until you have been awarded the compensation you deserve.
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