Every day, at least 29 people are killed in drunk driving accidents in the United States according to the Centers for Disease Control and Prevention (CDC). Because drunk driving is prohibited in most states including Texas, victims have a two-year window to claim compensation for their losses through the court systems. However, not all cases go to trial since most of them are resolved through out-of-court arrangements.
One of the most popular reasons why such cases are easier to resolve out of court is because judges and juries are usually unsympathetic to drunk motorists. Therefore, such perpetrators will rush to settle to avoid the repercussions that come with defending themselves in court. Whether you settle or take your case to court, the role of a skilled Alief drunk driving accident lawyer cannot be downplayed. Car accidents involve complex legal applications that only a trained and qualified attorney can effectively handle.
Is the Drunk Driver Always at Fault?
Common sense says that the drunk driver is largely to blame for an accident. However, not all DUI drivers bear liability in traffic accidents. It is certainly indisputable that drunk driving is dangerous, but that doesn’t automatically place the fault on the other driver. Having absolute proof showing the link between their behavior and your crash is the only way you can pursue a beneficial outcome.
Otherwise, other contributory factors such as vehicle defects, poor roads, lousy weather, and negligence from other road users may shift the blame. Your Alief attorney should be able to review the facts of your drunk driving case to ensure that the right party is held financially responsible for your losses, and that your rights are protected. Construction companies, vehicle manufacturers, state agencies, and other motorists may bear liability in a drunk driving accident.
For a free legal consultation with a drunk driving accident lawyer serving Alief, call (832) 449-8230
Elements of Proving Liability in Drunk Driving Accidents
When injuries or death resulting from an auto crash are caused by negligence, our state allows victims to pursue monetary compensation by filing a personal injury claim. This is under the assumption that the accident would not have occurred but for the negligent conduct of another party. To make a successful claim following a drunk driving accident in Alief, you have to prove four basic elements of negligence:
Duty of Care
Duty of care essentially means that the other party had a legal obligation to operate their vehicle responsibly with the utmost consideration for your safety. Each driver must follow existing traffic rules and regulations regardless of their state. For instance, drunk driving is prohibited. Therefore, it’s the mandate of all motorists to follow this law.
Breach of Care
Breaching the duty of care means that the other party did not live up to expectations. On the contrary, they engaged in unlawful behaviors that contributed to foreseeable harm. They must have been aware that their actions were potentially hazardous but failed to do what a reasonable person would in similar circumstances. Breach of duty in drunk driving accidents is straightforward when the Blood Alcohol Content (BAC) of a motorist is 0.08 or above.
Causation
Providing proof of breach of duty may be admissible in a criminal case but not a civil lawsuit. You cannot recover any damages unless you show causation. Typically, the drunkenness of the other driver must have been the proximate or direct cause of the accident where you suffered harm or your loved one was killed. Their specific actions or behaviors must have been at the center of your crash. Proving causation is often difficult when you don’t know what evidence or supporting documents to look for. Hiring a seasoned attorney is helpful not only in providing proof but also in maximizing your compensation.
Damages
You may be bedridden in the hospital staring at huge medical bills, emotional trauma, lost earnings, permanent disability, rehabilitation costs, physical pain and suffering, and permanent disfigurement. All these are losses that follow an accident caused by another party. Having to suffer such damages while the responsible party walks away freely is unacceptable. Your Alief drunk driving accident attorney should be able to demonstrate your past, current, and future losses.
Alief Drunk Driving Accident Lawyer Near Me (832) 449-8230
Call Our Alief Drunk Driving Accident Attorneys for Help with Your Case
If a drunk motorist caused your injuries or the death of a loved one, it’s time to seek justice. Our Alief drunk driving accident lawyers have the resources, will, qualifications, and commitment to help you find justice. Kindly get in touch with us online to schedule a no-cost case review today.
Call or text (832) 449-8230 or complete a Free Case Evaluation form