Drunk driving is prohibited in Texas and many other states in the U.S. Anyone who operates a vehicle while under the influence is liable for any damages that stem from an accident they cause. Under personal injury law, this could mean paying for the damages that another party suffers. They also risk facing criminal charges if someone is killed.
Our Bellaire fatal drunk driving accident lawyers help victims of reckless driver behaviors get the justice they deserve. We do not take lightly the risk they expose to the general public, including us. For this reason, we aggressively hold them accountable not only to punish them and get the compensation you deserve but also to send a stern warning to other motorists who would think of engaging in drunk driving.
Fault in Fatal Drunk Driving Accident Cases
Multiple parties may bear liability in a Bellaire fatal drunk driving accident case. Of course, any driver who decides to get behind the wheel of a car while drunk automatically carries liability. According to state laws, anyone with a Blood Alcohol Content (BAC) of 0.08 or above is prohibited from driving and may face criminal or civil lawsuits in case they cause a crash where someone is injured or killed.
Besides drunk drivers, other parties may be held accountable for a drunk driving accident. According to Texas Dram Shop Laws, the business or restaurant that sells alcohol to a minor or already drunk person who later causes an accident may also be held responsible. Parents and guardians of teenagers who cause drunk driving accidents may also be defendants in criminal and civil cases involving their children. Employers also must ensure that their drivers are fit to operate their fleet. So if a drunk driver causes a crash, you may hold their employer responsible with the help of a seasoned Bellaire fatal drunk driving accident lawyer.
For a free legal consultation with a fatal drunk driving accident lawyer serving Bellaire, call (832) 449-8230
Damages Following a Fatal Drunk Driving Accident
Other than stipulating what parties are eligible to file a wrongful death claim following the loss of a loved one, Texas laws also specify the damages they may be entitled to. Any party that files a wrongful death claim may recover compensation from two different perspectives. They are:
Losses Suffered by the Deceased
A skilled Bellaire fatal drunk driving accident attorney can help you recover damages that your loved one was entitled to for the period covering treatment until the time of death. For example, if he or she was hospitalized, you may seek compensation for medical expenses and rehabilitation costs incurred. Further, you may recover reimbursement for intangible losses suffered by the victim such as physical pain and suffering, emotional distress, and loss of enjoyment of life.
Losses Suffered by Surviving Estate
Another way to recover maximum compensation in a wrongful death claim following a fatal drunk driving accident in Bellaire is by seeking additional damages stemming from losses incurred by the surviving estate. Damages here involve tangible and intangible losses such as lost wages, loss of companionship, loss of inheritance, loss of consortium, and funeral expenses. Proper documentation for all expenses related to the loss of your loved one is crucial for maximum reimbursement. Without proof supporting your claim, you are likely to settle for less or nothing at all.
Punitive Damages
In scenarios where a wrongful death is settled in court, the plaintiff may be awarded exemplary or punitive damages. The goal is to punish the defendant for acts of omission or negligence toward the defendant. These damages are also awarded to serve as a warning against drunk driving.
Bellaire Fatal Drunk Driving Accident Lawyer Near Me (832) 449-8230
What Texas Laws Say About Wrongful Death Claims
The State of Texas has legislation in place controlling lawsuits arising from motor vehicle accidents caused by negligence. If someone is killed, as is the case with fatal drunk driving accidents, the Texas Civil Practice and Remedies Code 71.001-71.012 allows affected parties to file a civil case for compensation. However, this must be done only on condition that the default, carelessness, wrongful act, carelessness, or negligence of another party caused the death.
Furthermore, the code stipulates what parties are eligible to bring a claim forward. Only a certain group of people related to the deceased party may seek compensation on their behalf. This includes the surviving children (including adults), parents, and surviving spouse. The deceased’s estate, through an executor, may pursue compensation for damages owed to the deceased had he or she survived, as well as the losses they incur from the wrongful death. These and other federal laws regarding wrongful death claims are complex, but our experienced Bellaire fatal drunk driving accident attorneys are more than equal to the task.
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Rely on a Bellaire Fatal Drunk Driving Accident Attorney
Call us today to discuss your fatal drunk driving accident case. You should not have to shoulder the financial burden of someone else’s negligence alone. Speak with a Bellaire fatal drunk driving accident lawyer from Lone Star Injury Attorneys.
Call or text (832) 449-8230 or complete a Free Case Evaluation form
