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The unexpected loss of a loved one is devastating. However, when this loss results from the negligence of another party, coming to terms with the circumstances surrounding your loved one’s death can be traumatizing. Unfortunately, fatal drunk driving accidents are all too common in Texas. Despite the prohibition of drunk driving, some motorists disregard these laws, putting their lives and the lives of other road users at risk.
If you have experienced the loss of a loved one in similar circumstances, you not only require emotional resilience to cope with the profound loss but also legal guidance and assistance to ensure justice is served.
While no compensation can fully replace a loved one, seeking justice aids in achieving closure and obtaining monetary reimbursement for the losses incurred by the surviving estate. Our Dickinson fatal drunk driving accident lawyers are dedicated to holding the at-fault person or parties accountable for your losses. Contact Lone Star Injury Attorneys today to initiate the claim process with the help of a drunk driving accident lawyer in Dickinson.
What Type of Claim Do I File Following a Fatal Drunk Driving Accident?
Essentially, there are two basic types of claims you can pursue if you lose a loved one in a fatal drunk driving accident. Firstly, you may file a survival action in your jurisdiction. Survival action entails filing a lawsuit on behalf of the deceased or pursuing the damages he or she would have been eligible to claim if they survived.
Recoverable costs in survival action cover compensation for lost wages, diminished quality of life, lost financial premiums, physical pain and suffering, medical expenses, therapy costs, and emotional distress, among others.
Secondly, you can also file a wrongful death claim. This allows the surviving estate to recoup costs associated with the loss of their loved one. These losses often cover burial and funeral expenses, loss of financial dependency, loss of consortium, loss of companionship, and other out-of-pocket expenses.
Proper documentation of all losses incurred is crucial, especially when you are looking to recover maximum compensation with the assistance of a Dickinson car accident lawyer.
For a free legal consultation with a fatal drunk driving accident lawyer serving Dickinson, call (832) 449-8230
How Do I Prove the Other Driver Was Drunk?
Establishing that the other driver was intoxicated at the time of the accident may appear straightforward, but it’s not. Since filing a drunk driving accident case typically spans weeks or months, there is a likelihood that crucial evidence may be tampered with or lost during this period.
However, if you followed the correct steps after the accident, proving your case could be considerably easier through the following means:
Police Reports
One of the roles of law enforcement is to investigate the circumstances of a crash. They will document the details of the accident and collect evidence.
If any of the drivers involved is suspected to be intoxicated, the police will look out for signs of intoxication, such as the smell of alcohol, slurred speech, and bloodshot eyes. They may also carry out breathalyzer and blood tests to measure BAC.
Eyewitness Accounts
Eyewitnesses can offer crucial evidence against an intoxicated driver. For instance, if an eyewitness observed the driver leaving an entertainment venue while intoxicated, their statement can substantiate other pieces of evidence, such as police reports.
In this scenario, a breathalyzer test conducted by law enforcement can validate the state of intoxication. When coupled with eyewitness accounts, this can conclusively establish that the driver was under the influence at the time of the accident. Another way that your Dickinson personal injury lawyer can prove a fatal drunk driving accident case in Dickinson is by the use of expert witnesses, such as accident reconstructionists.
Dickinson Fatal Drunk Driving Accident Lawyer Near Me (832) 449-8230
What is Considered Drunk Driving in Texas?
Like many states in the U.S., Texas has a zero-tolerance policy for minors and drunk driving. Put simply, anyone below the age of 21 is considered a minor and is, therefore, prohibited from consuming alcohol.
Providing alcohol to minors or facilitating their access to it is a punishable offense according to the Texas Impaired Driving Task Force.
For individuals aged 21 and above, the consumption of alcohol is permitted, but they must not surpass the 0.08 Blood Alcohol Content (BAC) limit. Exceeding this limit renders them impaired and incapable of safely operating a vehicle. In such instances, it is mandatory for them to either designate a sober driver or utilize alternative transportation options, such as ride-sharing companies.
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Speak with Our Fatal Drunk Driving Accident Attorneys
Filing a wrongful death case can feel overwhelming. Our compassionate Dickinson fatal drunk driving accident lawyers are here to guide you through the process and help you find the closure you desperately need.
No one should have to endure the loss of a loved one due to someone else’s negligence. Call Lone Star Injury Attorneys today to start your journey towards justice.
Call or text (832) 449-8230 or complete a Free Case Evaluation form
