Apart from being illegal, drunk driving in Texas is illegal. Motorists who get behind the wheel while intoxicated with alcohol beyond the set limit are not only a threat to themselves but also risk the safety of other innocent road users. According to the National Highway Traffic Safety Administration (NHTSA), at least 30 people lose their lives daily due to auto wrecks caused by drunk driving. These figures are worrying.

Suffering catastrophic injuries or losing a loved one in a drunk driving accident is harrowing.  Perhaps the biggest emotional undoing is knowing that your loved one would be alive but for the negligence of another party. At Lone Star Injury Attorneys, we firmly believe and reiterate that nobody should have to face the consequences of another party’s mistakes. While you cannot bring back your loved one, or undo the injuries you suffered, there is so much you can do to not only punish the party at fault, but also recover compensation for your losses. The first step towards making a monetary recovery is discussing your case with our Fresno fatal drunk driving accident attorneys today. 

Why Drunk Driving is Dangerous

The State of Texas defines drunk driving as having a Blood Alcohol Content (BAC)of at least 0.08%. Any motorist who exceeds this limit may be ticketed, arrested, and charged with a criminal offense. They may also face civil charges if their actions or inactions caused harm or death to another party.

Essentially, what alcohol does is lower the driver’s concentration on the road, and their reaction time in case of an emergency. They also become prone to aggressive driving, which is a danger in itself. Their judgment is lowered, and thus end up making catastrophic mistakes. With the tremendous growth in the transport industry, especially the taxi-hailing companies, it is unacceptable for drunk persons to drive while they can easily request a cab to their destination. That’s why our Fresno fatal drunk driving attorneys are committed to helping you hold them financially responsible for your injuries and losses.

Criminal Charges Vs Civil Lawsuits in Fatal Drunk Driving Accidents

As discussed, drunk driving is prohibited in Texas. This means that anyone found culpable of operating a vehicle while under the influence of alcohol commits a crime. Tickets may be issued at the scene if no accident is involved. However, if someone is injured or killed, the drunk driver will ultimately face criminal charges. A state prosecutor will initiate charges against them for violating state laws and inflicting grievous harm. The drunk driver may be fined, compelled to pay court fines or even both. Unfortunately, the only solace that victims get is knowing the party at fault faced the full force of the law. Nevertheless, this process does not result in compensation for damages suffered.

On the other hand, filing a civil case is the only way you can collect damages for your losses. With the help of a Fresno fatal drunk driving accident lawyer, you may settle with the other party’s insurance company or file a claim in court. Oftentimes, personal injury cases are settled out of court, but may also proceed to trial if no mutual agreement is reached. Succeeding in your pursuit of justice and compensation is hinged on the burden of proof. As the plaintiff, you must make a solid case and provide indisputable evidence showing the defendant was negligent, and that their careless behavior caused you harm. A distinguished fatal drunk driving accident attorney will help you show that:

  • The defendant owed you a legal duty of care
  • The defendant breached the duty
  • The breach caused you serious harm
  • You suffered damages

If successful, you may be compensated for the economic and non-economic losses you suffered. They include:

  • Lost wages for time not worked
  • Physical pain and suffering
  • Emotional trauma
  • Rehabilitation costs
  • Past and future medical expenses
  • Property repair costs
  • Diminished quality of life 
  • Lost premiums

If your loved one is killed under the same circumstances, you may file a wrongful death claim seeking compensation for loss of consortium, burial/funeral expenses, emotional suffering as well as lost financial benefits.  A compassionate Fresno fatal drunk driving accident attorney will help maximize your compensation.

Contact an Attorney if You Have Been Involved in a Fatal Drunk Driving Accident in Fresno

We know that coping with the aftermath of a fatal auto wreck is not easy at all. That’s why our caring Fresno fatal drunk driving accident lawyers are dedicated to helping you make the most out of your case. Do not hesitate to discuss your accident with us today.