Those who drive vehicles under the influence of alcohol are far more likely to cause a fatal accident. This is attributed to the fact that alcohol significantly impairs judgment and reaction time. Sadly, many of these dangerous drunk driving accidents can lead to severe injuries and fatalities.
Fortunately, victims of intoxicated driving wrecks are entitled to compensation for their economic and non-economic losses. In accordance with state laws, drunk drivers who cause accidents are subjected to criminal penalties for their reckless actions. If you have been injured in a drunk driving accident, you may be concerned with how to start your claim.
You may be deciding between hiring a vehicle collision lawyer to litigate your case or negotiating with the insurance company of the negligent driver. Our attorneys show no mercy to drivers who choose to drink and drive. A Missouri City drunk driving car accident lawyer could do everything possible to hold them accountable for their actions and earn all available damages for the victims.
Most individuals can drink a bottle of beer, a cocktail, or a glass of wine without necessarily becoming drunk. But if they have two or more drinks, there is a likelihood of being unable to soberly make proper decisions when operating a vehicle. Given that people are different and have different tolerances, one must understand his or her drinking limits. Otherwise, he or she can face significant legal consequences for their actions.
Like many cities in the US, Missouri City laws consider a blood alcohol content (BAC) level of 0.08% and above as legal intoxication. Anything beyond that is illegal. For commercial drivers, the BAC is limited to 0.04%. For teenagers and drivers under 21, a zero-tolerance rule applies: any amount of alcohol detected is considered illegal.
To legitimately file a car accident lawsuit, you will have to prove that, more likely than not, that the driver who hit you was drunk. But given that your case may take months to go to trial, and by this time, crucial evidence may be impossible to recover, we recommend that you secure the scene immediately after the collision happens. By doing so, you will be able to preserve potentially incriminating evidence against the other driver.
Calling the police is a must once the crash occurs. The police often determine fault by assessing the factors leading to an accident. In your case, if they are suspicious of drunk driving, they will take a few tests to determine if the driver was indeed over the legal limit at the time of the accident. Some of the ways through which the police can carry out blood alcohol content testing include:
The investigating officer may request that the driver takes a blood test. This is one of the most accurate ways in determining BAC. To ensure that the results are preserved, you should seek the immediate counsel of a lawyer who focuses on drunk driving incidents.
If you happen to be close enough to a drunk person, the easiest way to determine whether they are drunk is through their breath. A breathalyzer is an electronic device used to estimate the blood alcohol content of an individual from a sample of their breath. In some instances, the device may not be accurate due to some factors such as the use of breath fresheners, vomiting, and digestive gas, but they are often relied on by the police and a jury.
Testing urine samples for BAC is less accurate compared to either blood tests or the use of breathalyzers because it also relies on many factors. For example, the results can be rendered inaccurate based on when the driver recently urinated or how quickly the alcohol was consumed.
With a legal advocate, you stand to gain significant value in your case. First, he or she will preserve any test results that show intoxication of the other driver. Keep in mind that you must prove that the driver who caused you to harm was drunk at the time of the accident. Therefore, some type of BAC tests is likely necessary to establish that the other driver was intoxicated.
Secondly, an attorney can help you establish a network of witnesses to support your claims. For example, he or she can use expert witnesses to discuss your injury, how it happened, and what your future medical treatment plan looks like. Additionally, the independent report from the police will go a long way in confirming that the driver was indeed drunk.
Lastly, when filing a lawsuit, you must determine the proper parties at fault. Most likely, the drunk driver is responsible. Our team can help you determine fault and bring to justice the person or persons responsible. Some of these parties include:
At Lone Star Injury Attorneys, we care for you. For this reason, we will work on your claim based on a contingency fee basis, meaning that we don’t get paid unless we win your case. Contact a Missouri City drunk driving car accident lawyer today.