Pearland Drunk Driving Accident Lawyer

opening drink while driving

Every driver has a responsibility to uphold high standards of care and safety while operating a vehicle. However, when they engage in dangerous behaviors that render safe driving impossible, the lives of other motorists and road users are put at risk. In addition to the criminal penalties associated with such actions, accidents caused by drunk driving can result in severe injuries or permanent disability. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 31% of fatalities involving auto wrecks in the U.S involve drunk driving.

These damages often carry significant financial implications that can leave victims bankrupt and diminish their quality of life. If you have been involved in a crash of this nature, a diligent vehicle collision attorney can evaluate your losses and determine whether you are eligible to seek monetary damages. Our Pearland drunk driving accident lawyers can work with you to pursue compensation following your accident.

Can I File a Lawsuit for a Drunk Driving Accident in Pearland?

Driving under the influence of alcohol is a criminal offense punishable by law. Every driver has a legal obligation to protect the lives and property of others on the road while operating a vehicle. Failure to do so can result in severe legal consequences, including imprisonment or hefty fines.

If you have been injured or a loved one has been killed in a drunk driving accident, you may be entitled to seek monetary compensation from the at-fault driver. To improve your chances of obtaining maximum compensation for your damages, it is crucial to retain an accident lawyer who specializes in drunk driving cases.

What Constitutes Intoxicated Driving?

To file a personal injury claim for a drunk driving accident, your lawyer must demonstrate that the defendant was intoxicated at the time of the crash. You need to prove that it is more likely than not that the motorist’s judgment was impaired and that the accident could have been avoided if the defendant had not been driving under the influence.

This often requires more than just the oral testimony of the victims. Your attorney must gather proper evidence, including police reports, witness testimonies, and expert witnesses, to present your case to the jury. In order for your claims to be valid, your attorney must establish that the drunk driver/defendant:

  • Had a blood alcohol concentration (BAC) of 0.8 or higher after a breathalyzer test,
  • Was a commercial or professional driver with a BAC of 0.4 or above, or
  • Refused to take the blood alcohol content test.

Keeping records from eyewitnesses, doctors, the police, and lab analysts is crucial, as their findings can be presented as evidence in court.

How is Fault Determined if the Other Driver was Under the Influence?

According to state laws, any driver who engages in negligent acts causing harm to others is held responsible for the resulting damages. They are legally accountable for their actions. Most personal injury claims are determined based on negligence, where one party fails to fulfill their duties to protect the lives and property of others.

While the intoxicated driver may bear direct responsibility for causing the accident, there may be other third parties that your lawyer can hold accountable, if applicable. For instance, if a minor below the legal drinking age causes an accident, their parents or guardian may be liable for the damages caused. Other potentially liable parties may include:

  • The bartender who served the alcohol
  • The owner of the premises where the driver became intoxicated
  • The owner of the vehicle for allowing the intoxicated individual to operate it

If you suspect that someone other than the driver may be responsible for your drunk driving accident, it is advisable to discuss potential additional defendants with your attorney.

How Much Will I Receive in Settlement for a Lawsuit?

Since each drunk driving case is unique, there is no specific or average settlement amount associated with this type of claim. However, a collision involving an intoxicated driver generally results in a higher settlement compared to one involving a sober driver. Your legal representation will play a crucial role in determining the settlement amount you receive. A competent attorney will invest the necessary time, resources, and expertise to ensure the success of your case.

The following factors influence drunk driving settlements:

  • Degree of comparative fault
  • Severity of injuries sustained by the plaintiff
  • Violation of traffic ordinances
  • Availability of punitive damages

The damages that may be included in the settlement are as follows:

  • Lost wages
  • Medical expenses
  • Physical impairment
  • Pain and suffering
  • Loss of earning capacity

To pursue the maximum amount of compensation, it is advisable to hire an attorney experienced in handling drunk driving claims.

Talk to Our Pearland Drunk Driving Accident Attorney Today

drinking while driving

Unfortunately, Pearland experiences a significant number of drunk driving accidents. While this issue is relatively common, the most effective path to seeking justice is by engaging the services of a Pearland drunk driving accident lawyer if you or your loved one has been injured in a collision.

At Lone Star Injury Attorneys, we take great pride in providing unparalleled legal representation to each of our clients. Our services are tailored to meet the unique needs of every case. Contact our offices today to schedule a free consultation.

Lone Star Injury Attorneys, PLLC

Lone Star Injury Attorneys, PLLC N/a
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Sugar Land
TX 77478
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Texas City
TX 77590
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