opening drink while driving Every driver is expected to maintain high standards of care and safety while behind the wheel. But when he or she engages in dangerous acts that make their ability to drive safely impossible, the lives of other motorists and road users are put at risk. Apart from the criminal penalties associated with it, an accident resulting from intoxicated driving may lead to severe injuries or permanent disability.

All of these damages come with huge financial implications that may take a toll on any victim, rendering them bankrupt and lowering their quality of life. If you were involved in this type of crash, a diligent vehicle collision attorney could assess your losses and determine if you could recover monetary damages. Our Pearland drunk driving accident lawyers could work with you to fight for compensation after your wreck.

Can I Sue For a Drunk Driving Accident in Pearland?

Driving under the influence of alcohol is a criminal act punishable by law. Every driver has legal rights to safeguard the life and property of others on the road while they are operating their vehicle. Failure to do so can be met with harsh legal repercussions that may result in them jailed or heavily fined.

If you were injured, or your loved one was killed in a drunk driving accident, you may qualify for monetary compensation against the at-fault driver. To increase your chances of obtaining maximum compensation for your damages, retaining a accident lawyer who focuses on drunk driving cases is of the utmost importance.

What Qualifies as 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 must prove that more likely than not, the motorist’s sense of judgment was impaired, and that the accident would have been avoided if the defendant had not driven drunk.

This is often proven not only from oral testimony of the victims. Your attorney must collect the proper evidence, including police reports, fact witnesses, and expert witnesses to make your case to the jury. For your claims to stand, your attorney must demonstrate that the drunk driver/defendant:

  • Had a BAC of 0.8 or higher after taking 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 are very important, as their findings may be presented as evidence before the jury.

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

According to state laws, any driver who engages in an act or acts of negligence that causes harm to others is held responsible for damages caused. He or she is held responsible by law for this offense. Almost all personal injury claims are determined on negligence, where one party does not uphold the duties that safeguard the lives and properties of others.

While the intoxicated driver may be directly responsible for causing the accident, there are other third parties that your lawyer may also hold responsible if applicable. For example, if a teenager below the designated drinking age causes an accident, their parents or guardian may be held liable for damages caused. Other suable parties may include:

  • The bartender who provided the alcohol;
  • The premises owner where the driver got drunk; or
  • The car owner for allowing the drunk person to operate the vehicle while drunk

If you think someone other than the driver may be responsible for your drunk driving accident, it is best to speak with your attorney about other possible defendants.

How Much Will I Receive As Settlement In a Lawsuit?

Given that each drunk driving case is different, there is no specific or average settlement tied to this claim. However, a crash involving an intoxicated motorist will likely have a higher settlement than one involving a sober driver. Your legal counsel will play a very critical role in determining the amount in settlement you obtain. A good attorney will dedicate the necessary time, money, and most of all, expertise towards the success of your case.

All drunk driving settlements are based on the following factors:

  • The degree of comparative fault
  • The severity of injuries caused to the plaintiff
  • The traffic ordinances violated
  • Availability of punitive damages

The above-mentioned damages may include:

  • Lost wages
  • Medical bills
  • Physical Impairment
  • Pain and Suffering
  • Loss of income earning capacity

To recover the maximum amount of compensation, you should hire a lawyer skilled at handling drink driving claims.

Talk to Our Pearland Drunk Driving Accident Attorney Today

drinking while driving

Sadly, Pearland is home to numerous intoxicated driving accidents. And while this problem is somewhat common, your best way to achieve justice is to retain a Pearland drunk driving accident lawyer if you or your loved one was injured in a wreck.

At Lone Star Injury Attorneys, we pride ourselves in offering unmatched legal representation for every client. Our services are designed to meet every client’s needs based on their case. Call our offices today for a free consultation.