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Car accidents have the power to alter lives in split seconds. Whether it’s a minor fender bender or a catastrophic collision, victims of car accidents deserve justice. Regrettably, negligence often plays a role, particularly in cases involving drunk drivers.
When you lose a loved one in an auto wreck involving drunk driving, you need someone you can trust to protect your rights and interests, even as you grieve the loss—a professional who can advocate for your rights and those of your loved one. Our Santa Fe drunk driving accident lawyers understand the impact of such accidents on families.
The harsh reality sets in with funeral expenses, lost wages, lost financial premiums, emotional distress, and loss of companionship, among other losses.
At this point, you need an ally you can trust to get you the justice you rightfully deserve, and the fatal drunk driving accident lawyers in Santa Fe from Lone Star Injury Attorneys are here for you.
How Do I Prove the Other Driver Was Drunk?
If you think the other driver was driving under the influence, you need to speak with a car accident lawyer in Santa Fe. Auto wrecks involving drunk driving are not your regular accidents. They need to be thoroughly investigated by a qualified team to identify the cause and establish whether any involved party was drunk at the time of the crash.
A resourceful attorney with experience handling these cases is best suited to take up your case. It is much easier for them since they dedicate all their resources, time, and energy to your case while you contend with grief and give your loved one a dignified sendoff.
Proving that the other driver was drunk goes beyond proving the following concepts of negligence:
- A legal duty of care existed.
- The duty was breached.
- Causation.
- Damages.
What’s more, you must also provide proof that the other driver was not only drunk but also exceeded the Blood Alcohol Concentration limit of 0.08%. But how can you prove this? Well, you need a qualified fatal drunk driving accident lawyer to guide you. First, your attorney does the following:
- Speak with eyewitnesses and record their statements
- Work with the police and retain copies of their reports
- Obtain evidence from the scene, such as videos and surveillance footage
- Team up with experts such as doctors and investigating authorities to carry out breathalyzer and sobriety tests
- Investigate whether other third parties may be sued through the Dram Shop claim
Further evidence showing the other driver was drunk at the time of the crash can also be obtained through the discovery process. As the plaintiff, you must make and prove your case, and our fatal drunk driving accident lawyers are here to assist.
For a free legal consultation with a fatal car accident lawyer serving Santa Fe, call (713) 429-0711
Liability in a Fatal Drunk Driving Accident Case
Liability in a fatal drunk driving accident case revolves around the foreseeability of harm and the failure to prevent it from happening. In this scenario, your wrongful death claim hinges on showing that the other driver was impaired.
Furthermore, our personal injury lawyers in Santa Fe must present proof to show that the drunk driver exceeded the BAC limit (as outlined under Texas laws) and breached the duty of care in doing so. This breach will form the basis of liability for the intoxicated driver.
And if the other driver was served alcohol while already visibly drunk or impaired, the bar or restaurant, the establishment may bear liability under dram shop laws.
In scenarios where more than one party is at fault, the liability will be allocated proportionately. The knowledge of an attorney who understands drunk driving accidents will be crucial in establishing fault.
Santa Fe Fatal Car Accident Lawyer Near Me (713) 429-0711
Damages in a Fatal Drunk Driving Accident Claim
Damages in a fatal drunk driving accident case compensate for both economic and non-economic losses, encompassing the deceased as well as their surviving estate. Examples of damages owed to the deceased that the surviving estate may claim include the cost of:
- Medical care preceding their passing
- Physical pain and suffering
- Emotional distress
- Lost wages
- Loss of income-earning ability
On the other hand, the surviving estate may also be eligible for damages such as loss of companionship, emotional distress, loss of dependency, and funeral expenses, among others.
Click to contact our Drunk Driving Accident Lawyers in Santa Fe today
Contact a Santa Fe Fatal Drunk Driving Accident Lawyer Today
If an intoxicated motorist strikes your loved one, you have every right to pursue justice. While a state prosecutor will likely pursue criminal action against the drunk driver, your pursuit of justice shouldn’t end there. Filing a wrongful death claim offers an opportunity to seek compensation for your losses.
At Lone Star Injury Attorneys, we can help you through every step of this process. Our compassionate Santa Fe fatal drunk driving accident attorneys are available to review and discuss your case for free. Reach out now to get started.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
