Driving under the influence of alcohol is prohibited in Texas. Anyone found guilty of drunk driving risks jail terms, fines, or both. They are also liable for any damages that may arise. Unfortunately, at least 32 people are killed every day in the U.S in drunk driving accidents as reported by the National Highway Traffic Safety Authority (NHTSA).
If you are nursing injuries or grieving the loss of a loved one caused by a drunk driver, it’s time to speak with our compassionate Texas City drunk driving accident lawyers. We represent victims of negligence like you and fight for their rights every day. All you need to do is schedule a no-risk case review with our car accident attorneys today to get started.
Drunk drivers are largely to blame for auto wrecks caused by driving under influence. However, suing them is only the first and small part of finding justice. Because many other parties are involved in the chain leading to a drunk driving accident, you may want to understand the full scope of liability in your case. Speaking with a Texas City drunk driving accident attorney allows you the resources and legal infrastructure needed to fully determine fault.
The State of Texas has dram shop laws. This means that besides the driver, other parties and establishments may be equally sued for serving alcohol to a driver who later causes an accident. Under these laws, the following parties may be held liable for the damages resulting from a drunk driving accident:
While these rules are universal, their applicability varies from case to case. Talking to a seasoned attorney will assist in determining the way forward in your personal injury case or wrongful death claim. Other parties likely to bear fault in a drunk driving accident are trucking companies and vehicle owners for negligent driver hiring. In case other factors such as bad roads contribute to a drunk driving crash, construction companies and municipalities may also be sued.
Although drunk driving accidents may have the same consequences as other auto wrecks, the legal procedure is somewhat different. Drunk driving accidents constitute gross negligence by the drunk driver as well as the commission of a criminal offense. For these reasons, there are additional things you must be aware of even as you look up to your Texas City drunk driving accident attorney for guidance. They include:
The outcome of a criminal case against the drunk driver usually has no impact on the suitability of parallel civil charges. For example, even if the jury finds the defendant not guilty of DUI, your attorney may still recover compensation through civil charges. Whereas criminal liability is based on the presumption of guilt, a civil case is filed based on the preponderance of the evidence.
Essentially, this means that the accident could not have occurred but for the negligent conduct of the defendant.
Although civil and criminal proceedings may run concurrently, your attorney may use this to your advantage. For example, the evidence tabled before the court by a state prosecutor can be used to strengthen your case. On the downside, law enforcement officers or prosecutors may be unwilling to share critical evidence until the matter is settled. As a result, your civil suit will likely be delayed.
If the driver is convicted of DUI, your case receives a major boost. Because the burden of proof in criminal cases is higher compared to what must be proven in a civil case, a conviction makes it easier to prove the latter.
The journey to financial freedom and peace of mind after the grueling aftermath of a crash begins when you speak with our team about your case. At Lone Star Injury Attorneys, we are dedicated to helping you get your life back on track. Call us today to speak with our Texas City drunk driving accident lawyers.