Drunk driving accidents can be absolutely devastating to crash victims. These accidents often happen at high speeds and result in major injuries, leaving crash victims in intense pain that can last for weeks, months, or a lifetime. Drunk driving accidents can also be emotionally intense, resulting in heightened anxiety, depression, nightmares, flashbacks, and other symptoms of post-traumatic stress. The economic consequences of drunk driving accidents can also be severe. They include high medical bills, a long period of missed work, and permanent physical or mental disabilities. A Dallas drunk driving accident lawyer can help.
Why Hire a Drunk Driving Accident Lawyer in Dallas?
The Dallas drunk driving accident attorneys at The Wilhite Law Firm know how a serious crash can completely upend your life. That’s why we work so hard to pursue full and fair compensation for our client’s injuries and losses. We will work with you to determine all the different categories of compensation you might be eligible for, and we will fight tirelessly to protect your rights. Contact our Dallas drunk driving accident attorney today for a free initial consultation. Talk to our traffic collision lawyers now.
How a Lawyer Can Help After a Drunk Driving Accident Injury in Texas
Drunk driving accident cases can be complicated. However, an experienced drunk driving accident lawyer at The Wilhite Law Firm will know what steps to take to build a strong case on your behalf while you recover from your injuries. When you work with The Wilhite Law Firm, you can count on us to:
- Identify who’s liable for your injuries – Of course, we will investigate the drunk driver who hit you to prove that they can be held liable for your injuries. But depending on the circumstances of the accident, other parties may be partially liable for your injuries as well. Bars and liquor stores can be held liable for drunk driving accidents in certain circumstances, for example.
- Document the full extent of your losses – The injuries from a drunk driving accident are often not just limited to physical injuries. The psychological effects of a major accident can be severe, including increased anxiety, depression, mood swings, insomnia, nightmares, flashbacks, and other signs of post-traumatic stress. Drunk driving accidents can also be a significant financial burden due to the high cost of health care and having to miss work during recovery. A lawyer from The Wilhite Law Firm can help make sure all the injuries you have suffered in a drunk driving accident are accounted for.
- File your claim – It’s also important to make sure your claim is timely filed, and all the paperwork is filed correctly. If not, it could end up costing you some of your compensation. An attorney will review every detail of your claim.
- Negotiate with insurance companies – There’s an art to settlement negotiations, and with the high stakes involved in drunk driving crashes, it’s important to hire a lawyer who knows the various tactics insurance companies often use to avoid paying out settlements. At The Wilhite Law Firm, we will be prepared to demand the maximum amount of compensation for you.
- Bring your case to court – The vast majority of drunk driving accident cases are settled. However, if a settlement cannot be reached, you will need to bring your claim to trial to fight for compensation for your losses. At The Wilhite Law Firm, we are skilled trial attorneys who know how to present strong cases in the courtroom.
Who Can Be Held Responsible for a Drunk Driving Accident?
The drunk driver will bear much of the responsibility for an accident, but they’re not the only parties who can be held liable. Under Texas’ dram shop law, bars, liquor stores, and other places that serve alcohol can be held liable if a patron injures someone else in a drunk driving accident.
To hold a business liable under the dram shop law, you must show that the drunk driver was obviously intoxicated to the point that they were a danger to themselves or others when they were served at the bar, liquor store, or other establishment. You must also show that the drunk driver’s actions were the primary cause of the crash.
Also, an adult 21 years or older who contributes to a minor’s intoxication by knowingly serving them alcohol may be liable for any accidents and damages that result.
What Damages Can You Seek as a DWI Victim in Dallas?
With help from the right drunk driving accident attorney at The Wilhite Law Firm, you can seek full and fair compensation for:
In fatal crashes, families may be able to pursue compensation through a wrongful death claim.
What’s the Difference Between Criminal Charges and a Civil Case?
If someone is charged with a crime after a drunk driving accident, they could face possible prison time, fines, the loss of their driving privileges, and other penalties. However, a criminal charge does not provide drunk driving accident victims with compensation for their injuries – even though a criminal conviction can be used as evidence in a civil case.
Similarly, you cannot send someone to prison by filing a civil case against a drunk driver. But you can hold them financially responsible for the various injuries you have suffered.
How Long Do You Have to File a Drunk Driving Accident Lawsuit in Dallas?
According to Texas’ personal injury laws, you have two years from the date of the accident to file a lawsuit against a drunk driver or any other party who may be liable for your injuries. If you miss this deadline, your case will most likely be dismissed, and you will lose your chance to recover compensation for your losses. That is why it is important to contact The Wilhite Law Firm as soon as you are ready to act in your case.
Texas Alcohol Laws
Many people use DUI (Driving Under the Influence) and DWI (Driving While Impaired) interchangeably when they talk about criminal charges after a drunk driving accident. However, these are two distinct crimes under Texas law.
- DUI is a misdemeanor offense under the Texas Traffic Code and is only applied to drivers under 21 who have consumed any amount of alcohol.
- A DWI charge is closer to what most people would consider a DUI in Texas. A driver is automatically guilty of DWI if they are found with a blood-alcohol concentration (BAC) level of 0.08 percent or higher. However, a driver could still be charged with DWI if a law enforcement officer notices that their driving ability has been affected, and the driver has consumed any amount of alcohol.
It’s important to know that a criminal DWI conviction is not necessary to pursue an injury claim against a drunk driver. A DWI conviction can help bolster your case, but you can file a personal injury claim even if no criminal charges are ever brought against the driver.
Injuries Caused by Drunk Driving Accidents
Some of the injuries that commonly occur in drunk driving accidents include:
Drunk Driving Accident FAQs
Here are a few of the most common questions our team at The Wilhite Law Firm answers in drunk driving accident cases in Dallas:
If you have uninsured motorist coverage through your auto insurance policy, you can file a claim with your own insurance company to cover some of your losses. Otherwise, you can file a personal injury lawsuit and seek to recover compensation from the drunk driver’s other available assets.
The drunk driver does not have to be charged with a crime for you to file a personal injury claim. A criminal charge can help your case, but you can also use other evidence if criminal charges are not filed.
At The Wilhite Law Firm, our drunk driving accident attorneys work on a contingency-fee basis. In other words, we will cover the upfront costs related to your claim, and we will be paid through a percentage of whatever compensation you receive. We will not be paid unless we achieve a successful resolution of your case.
Talk to a Dallas Drunk Driving Accident Attorney Now
Drunk driving accidents can be deeply painful in many different respects, but that doesn’t mean you can’t be compensated for your pain. The Dallas drunk driving accident attorneys at The Wilhite Law Firm are ready, willing, and able to take your case, and we will be relentless in our protection of your rights. Contact us today for a free initial consultation. Talk to our personal injury lawyer today.
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