Drunk Driving Accident Attorney in Fort Worth
As we all know, drunk driving is illegal and extremely dangerous — both for the drunk driver and everyone else on the road. If you or a loved one were injured in an accident caused by a drunk driver, do not hesitate to reach out to an experienced personal injury attorney. Chances are you are entitled to significant legal compensation for your injuries and losses.
The drunk driving accident lawyers At The Wilhite Law Firm are committed to holding drunk drivers accountable for the suffering they cause. We have helped drunk driving injury victims throughout Texas and beyond secure the justice and accountability they deserve. We are ready to do the same for you. Our clients can count on us to deliver the high-quality, individualized attention they deserve. Contact a Fort Worth drunk driving accident attorney today to learn more about how we can help in a free, no-obligation consultation.
How Common are Drunk Driving Accidents?
Drunk driving accidents are far too common in the United States. Year after year, thousands of people are killed by drunk drivers. According to the National Highway Traffic Safety Administration (NHTSA), about 32 people die in drunk driving crashes every day. Tragically, this translates to one death every 45 minutes! The NHTSA further reports that, “over the 10-year period from 2011–2020, about 10,500 people died every year in drunk-driving crashes.”
Is a Drunk Driver Automatically Liable When Involved in an Accident?
No, drunk drivers are not automatically responsible for accidents they are involved in. Plaintiffs must still prove by a preponderance of the evidence that the drunk driver caused the accident and any resulting injuries. For example, imagine that a sober third party runs a red light, causing you to slam on your breaks. You are then rear-ended by a drunk driver. In this situation, the third party is primarily responsible for the accident, sparing the drunk driver from most, if not all, liability.
Can I Pursue a Claim Under Texas’ Dram Shop Laws?
Yes. Dram shop laws allow alcohol distributors to be held liable for accidents drunkenly caused by their customers. Texas’s dram shop law is found in the Alcohol and Beverage Code. Under this law, an alcohol vendor can be held liable for accidents caused by a customer when “it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others.”
What Compensation Can I Recover Through a Lawsuit Against a Drunk Driver?
If you suffered injuries in an accident caused by a drunk driver, you can pursue legal compensation by filing a claim with their auto liability insurer, as well as a lawsuit in court.
If you successfully prove the drunk driver responsible for the accident, they may owe you compensation for things like:
- Medical and rehabilitation expenses incurred treating your injuries
- Lost wages from time missed at work
- Reduced future earning capacity due to long-term disability
- Physical pain and suffering
- Emotional trauma
- Cost of repairing or replacing damaged property
In cases involving particularly serious misbehavior on the part of the at-fault driver, a court may also order them to pay you exemplary damages, also known as punitive damages. This form of damages is meant to punish defendants rather than to compensate plaintiffs. Further, if the defendant is also convicted of a crime associated with the accident (e.g., driving while intoxicated), a court may order that they pay you restitution as part of their criminal sentence. Contact our Fort Worth drunk driving accident lawyer today.
What If a Victim Is Killed in a Drunk Driving Accident?
Of course, no amount of money can make up for the loss of someone we love. That said, if you lose a family member in a drunk driving accident, there are two legal routes toward securing justice and accountability.
The first is a wrongful death lawsuit. Wrongful death claims allow surviving family members to seek compensation for things like loss of household income, loss of companionship, and the mental anguish of surviving family members. Whatever compensation is awarded goes directly to surviving family members.
The second route is survival action. This is essentially a personal injury claim that “survives” in the sense that it is not extinguished by the injured person’s death. Surviving heirs or the representative of the decedent’s estate can bring a survival action seeking whatever compensation the decedent would have been entitled to had they lived.
What Is the Deadline for Filing a Drunk Driving Accident Lawsuit in Texas?
In Texas, victims of drunk driving accidents normally have two years to file a personal injury lawsuit seeking compensation from the at-fault party. Wrongful death claims are governed by the same deadline.
It is important to remember that this deadline is strictly enforced. Subject to very limited exceptions, judges will dismiss cases filed after the deadline passes. This will destroy your right to seek compensation in court and give the at-fault party the upper hand when negotiating an out-of-court settlement.
The best way to avoid these consequences is by having your case evaluated by an experienced attorney. In addition to ensuring that you do not miss the deadline, an early evaluation will also give your attorney more time to build a solid claim on your behalf and ensure that evidence is not lost or altered with the passage of time.
Contact a Forth Worth Drunk Driving Accident Lawyer
Drunk drivers present a serious risk to everyone else on the road. When these drivers cause accidents, they should be held accountable for resulting injuries. If you were hurt by a drunk driver, The Fort Worth drunk driving accident attorneys at The Wilhite Law Firm are ready to help you pursue the full and fair compensation you deserve. Our legal team has decades of experience advocating for injury victims throughout Texas. Contact us today to learn more about how we can help you in a free, no-obligation consultation with a knowledgeable and compassionate personal injury attorney in Fort Worth.
