Drunk driving is inexcusable. Sadly, motorists sometimes choose to get behind the wheel while intoxicated. If you are involved in an accident with a drunk driver, you may seek compensation from them. Meet with a drunk driver accident lawyer in Austin to find out whether you have grounds for a lawsuit.
At The Texas Law Dog, we don’t just bark, we bite. Our team has obtained millions of dollars in compensation for our clients. Allow our car accident lawyer in Austin to assist you with your drunk driving collision case. We may help you secure compensation for your accident losses. To learn more, request a free case review.
Reasons to File a Drunk Driving Accident Lawsuit in Austin, Texas
If a drunk driver crashes their vehicle into yours, they may leave you with property damage and injuries. Following the incident, you may file a lawsuit against the motorist. This may be an opportunity to get compensation that serves you well as you recover from the incident.
A drunk driver accident attorney in Austin can explain what a lawsuit entails. Depending on the circumstances of your accident, they may advise you to sue for compensatory damages. Alternatively, they may help you get money for your accident losses from a liable party’s insurance company.
The Texas Law Dog gives you access to a legal team with years of experience. Our personal injury lawyer in Austin can give you information about auto accident claims and lawsuits. If you want to seek compensation from a drunk driver or their insurer, we are here to help. Contact us today for more information.
When You Can File a Drunk Driving Crash Lawsuit
Initially, you may file an insurance claim after an accident involving a drunk motorist. Your Austin drunk driver accident lawyer may negotiate an insurance settlement on your behalf. Once you approve an offer, you can close your case.
On the other hand, if you want to take your drunk driving crash case in front of a judge or jury, your lawyer will support your decision. At this point, your attorney may allocate time and resources to find ways to boost your chances of winning your lawsuit.
If you want to sue a drunk driver, you may have a limited window for filing your lawsuit. According to Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for personal injury lawsuits is generally two years. Because of this, if you’re injured in an accident that may have been caused by a drunk driver, you may have up to two years to sue.
Austin Drunk Driver Car Accident Lawyer Near Me (817) 775-5364
Compensation That You Could Recover in a Drunk Driving Accident Lawsuit
The recoverable damages after your car accident are dependent on your tangible and intangible losses. Personal injury attorneys may account for economic and non-economic damages as they get your case ready for trial. They may encourage you to seek any of these damages:
- Car repair or replacement costs
- Medical expenses
- Pain and suffering
- Loss of income
- Diminished earning capacity
If you lose a family member in a fatal accident that involves a drunk driver, you may be eligible to file a wrongful death lawsuit. With this, you could secure damages for your loved one’s burial and funeral expenses and other losses.
Evidence That You Can Use in a Drunk Driving Collision Case
Your personal injury attorney may search far and wide to collect evidence after your car accident. If your lawyer has relevant proof, it becomes increasingly difficult for the drunk driver involved in your auto collision to dispute your case. Below are some of the types of evidence that could strengthen your argument:
- Chemical test results
- Field sobriety test footage
- Police reports
- Accident scene photos and videos
- Witness statements
- Cell phone records
Even if you have evidence, you are still responsible for meeting the court’s burden of proof. Your lawyer may utilize proof to explain to a judge or jury how an intoxicated driver acted carelessly or recklessly. On top of that, this proof may help illustrate to the court that you are dealing with losses and deserve to be compensated fairly.
How to Prove Negligence in a Drunk Driving Accident Case
To prove that a drunk driver should have to cover your accident losses, your attorney may craft an argument around negligence. In their argument, your lawyer may highlight how these elements of negligence were present at the time of your accident:
- Duty of care: The motorist had a legal obligation to comply with road rules.
- Breach of duty of care: They chose to act carelessly or recklessly by driving while intoxicated.
- Causation: The driver’s decision to drive while under the influence led to your accident.
- Damages: You’ve incurred losses in the accident.
If your lawyer has a large collection of evidence to support their argument, the defendant may be inclined to try to settle before your case reaches trial. Of course, if a trial is required, your lawyer is ready to argue that the defendant was negligent and should be held liable for their actions against you.
Why You Should File a Wrongful Death Drunk Driver Accident Claim or Lawsuit
Sadly, drunk drivers sometimes cause fatal auto accidents. You cannot change the fact that you may have lost a family member in such an incident. However, you and your loved ones control how you respond to this tragedy. If you pursue legal help, you may be able to seek justice and damages from the at-fault party.
Wrongful death lawyers empathize with those who are coping with the loss of a family member from a car accident caused by a drunk motorist. They can examine your legal options with you and let you know if you may be able to request compensation through a wrongful death claim or lawsuit.
In a wrongful death claim, you could get damages for your loss of companionship and other quantifiable and subjective losses. Or, if you proceed with a lawsuit, your lawyer can describe to a judge or jury how the defendant should be held accountable for the harm that they’ve caused to you and your family.
Trust Our Dedicated Austin Drunk Driving Accident Attorneys to Help You with Your Case
Work with an Austin drunk driver accident attorney from The Texas Law Dog. We can take care of your insurance claim or personal injury lawsuit as you focus on your recovery from your auto accident.
To get started, schedule a free case review.