Car accidents are extremely dangerous, and there is an increased risk of an accident if another motorist is impaired by alcohol. In the State of Texas, it is illegal to drive under the influence. People could sustain devastating injuries, damages, or even death in a car crash. According to Mothers Against Drunk Driving, almost half of all fatal accidents involve a drunk driver, and according to the AAA Foundation for Traffic Safety, 31 percent of fatal drunk driving crashes occur on the weekends. Fatal crashes are also four times higher at night than during midday.
Fortunately, injured individuals may be eligible to hold reckless drivers accountable for their actions. If you or a loved one have been injured in a car crash due to an impaired motorist, a Fort Worth drunk driver accident lawyer could help your case. A diligent car accident lawyer could investigate your collision, speak to witnesses, and calculate your losses to help you seek compensation.
How Are Drunk Driver Collisions Different from Other Car Accident Cases?
Any vehicle wreck caused by a drunk driver is different from other car collisions cases because when a victim is injured by a drunk driver, the victim can pursue a gross negligence claim. Gross negligence is defined as an act or omission that is viewed objectively from the standpoint of the bad actor at the time of the occurrence. It involves an extreme degree of risk such as driving drunk, considering the probability and magnitude of the potential harm to others which the actor has an actual and subjective awareness. A seasoned Forth Worth attorney could help prove this gross negligence in a drunk driving accident case.
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Can You Press Charges Against an Impaired Motorist?
It is key to realize that, in and impaired driving case, the district attorney (DA) will pursue criminal charges against the drunk driver. Occasionally, the DA will reach out to the injured party to discuss the amount of damages incurred, and the drunk driver may be ordered to pay restitution. Under the Texas Constitution, restitution is a guaranteed right of the crime victim, and restitution holds the criminal at fault and forces them to pay back the person that they have wronged.
This might seem confusing, but a skilled Fort Worth lawyer could help a plaintiff determine their rights and responsibilities at this stage of a drunk driver accident claim.
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Shared Liability in an Impaired Driver Case
If the injured driver can be found at least partially responsible for the accident, negligence gets pursued in the event that the majority of the fault belongs to a drunk driver. Gross negligence is pursued because the drunk driver was intoxicated and knowingly putting other drivers at risk.
In situations where the injured party was also the drunk driver, they will likely face criminal charges for driving under the influence. If the injured party was also intoxicated and arrested for driving while intoxicated (DWI) but someone else was at fault, our drunk driver accident attorneys in Fort Worth would still pursue that claim against the at-fault party. If an individual is sitting at a stop sign, whether intoxicated or not, and is hit by someone who ran a light or lost control, a lawyer could still pursue that claim carefully with regard to the at-fault party and the drunk driver’s injuries.
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Recovering Compensation for Losses
Individuals could sustain severe injuries and damages in any motor vehicle crash. Fortunately, injured claimants may be eligible to recover economic damages and non-economic damages in drunk driving accidents. For instance, a plaintiff could recover compensation that reimburses for:
- Medical expenses
- Loss of consortium
- Pain and suffering
- Loss of income and wages
- Mental anguish
- Loss of enjoyment of life
In certain situations, punitive damages may be awarded. This occurs in personal injury cases where the actions of the defendant involved fraud, malice, or gross negligence. A knowledgeable Fort Worth lawyer could help determine whether punitive damages apply to a specific drunk driver accident case.
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Let a Fort Worth Drunk Driver Accident Attorney Help
When a drunk driver gets behind the wheel of a car, they could cause serious accidents. Fortunately, when a motorist is impaired while driving and causes others to become injured, they could be held liable in court. A local attorney could help you hold negligent drivers accountable for their carelessness.
Speak to a Fort Worth drunk driver accident lawyer to learn about your eligibility to recover compensation. Call today to discuss your case.
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