When a driver operates a motor vehicle, they are required to try and protect others on the road. drivers have a duty to be sober when driving. If a motorist chooses to drive while intoxicated, then they are breaching that duty. Often, when an intoxicated motorist gets on the road, they can cause an accident and catastrophic damage. Following an accident involving a drunk driver, you should let a car accident lawyer help you seek compensation. Discuss your legal options with a Mansfield drunk driver accident lawyer as soon as possible.
Similarities in Drunk Driving Accidents
Many car accidents involving drunk driving occur at night, the early morning, and the weekends. This is often because people are off work during those times, which leads to drinking and driving while intoxicated. Often, there are situations in which the intoxicated driver was going the wrong way down a one way leading to a crash. Drunk drivers are not able to react or function as they normally would be and that leads can lead to a devastating collision.
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How Is Liability Determined?
If a driver is operating a vehicle while intoxicated, the drunk person may be determined to be the at fault party. But there are situations, where a drunk person would not only be liable. For example, if a drunk person is stopped at a red light and a person rear-ends them from behind. The drunk driver most likely would have a negligence claim against the driver that rear-ended them.
In Texas, as long as the at-fault driver was 51 percent or more the cause of the crash then the injured party may still be able to make a claim against them. Liability adds another layer of complexity to a car accident case involving an intoxicated motorist. This is why it is so important to reach out to an experienced lawyer in those circumstances.
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Damages Sought By The Injured Party
Those involved in a motor vehicle collision involving an intoxicated motorist may be entitled to recover economic and non-economic. This could include:
- Medical expenses
- Lost wages
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
In some situations, the injured party may also be awarded punitive damages. The punitive damages are meant to punish the drunk driver for their conduct for driving while intoxicated and a skilled Dallas drunk driving lawyer can work towards recovering those damages for an individual by gathering the proper evidence and handling all communications with the insurance company.
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Does a Criminal Case Impact The Civil Case?
A case involving an intoxicated motorist could potentially end up in both a civil case and a criminal case. It is up to the police to charge a driver with driving while intoxicated. Then, it would be up to the district attorney’s office to bring a charge of driving while intoxicated against that driver. If that happens or it does not happen, the injured party can still bring a civil suit against the drunk driver and pursue negligence claims, and get paid the money they deserve for being crashed into by a drunk driver.
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Deadline To File a Claim
Generally, the statute of limitations for car wrecks is two years in Mansfield. It is imperative to hire a knowledgeable experienced attorney to ensure that the injured party is complying with the statute. While the statute is generally two years from the date of the accident, there are a few exceptions to the rule. A lawyer can easily confirm the proper date of compliance with the statute. There are no excuses when a person misses the statute of limitations, a lawyer knows this and could help make sure the injured party’s rights are protected by complying with the proper statute of limitations.
Seek Help From a Mansfield drunk Driver accident attorney today
After seeking medical attention, it is crucial to retain the services of a knowledgeable attorney. Bringing an attorney early on is essential in a drunk driver accident case. The sooner a lawyer is brought on, the better chance they are able to preserve crucial evidence. With the help of a Mansfield driver accident lawyer, you may be able to recover compensation for each and every one of your injuries. Call today to learn more about how a local attorney could help your case.
Call (817) 775-5364 or complete a Free Case Evaluation form