Drunk driving is a serious offense that claims the lives of almost 30 people every day in the United States, according to the National Highway Traffic Safety Administration (NHTSA). The dangers of drunk driving are widely known, which is why it is illegal in all 50 states. Drivers with a blood-alcohol concentration (BAC) of 0.08% or higher are breaking the law and putting others in jeopardy.
Drunk driving is negligent, reckless, and wrong. If a drunk driver caused your car accident, they should be held responsible for injuries, repairs, and other losses you suffered. If an intoxicated driver hurt you or your loved one, a Corpus Christi drunk driving accident lawyer may be able to help you pursue compensation. To find out more, contact Ben Crump, PLLC at (800) 598-7557 for a free consultation.
Drunk Driving Puts Others in Danger
Drivers owe motorists on the road a duty of care. This means they must make a reasonable effort to avoid harming themselves or others. Taking care behind the wheel includes actions like obeying traffic laws, not exceeding the speed limit, and avoiding driving distractions. Drinking and driving is a clear breach of the duty of care.
The decision to drive drunk is negligent and puts others at risk. In Texas, there is a zero-tolerance policy for drinking and driving when it comes to minors. Those under age 21 are not permitted to have any alcohol in their systems when behind the wheel.
The more a person drinks, the more impaired they become. A BAC of 0.08%, the amount at which it is illegal to drive in Texas, can cause a decrease in balance, coordination, hearing, vision, and reaction time. This can result in difficulty concentrating and controlling speed.
The law considers commercial vehicle drivers above the legal limit if their BAC registers at 0.04% or higher. There also are laws against driving with an open container.
A higher BAC may lead to slowed thinking, reduced muscle control, and decreased information processing. This may cause a loss of vehicle control, an inability to regulate speed and stay in the proper lane, slowed reaction times, and poor decision-making.
The overall result of drunk driving may be an accident involving another vehicle, a pedestrian, or a bicyclist. When this happens, an intoxicated driver should face the legal and monetary consequences.
For a free legal consultation with a drunk driving accidents lawyer serving Corpus Christi, call 800-598-7557
Insurance Claims and Civil Actions
The state may punish the drunk driver who caused your accident, but you can still pursue a civil case to pursue financial damages that are due to you. To win financial compensation, you will have to seek a settlement through an insurance claim or file a personal injury lawsuit, which a lawyer can help you navigate.
A Corpus Christi drunk driving accident lawyer can help you file an insurance claim and negotiate with the at-fault driver’s insurance company. According to the Texas Department of Insurance (TDI), the law requires all Texas drivers to have a minimum of $30,000 in liability coverage for bodily injuries or death they cause to one person, $60,000 for injuries or death to two or more people, and $25,000 in property damage coverage.
However, insurance companies may attempt to deny coverage to policyholders who cause an accident while intoxicated. The insurance company may argue the decision to drink and drive constitutes intentional conduct, thus voiding the liable driver’s insurance policy. This means the drunk driver’s insurer will not pay for their damages or yours.
Even if the insurance company is willing to cover a DUI accident, they may try to argue over the payout amount. Other problems may arise if the driver who caused your crash is underinsured or uninsured. When insurance cannot satisfy your costs, a lawyer can help you take your case to civil court.
Civil lawsuits give victims the opportunity to recover their accident-related expenses while at the same time monetarily penalizing defendants for their wrongdoing. In a drunk driving accident lawsuit, you could win compensation for:
- Emergency medical care
- Ongoing medical treatment
- Rehabilitation and physical therapy
- Vehicle and property damages
- Lost or reduced wages
- Stress, insomnia, anxiety, and other mental and emotional health issues that your accident and injuries caused
- Permanent physical injuries, including severe scarring, disfigurement, loss of mobility, and/or reduced cognitive functioning
If a drunk driving accident resulted in your loved one’s death, you may have the right to file a wrongful death lawsuit. You can pursue many of the damages listed above on behalf of your deceased family member. Texas allows two years to take your case to civil court before the statute of limitations on personal injury and wrongful death lawsuits expires, according to Texas Civil Practice and Remedies Code §16.003.
You can speak with an attorney if you have questions or are unsure if you are still within the statute of limitations. If you choose to hire an attorney, they can take care of filing your lawsuit with the court on time and other paperwork that is important to your case.
Corpus Christi Drunk Driving Accident Lawyer Near Me 800-598-7557
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Drunk drivers should pay for their poor decisions. It is never alright to get behind the wheel while intoxicated. Those who do so are unnecessarily risking their lives and the lives of others.
Your injuries are not your fault. You should not have to pay the price for someone else’s mistakes. A Corpus Christi drunk driving accident lawyer can help you seek justice and financial peace of mind. Call Ben Crump, PLLC at (800) 598-7557 for a free consultation. You can ask us questions, and we can learn more about your accident to see how we can help you.