Despite years advocating for safe and sober driving, the National Highway Traffic Safety Administration (NHTSA) reports more than 10,000 people die every year in the United States as a result of drunk driving. The Texas Department of Transportation (TxDOT) notes that any drivers with a blood alcohol level (BAC) of 0.08 or higher can be charged with Driving While Intoxicated, and that the consequences for doing so grow more severe depending on the presence of other drivers on the road or passengers in the car.
Even so, some drivers continue to drink before driving themselves home. If you have been in an accident with a driver who was intoxicated at the time of the crash, you may be able to take legal action to seek compensation for your losses. You can work with the team at Ben Crump Law, PLLC to construct a complaint and assign liability to the appropriate parties: (800) 683-5111.
Cut Through the Red Tape
Recovering after a drunk driving accident takes time and working through the legal parameters of a potential case can be draining. A Fort Worth drunk driving accident lawyer, however, can make this simpler by:
For a free legal consultation with a drunk driving accidents lawyer serving Fort Worth, call 800-598-7557
Addressing the Details of Your Case
If you take legal action against someone involved in a drunk driving accident, the lawyer you choose to work with will need to prove that said driver violated state law and drove with a blood alcohol level above the legal limit. They will then need to prove that their disregard of the law was responsible for the losses you endured. Furthermore, if you want to take action against a party involved in a drunk driving accident, you will need to do so within Texas’s statute of limitations. According to Texas Civil Practice and Remedies Code Section 16.001, this gives drivers two years after an accident takes place to act.
That said, there are some circumstances which make these cases simpler to handle. If police were called to the scene of the accident, it is likely that all parties involved therein were given a breathalyzer test. You can look to the results of these tests to determine whether or not a person’s BAC violated state law. However, a Fort Worth drunk driving accident lawyer may also prove to bring in evidence such as:
- Video footage of the accident
- Photos from the scene of the accident
- Eyewitness accounts detailing drivers’ behavior on the road
- Police reports from the scene of the accident
- Medial reports and bills incurred by all parties involved in the accident
Note that Texas is a tort, or an at-fault, state. As such, insurance claims can also come in handy when you are trying to determine which party may be liable for additional damages after a drunk driving accident. Texas insurance providers will determine which of the parties involved in an accident is “at-fault,” or responsible for the accident. It will then be that party’s insurance company which the involved companies deem responsible for the costs incurred during the accident. In determining fault, insurance companies give a drunk driving accident lawyer additional evidence to suggest liability.
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Presenting Your Potential Compensation In Court
The complaint you file against liable parties must include a calculation of that compensation which you believe you may be owed after a drunk driving accident. Your avenues for compensation can include:
- Medical expenses related to the accident
- The cost of future procedures
- Damaged property
- Physical therapy
- Prescription medications needed to restore your previous quality of life
- Psychological counseling
- Lost wages
- Lost opportunity to work
- Pain and suffering
- Mental, physical, and emotional anguish
- Wrongful death and funeral costs, if applicable
The court you work with may also see fit to charge a defendant with punitive damages. These damages most often arise when a court deems a party involved in an accident grossly negligent, or if the court believes that said party acted with intent to cause harm. These fees serve as an additional punishment for the defendant and are put in place to discourage other members of the public from engaging in this kind of dangerous behavior.
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Preventing Insufficient Settlement Offers
If the intoxicated party you get into an accident with drives a commercial vehicle, or if they would prefer to come to an agreement with you outside of the courtroom, they may choose to present you with a settlement on their own. These settlements can sometimes cover the expenses you may have incurred during an accident.
That said, if an offered claim proves insufficient, you can continue to work with an attorney in the Fort Worth area to take action and fight for what compensation you may be owed.
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Working with Your Financial Needs in Mind
Recovering after a drunk driving accident is not always easy. If you have medical needs that you need to see to, you may be concerned about the cost of legal action against the party determined to be liable for your losses.
Ben Crump Law, PLLC wants to work with you regardless of your circumstances. As such, the law firm works on contingency. You will only be charged for services rendered if you receive compensation for the losses you suffered in your car accident. Even then, you will only be charged once you have that compensation in your possession. At that point, Ben Crump Law, PLLC will take a percentage of your settlement to pay for services rendered, leaving your saved resources untouched and available for any other fees you may be contending with elsewhere.
A Fort Worth Drunk Driving Accident Lawyer Can Help
Drunk drivers do not just put themselves at risk when they take to the roads in Texas. They also put you, your loved ones, other drivers, and even pedestrians in danger. You do not have to walk away from a drunk driving accident unable to take legal action against those parties who endangered you. With the help of a Fort Worth drunk driving accident lawyer with Ben Crump Law, PLLC you can calculate what compensation you may be owed and take action against other parties involved in your accident.
To discuss the details of your case with a member of our team, you can reach us today at (800) 683-5111.
Call or text 800-598-7557 or complete a Free Case Evaluation form