If you or a loved one was injured by a drunk driver, you are likely feeling considerable pain and anger. You are likely also facing unexpected expenses with no way to pay them. While the drunk driver will likely face DWI charges and possible imprisonment, that doesn’t change what happened to you. A DWI conviction won’t get you the compensation you need to move forward with your life.
However, you deserve to recover that compensation. Our Carrollton car accident lawyers can help. At Loncar Lyon Jenkins, we are fully aware of the devastating consequences that can result from these types of accidents, as they occur every day. Our legal team is dedicated to fighting tirelessly for your rights and helping you secure the compensation you are entitled to. Call us today to get started.
Why Get Help from Our Carrollton DWI Accident Attorneys
Seeking representation from a Carrollton personal injury lawyer at Loncar Lyon Jenkins can be beneficial for several reasons. DWI accident cases involve complex legal issues that our team can help you navigate. We know the legal system and can protect your rights and pursue fair compensation on your behalf. Here are a few reasons you want us on your case:
We Have Decades of Legal Experience
Our attorneys have a deep understanding of the relevant laws and legal procedures surrounding DWI accident cases. We can provide you with guidance on the options for pursuing compensation available to you.
We Have Handled Thousands of Investigations
The first responsibility of a DWI accident lawyer is to conduct a thorough investigation and gather evidence related to your accident and injuries. This typically includes items such as:
- Police reports
- Eyewitness statements
- Surveillance footage
- Medical records
We Know What It Takes to Establish Liability
Proving liability requires demonstrating that the other driver’s intoxication directly led to your accident and resulting injuries. Our attorneys will work to establish a strong connection between the driver’s impairment and the harm they caused.
We Are Not Afraid to Negotiate with Insurance Companies
Dealing with insurance companies can be challenging, and your attorney can negotiate with their representatives on your behalf and seek fair compensation for losses such as medical bills, lost wages, pain and suffering, and other damages. We might also decide to file a lawsuit if we determine that is what’s necessary to get you the compensation you need.
We Defend Against Any Accusations of Fault
Another primary task of a DWI attorney is to explore legal defenses to counter any attempts to shift blame onto you and your actions. The other party’s insurer or attorney may claim that, while the other party drove while intoxicated, you caused or contributed to your injuries. Our team will work to establish that the other party’s negligence was the sole cause of your injuries.
We Give You Peace of Mind
Legal proceedings can be overwhelming, especially when dealing with the physical and emotional aftermath of a personal injury. Having an attorney represent you provides peace of mind, allowing you to focus on your recovery instead of the legal aspects of your case.
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How Does a Carrollton DWI Attorney Prove Fault?
The following are some common pieces of evidence and strategies that your attorney may use to prove fault in a DWI case:
Police Reports and Investigations
Attorneys typically rely on police reports and investigations conducted at the scene of the accident. If the other driver was arrested for DWI, evidence from the arrest, including breathalyzer or blood test results, may be crucial.
It is crucial to obtain medical records of any injuries you suffered in the accident. They will serve as evidence of the harm the other driver’s actions caused both physically and mentally.
Lawyers can gather statements from eyewitnesses who observed the accident and the behavior of the defendant before or after the crash. Witnesses may be able to testify about signs of impairment, such as careless driving, slurred speech, or the smell of alcohol.
Attorneys often hire expert witnesses, such as accident reconstructionists, medical specialists, or toxicologists, to analyze the evidence and provide expert opinions on the link between the other driver’s impairment and the DWI accident.
What Damages Can I Recover After a DWI Accident?
In personal injury cases, there are a variety of damages that can be sought that are both financial and subjective in nature. These include the following:
- Medical expenses, including:
- Emergency care
- Diagnostic testing
- Doctor’s visits
- Home medical equipment
- Prescription drugs
- Loss of wages and earning capacity, which can include not only the immediate impact of the accident on the victim’s ability to work, but also any long-term or permanent disability that affects their future earning potential.
- Pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Loss of quality and enjoyment of life
Wrongful Death Claims
Wrongful death claims can be brought by certain family members when a loved one loses their lives in an accident caused by someone else’s negligence. If you are the spouse, parents, or child of a person fatally injured by a DWI driver, please allow our wrongful death attorneys to fight for the compensation you need.
You may be entitled to the following:
- The decedent’s outstanding medical bills
- Funeral, cremation, and burial expenses
- Loss of the decedent’s financial support
- Pain and anguish
- Loss of the decedent’s love, guidance, and companionship
Per Texas Civil Practice and Remedies Code § 16.003, the statute of limitations in personal injury and wrongful death cases is two years. If you miss this deadline, you may be barred from ever being able to pursue compensation for your losses in the future.
Avoid overstepping the statute of limitations; call us today.
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What Makes DWI Accidents Unique?
Drunk driving incidents are different from other types of car accidents in a few ways. First, driving while intoxicated typically suggests negligence per se (because the drunk driver violated a law, negligence is inferred). This means that if you are injured in a drunk driving accident, you may not be required to prove the other driver was negligent, only that they were intoxicated and this impairment led to your injuries and losses.
Drunk driving accidents are very serious issues and can be both civil and criminal matters. Moreover, the impaired driver often faces DWI charges and possibly others, which may affect the trajectory of any civil claims and outcomes for the responsible party.
Due to the legal complexities often involved in these types of cases, consider seeking the help of a Carrollton DWI accident lawyer who has experience handling claims arising from drunk driving accidents.
Can I Still Win My Case Even if No Charges Are Brought Against the Driver?
If no criminal charges are brought against the other driver or the charges are dropped or reduced, this doesn’t mean that you cannot pursue a case or win. In civil claims, the burden of proof is lower than in criminal cases, so you may still be able to seek damages for your injuries and losses. However, in some cases, a lack of criminal charges may make it more difficult to prove negligence or misconduct on the part of the at-fault driver.
Contact Loncar Lyon Jenkins Today for Legal Help
If you or a loved one was injured in a DWI accident, you deserve compensation. The Carrollton DWI accident lawyers at Loncar Lyon Jenkins can help. Contact us today to schedule a free, no-obligation case review and to learn more about your rights and options. We will assess your claim, walk you through every step of the legal process, and help you secure compensation for your losses.