Driving while intoxicated (DWI) is one of the most reckless behaviors that any motorist can engage in. If you or your loved one was injured by a drunk driver, then you may have a clear reason to bring a civil lawsuit against the person who harmed you.
You could also have reason to bring legal action against parties other than the driver who was drunk at the time of your accident. A Dallas DWI accident lawyer at Loncar Lyon Jenkins may be able to assist you with any lawsuit that you elect to bring against one or more defendants.
DWI Is a Major Problem in Texas
Statistics from the Centers for Disease Control and Prevention (CDC) show Texas to be a state with a significant drunk driving problem. Texas ranks above the national average in:
- Rate of drunk driving deaths for males
- Rate of drunk driving deaths for females
- Rates of drunk driving deaths across all age groups
- Rates of individuals who reported driving after having too much alcohol to drink
The reality is that you may be at a greater danger of being a DWI accident victim in Texas than in most other states, if not every other state.
For a free legal consultation with a dwi accidents lawyer serving Dallas, call 877-239-4878
Driving While Intoxicated Increases the Risk of Collision
Driving after consuming an intoxicating amount of alcohol has several effects on your body that collectively constitute a risk to all other drivers, passengers, and pedestrians on or near the road.
The CDC details the effect that alcohol has on your physical and mental capabilities as you become more and more intoxicated. Some of the features of intoxication that may have a direct negative effect on your ability to control a vehicle safely include:
- Changes in your judgment that may include an increased risk of impulsivity and risky decisions
- Changes in your coordination that may cause you to lose control of your vehicle
- Slower information processing, which may prevent you from braking, swerving, or doing other safety maneuvers to avoid a collision
- Inattention that may lead you to lose track of your vehicle’s speed
- Slower physical reaction time to elements on and near the road
Taking the risks that come with drinking and driving are generally not accepted in our society, in part because of transportation options such as:
- Regional ridesharing services
- Asking a friend or family member to provide safe transportation
- Public transportation
The combination of drunk driving’s potentially lethal consequences and the lack of justifiable reasons for driving while intoxicated means that any person who struck you while drunk could face both criminal charges and civil litigation. You may be able to bring a civil lawsuit against an intoxicated driver regardless of the outcome of any criminal case against them.
Our Dallas DWI accident lawyer may be able to assist you in bringing a civil action against the drunk driver involved in your accident or a loved one’s collision.
Dallas DWI Accident Lawyer Near Me 877-239-4878
A Drunk Driver May Not Be Solely Responsible for Your Accident
A driver in Texas is legally intoxicated and legally prohibited from operating a motor vehicle if they have a blood alcohol concentration (BAC) of .08 or greater, according to the Texas Department of Transportation (TxDOT). A driver may also be found to be impaired by alcohol or drugs regardless of whether they provide a blood or breath sample that could establish their BAC.
A person who was involved in an accident with you or a loved one and was determined or alleged to be intoxicated may be the most liable party for your losses—they may not be the only liable party, however. Additional parties that could be responsible in some way for your accident include:
- An establishment where the person was drinking before getting in their vehicle and being involved in an accident with you or your loved one
- An institution that sold the person packaged alcohol despite the person appearing to be intoxicated at the time of purchase
- If the person who struck you is a minor, any adult who provided the minor alcohol
- An employer if the person who struck you was acting in the course of their job
Your lawyer may be able to identify any additional parties whose negligence contributed to your accident. They may also fulfill several additional tasks in the service of completing your lawsuit.
Contact our Dallas DWI Accident Attorneys today
Our Lawyer Will Facilitate Your DWI Accident Lawsuit
In addition to helping you determine liability, your lawyer may:
- Collect evidence that illustrates the defendant’s intoxication and any evidence that their intoxication contributed to your accident and injuries
- Speak with witnesses to the defendant’s intoxication before or during the time when they were driving the vehicle involved in your accident
- Handle all the legal aspects of your lawsuit, such as paperwork and court appearances
- Construct written and verbal cases for compensation
- Negotiate a settlement or pursue compensation for you at trial
- Protect your rights
Our lawyer may advise you, answer your questions, defend your rights, and ultimately aim to acquire any compensation that you should be entitled to.
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What to Expect From the DWI Accident Claims Process
Dealing with the insurance company is a common aspect of many motor vehicle accident claims. However, when you are involved in a DWI accident, your insurance claim may be handled differently. Texas is a fault state for auto insurance purposes. This means when you were involved in an accident, you will need to file a claim with the liable party’s auto insurance provider.
However, you may be shocked to discover that the insurance company is not willing to cover your expenses since their policyholder was drunk at the time of the accident. The insurance company may argue that the policy is not valid if the driver is drunk.
Your attorney will need to carefully review the auto insurance policy and question to determine whether this is true. Do not be surprised if the insurance company is attempting to avoid paying out on your claim. They will lose money by settling your case. However, your attorney will be by your side, advocating for your rights and ensuring the insurance company is held accountable for their financial obligation.
How Insurance Settlements Work
If the insurance company is required to pay out on your claim, you may still be surprised to learn that they will not cover your damages in full. In fact, insurance companies are only required to cover damages as high as the policyholder has purchased. This means the amount of coverage purchased by the policyholder will determine the amount of compensation the insurance company is required to pay you.
For example, under Texas law, drivers are required to purchase a minimum of $30,000 per person in bodily injury liability coverage. If you are injured in an accident, this coverage will protect you and cover your medical expenses, as high as $30,000.
If your medical expenses amounted to anything higher, the remaining losses will need to be sought after in a civil claim against the drunk driver or other liable party.
Statute of Limitations for DWI Accident Lawsuits in Dallas
Pursuing a DWI accident lawsuit in Dallas is time-sensitive. Under the statute of limitations, your lawsuit must be filed before two years have passed. However, the exact date the statute of limitations will expire for your case may not always be clear.
You may be quick to assume that two years from the date of the accident is the deadline. But if your injuries were not diagnosed until a later date, would the deadline be extended? This question can be answered when you discuss the details of your case with your attorney.
Much of the evidence needed to prove liability in a DWI accident claim may only be available for a limited amount of time. This includes chemical blood alcohol test results, cell phone records, bank statements, and even video footage of the accident. By getting our DWI accident attorney in Dallas on your case as soon as possible after the collision, you can reduce your risk of having the statute of limitations adversely impact your case.
Compensation for Victims of Dallas DWI Accidents
Compensation may include coverage for:
- Your medical expenses
- Income you have lost because of your accident
- Pain and suffering
- Any other accident-related expenses or losses
If your loved one died because of the actions of a drunk driver, your lawyer may assist you in bringing a wrongful death lawsuit against responsible parties.
Call Loncar Lyon Jenkins Today
Loncar Lyon Jenkins takes every client’s case seriously, so Call in the Strong Arm to fight on your behalf in Dallas County. We will provide a free case assessment and explain how our Dallas DWI accident lawyer may be able to work on your behalf for the compensation that you may be entitled to.