If you suffered injuries in a Garland, TX, collision caused by a drunk driver, a driving while intoxicated (DWI) accident lawyer could help you. At Loncar Lyon Jenkins, we help traffic accident victims recover the money they need to pay their bills and cover the losses they incurred in the crash.
Learn if you qualify for compensation during a free consultation with our law firm. We can help you understand your rights and your options to hold the drunk driver responsible for their reckless actions.
How You Can Get the Money You Need to Cover Your Accident-Related Damages
Our law firm seeks financial recovery for every accident victim we represent. This recovery includes compensation for their accident-related expenses and losses and estimated future damages.
Examples of the types of damages we are often able to recover for our clients hurt in a DWI accident include:
- Medical bills and care costs to date
- Estimated future treatment and care expenses
- Lost wages and reduced earning capacity
- Vehicle repairs
- Other documented expenditures
- Pain and suffering
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We Represent Family Members Who Lost a Loved One in a DWI Accident
In addition to representing injured accident victims, our DWI accident lawyers also help loved ones who lost someone in this type of crash. Texas law supports immediate family members of fatal accidents to pursue additional damages through a wrongful death action.
We may be able to help you seek damages based on your own financial and emotional losses after the unfortunate death of your loved one.
Our DWI Accident Lawyers Will Prepare Your Case for Trial
We prepare every accident case we handle for trial. Many settle without going in front of a judge and jury, but we believe the preparation for a trial allows us to develop strong support for our client’s insurance claim.
In addition, it shows the drunk driver we are serious about suing them if their insurance company will not agree to a just settlement.
We advocate on behalf of injury victims based on contingency fees. We do not ask claimants to pay anything out of their pockets. Instead, we collect our fees from the settlement agreement or court award we secure on their behalf. Therefore, your family will never need to pay us anything upfront if we work on your case.
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We Personalize Our Legal Services to Meet Each Client’s Specific Needs
We represent more than 7,000 accident victims every year. Each of these clients received personalized services, depending on the details of their case.
Also, we will:
- Manage all legal aspects of the case, including all communication
- Prepare all necessary documents
- Protect our client’s rights
- Answer any questions and address concerns quickly
- Gather evidence to prove negligence and build an argument for a payout
- Call in experts to testify as necessary
- Advise the client on their options and best interests
The Drunk Driver Could Face Two Court Trials Related to Your Traffic Accident
In most cases, drunk driving laws in Texas are found under Texas Penal Code § 49, including:
- Driving while intoxicated (DWI) under Texas Penal Code § 49.04
- Intoxication assault under Texas Penal Code § 49.07
- Intoxication manslaughter under Texas Penal Code § 49.08
While this is important to the driver who hit you or your loved one, and a criminal conviction may feel like justice, it will not cover the expenses and losses you experienced. Instead, you will need to pursue a civil case against the intoxicated driver.
It is important to note that a criminal conviction can support your lawsuit, but it is also necessary to hold the drunk driver accountable in a civil case. A criminal conviction is not a guaranteed win in a civil trial, although it can help.
How You Can Prove the Impaired Driver Caused Your Accident in Garland
When we build a DWI accident case in Garland, lawyers from our firm will gather evidence to show:
- The driver acted negligently, directly causing your collision.
- You suffered injuries in the crash.
- You have financial losses due to the accident and your injuries.
We do not have to prove the driver was drinking or had a blood alcohol concentration (BAC) over the legal limit. But, for example, if a driver ran a red light because they were driving impaired, we must show they failed to obey the traffic signal.
Evidence common in these accidents include:
- The accident report filed by law enforcement
- Witness statements
- Traffic or surveillance camera video
- The damage to each vehicle
- Accident reconstruction
- Other expert testimony
Texas Law Limits Your Time to Take Legal Action in Your DWI Accident Case
Most traffic accident victims in Texas only have two years to begin the legal process of taking a case to trial, per Texas Civil Practice and Remedies Code § 16.003. Missing the deadline in your case would likely mean losing the right to sue the driver and recover a financial award.
It is important to know that not all collision victims have a two-year deadline for beginning the process. Some circumstances increase or decrease the time available to build a case and take action. You must meet the appropriate timeline to hold the drunk driver responsible in court.
We will ensure you understand the deadlines that apply in your case.
Frequently Asked Questions (FAQ) for DWI Accidents in Garland
When you or someone you love has suffered devastating injuries in an accident caused by a drunk driver, you may be feeling angry and ready to take action against them. Fortunately, in addition to the criminal penalties they may be facing, you have the opportunity to pursue civil action against them. This way, the liable party is held accountable to the fullest extent of the law.
With this in mind, we have answered some of the most frequently asked questions surrounding DWI accidents in Garland below. If you have additional questions regarding your DWI accident claim, contact our office to discuss your concerns further.
Can I Settle Outside of Court?
It is possible to settle your claim outside of court, but you will need to obtain a reasonable settlement from the insurance company to cover your losses. Insurance companies are not on your side. They will be looking for opportunities to get away with reducing or denying your injury settlement altogether. If the insurance company is unwilling or unable to compensate you for your damages in full and you hope to get the most out of your case, you need to be prepared to bring your case to court.
What Happens If the Defense Tries to Blame Me for the Accident?
Do not be surprised if the defense argues that you are partially at fault for your injuries. For example, they may say that you were speeding, driving while distracted, or otherwise partially at fault for the injuries you sustained. They do this because they want to avoid paying your claim in full.
Texas follows a modified comparative negligence system with a 51% threshold. If your portion of liability goes beyond this limit, the liable party may be able to escape culpability altogether. Fortunately, your attorney will be by your side, advocating for your rights. We will ensure that the drunk driver and other liable parties do not take advantage of you during this challenging time in your life.
Who Can I Sue When Injured by a Drunk Driver?
You might be quick to assume that the drunk driver in your case is responsible for your damages. This may be true. Drunk drivers should be held accountable criminally and civilly when they cause someone to suffer serious injury or illness due to a car accident.
However, you may be surprised to learn that other parties could also share fault for your injuries. Therefore, your attorney will need to closely examine the details of your case to determine which individuals or entities are at fault.
For example, in addition to the drunk driver, you also have a claim against any dram shops that may have oversold or served the drunk driver alcohol before the collision. Texas dram shop liability laws allow these establishments to be held accountable when they sell alcohol to someone who is already under the influence. You can get a better idea of who might be named in your DWI accident claim when you contact your attorney to discuss your insurance and civil claims.
Contact a DWI Accident Attorney for Help with Your Case Today
If you suffered injuries from a drunk driver, call in the Strong Arm to fight for you. After a DWI accident in Garland, we will review your accident case for free. In addition, a Garland DWI accident lawyer can help you pursue compensation based on your injuries, losses, and expenses.
Contact Loncar Lyons Jenkins to get started with a complimentary, no-obligation case consultation today.