Underage drunk drivers in Texas face criminal repercussions for their actions, but they should also face the consequences for what they did to you or your loved one. Our Odessa DUI accident lawyers can represent you, putting together a case that links the driver’s intoxication with your injuries.
To ensure evidence from the crash is still available and the state’s statute of limitations hasn’t run out, call our Odessa car accident lawyers today for a free consultation. We are ready to lead your case so that you can recover from a crash involving someone who was negligently driving under the influence (DUI).
Our Odessa DUI Car Accident Attorneys Can Build Your Damages Case
Loncar Lyon Jenkins has decades of experience assisting Texans harmed by drunk driving, experience we can use in your insurance claim or lawsuit. We can apply strategies we have developed over years of practice, all while rolling with any changes that come with your case.
However, we know we can’t build a case without a strong foundation, and that foundation is you. When we talk with you, we will get acquainted with you, your injuries, your accident’s circumstances, and the concerns at the top of your list—and then we will work to address the rest of your list, too.
Meanwhile, our DUI auto accident lawyers stay connected via phone, email, or in person. We can even meet with you virtually right from the beginning if you can’t make it to see us. The Odessa personal injury lawyers at our law firm are ready to start strong and finish strong for you.
Connecting the Driver’s Intoxication to Your Damages
A DUI charge is for a driver who was intoxicated while under the legal drinking age. However, the driver doesn’t actually have to have a blood alcohol concentration (BAC) above the legal limit for us to hold them liable. While only a BAC over the limit is grounds for a DUI, any level of intoxication is grounds for a negligence case.
This is because personal injury cases are based on four elements:
- Duty of care: The other driver had a legal obligation to take reasonable precautions when operating their vehicle.
- Violation of duty of care: The other driver instead got behind the wheel after consuming alcohol.
- Injuries: Their intoxication caused an accident that led to your injuries.
- Damages: Because their intoxication injured you, you are entitled to compensatory losses.
We can seek damages through an insurance claim with the driver’s insurer or with a personal injury lawsuit.
If the Driver Was a Minor
You can still seek financial compensation if the driver is under age 18. If their parents’ insurance covers them, you can file a claim with that company for damages.
You can also potentially file a lawsuit against the parents. This would require showing the parent negligently entrusted their vehicle to their minor child. That could mean they knew the child was drinking or the child had a history of this behavior, and the parent should have known better.
Since an Odessa DUI accident case can involve a driver who is a minor, check with our lawyers about the best way to proceed. Call Loncar Lyon Jenkins for a free consultation. We can go over how often personal injury claims go to court and whether that’s likely for you. Many people settle in claim negotiations or out of court, but we are willing to do what’s necessary to get you damages to heal from your injuries.
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Proof Our Texas Drunk Driving Lawyers Can Use to Prove Your Odessa DUI Case
Documentation serves several purposes—identifying liable parties, pinpointing when and how the negligence occurred, and highlighting your need for damages.
To start, we can gather the following from the accident scene in Odessa:
- Photos of the vehicles and damage
- Debris from the accident
- Traffic conditions
- Weather at the time of the crash
Some pieces of evidence that might not seem relevant at first can prove vital later, so we encourage documenting as much of the scene as possible.
Proving the Driver Was Impaired
To highlight that the driver was under the influence and therefore negligent, we gather proof like:
- BAC testing
- Police reports
- Driver’s medical records
- Eyewitness testimony
- Video footage
We can work to retrace the driver’s steps before they hit you, talking to friends or other witnesses who may have seen the driver’s condition before they got into their car.
We might also utilize experts’ help in analyzing and reconstructing the accident. This can provide us with more clarity on the chain of events that led to your crash.
Common Evidence Our Odessa Attorneys Use to Seek Damages for DUI Accident Injuries
To tie drunk driving to your need for damages, we use evidence like:
- Your medical records
- Medical care bills
- Prescriptions and equipment
- Receipts for out-of-pocket costs
- Pay stubs and employment info
- Expert testimony
- Witness accounts
These forms of proof give us an accurate idea of what kind of compensation you deserve. Knowing this can ensure we can distinguish a good settlement offer from a bad one.
What Should a Good DUI Car Accident Settlement Include?
There is no average settlement for a car accident. Instead, a fair settlement should cover anything you have paid and must pay for your accident injuries. That doesn’t just mean what you’ll pay in dollars and cents but also what you’ll pay in an abstract sense—personal and psychological losses, changes to your quality of life, and lost relationships.
The main compensation areas we consider when reviewing a settlement offer:
- Any past and future costs for medical treatment and recovery
- Any past and future lost income from all sources of income
- Reduced ability to earn an income
- Pain and suffering, mental anguish, and emotional distress
- Loss of enjoyment of life
- Impaired quality of life
- Wrongful death damages in the event of a fatal accident (e.g., funeral and burial expense, lost income from the deceased)
877-239-4878Available 24/7 | 356 Days | se habla español
What Is the Timeline of a DUI Accident Case in Odessa?
You generally have two years to file for a personal injury lawsuit or wrongful death lawsuit in Texas, per Texas Civil Practice and Remedies Code § 16.003. This is dated from the date of the accident or the date the injured person died.
That means that, regardless of how any criminal case proceeds, you have a time limit to take civil action for damages. As a result, don’t wait to see how the DUI case pans out. Your case is separate, so put us to work now.
Call Loncar Lyon Jenkins for Legal Representation in an Odessa, TX, DUI Car Accident
Any driver who gets behind the wheel of a car or another motor vehicle has a duty of care to uphold. It doesn’t matter if the driver is 16 or 60. Call Loncar Lyon Jenkins today if an underage driver in an Odessa DUI car accident hurt you.
Our lawyers can offer you legal advice during a free consultation and charge no fees unless you win. We only get paid if you win your case. Get in touch with us today for a free, no-obligation consultation.
