Personal injury cases encompass a wide range of incidents where individuals are harmed due to the negligence or wrongful actions of others. Among these, DWI (driving while intoxicated) accident cases hold a unique and grave distinction. A Texas DWI, defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, not only poses significant legal repercussions for the accused but also brings about profound implications for victims seeking justice and compensation.
In Texas, DWI accident cases diverge from other personal injury cases in critical aspects such as liability issues, with the concept of negligence per se applying due to the inherent recklessness of driving while intoxicated, and compensation, where victims may pursue punitive damages in addition to compensatory ones. Talk to a Dallas DWI lawyer for help.
Drunk Drivers Can Face Civil and Criminal Charges
In Texas, as in other states, the distinction between criminal and civil law becomes particularly pronounced in DWI (driving while intoxicated) cases. Criminal charges for a DWI are pursued by the state to penalize the offender for violating the Texas Penal Code, which prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher. Convictions can result in fines, license suspension, and even jail time, serving as a deterrent against future offenses.
Victims of DWI accidents may initiate civil claims for personal injury. These claims seek compensation for damages incurred, such as medical expenses, lost wages, and emotional distress. Unlike criminal cases where guilt must be proven beyond a reasonable doubt, civil cases require demonstrating liability on a preponderance of the evidence, a lower threshold. The civil case is independent of the criminal case, although the criminal proceedings can help support the claim for damages.
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Liability in a DWI Case
DWI cases often involve the concept of negligence per se, where violating a law meant to protect the public, such as the DWI statute, automatically deems the violator negligent. This legal principle simplifies the victim’s burden in proving negligence, as the act of driving while intoxicated itself establishes the driver’s liability for any resulting damages.
The level of intoxication can significantly impact liability in DWI cases. Texas law is clear: driving with a BAC of 0.08% or higher is illegal. However, higher intoxication levels can lead to more severe penalties and may influence the pursuit of punitive damages in civil court, emphasizing the driver’s reckless disregard for safety.
Comparative Fault in Your Personal Injury Case
Comparative negligence applies in Texas personal injury cases where both the plaintiff and defendant share fault. This doctrine adjusts the compensation based on each party’s degree of fault, potentially reducing the victim’s award if they are partially responsible for the incident.
In some car accident cases, victims contributing to a hazardous situation could lead to shared liability. Texas applies a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001, meaning if the victim is more than 50% at fault, they cannot recover damages. When it comes to DWI cases, where the driver’s intoxication is clear, this often leaves little room to blame victims like you.
While these cases can seem less complicated than other personal injury cases, don’t let your guard down. The other party may still try to avoid responsibility or otherwise blame you for the harm that befell you in a drunk driving accident. A DWI accident attorney can help protect and prepare you for these arguments.
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Types of Damages and Compensation for DWI Accident Victims
If you were hurt in a DWI collision, you may be able to seek multiple forms of damages. Each case is different, so it is hard to account for everything. Our care accident attorneys may be able to seek:
Punitive Damages in DWI Cases
These damages are awarded in Texas DWI cases to punish the defendant for particularly reckless behavior and deter similar misconduct in the future. They go beyond compensating the victim, addressing the egregious nature of the defendant’s actions. The amount is determined by the court, considering factors like the defendant’s behavior severity and intent to harm.
Punitive damages are relatively rare in personal injury cases, as they require evidence of gross negligence or malice. In DWI cases, the threshold for punitive damages can be met by the act of driving while significantly intoxicated. However, it’s important to note that Texas law caps the amount of punitive damages.
Economic Damages and Non-Economic Damages
Compensatory damages are intended to make the victim whole again by covering:
- Medical Expenses: These damages cover immediate and ongoing medical treatment resulting from the injury. Some injuries may take months or years to heal, and we intend to get you every penny you need during this time. We can seek damages for surgeries, physical therapies, mental health services, doctor’s visits, medication, and other medical expenses. Drunk drivers can cause catastrophic injuries when they choose to drive while intoxicated, and this could be a significant portion of your losses.
- Lost Income: You can seek compensation for wages lost during recovery and potential future earnings if your capacity to work is affected. Some accident victims may never fully recover from their injuries and can no longer work or work in the same capacity as they did previously. No matter how your income and livelihood were affected, a lawyer will seek as much as they possibly can to help you and your family with these losses.
- Pain and Suffering: Emotional damages create a monetary value to help compensate the victim for their physical discomfort and emotional distress. Pain and suffering and other forms of mental harm are equally as important as tangible losses, so do not let the at-fault party undervalue your claim.
Both DWI and other personal injury cases in Texas allow victims to pursue compensatory damages. The primary goal is to restore the victim’s financial and emotional state to what it was before the accident, although the specifics of the compensation can vary based on the case’s circumstances.
Let a Texas Lawyer Help With Your DWI Personal Injury Case Today
Navigating the complexities of DWI accident cases in Texas requires expert legal guidance to ensure victims receive the justice and compensation they deserve. With the unique challenges DWI accident cases present, having a lawyer with experience on your side can provide peace of mind. For personalized advice and robust representation, call Loncar Lyon Jenkins today to get started on your path to recovery and justice.