Drinking and driving is a crime.
However, a criminal DUI case is completely different from a civil lawsuit brought against a drunk driver.
In a criminal case, the prosecutor must prove beyond a reasonable doubt that the defendant is guilty of the charges. In a civil case, you and your drunk driving accident lawyer must present a preponderance of the evidence to establish the following elements of negligence:
- Duty: The drunk driver had a duty to drive safely by not getting behind the wheel after having too much alcohol.
- Breach: The driver failed to drive safely (called a breach of duty) and put others at risk.
- Causation: Because the driver chose to drive after drinking, these actions led to your injuries, either directly or indirectly.
- Damages: You have bills and other costs associated with your injuries, and the defendant must be held financially liable for them.
While your lawyer can work with the state’s prosecuting attorney to make use of evidence from the driver’s criminal case, it doesn’t matter if the defendant isn’t convicted of DUI.
You can still move forward with your civil case to seek compensation and hold them accountable for their wrongdoing.
Your lawyer will use police reports, medical records, witness statements, and other evidence to build a powerful case against the at-fault party, even if it includes dram shop operators or others.
Potential Compensation Available After Being Hit by a Drunk Driver
If you have been injured in an accident because you were hit by a drunk driver, you may be entitled to damages. Compensation for your injuries and the financial losses you sustained may include:
- Medical expenses
- Loss of income
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety disorders
- Loss of consortium
- Loss of enjoyment of life
- Loss of future earnings
- Loss of educational opportunities
- Property damage
- Scarring and disfigurement
- Wrongful death
Having a personal injury attorney on hand to represent you can ensure you are awarded the maximum damages possible due to the life-altering damages you sustained because of the impaired driver’s negligence.
Your lawyer will often have a network of other professionals who can provide expert testimony, specialized medical care, financial advice, and accident reconstruction reports to support your claim against the drunk driver.
Filing a Claim With Your Insurance Company
In some cases, your own insurance company is your best bet for settling a claim if an impaired driver has injured you.
Texas is a fault-based state, meaning the at-fault driver is responsible for the damages caused by a wreck.
However, demonstrating they’re to blame can be complicated and requires robust evidence.
If the drunk driver who hit you was underinsured or uninsured, and you carry uninsured or underinsured motorist coverage (UM/UIM, you could instead file a claim with your own insurance company.
The process of determining fault can take time, so you may also be able to use your personal medical insurance to pay your medical bills.
Taking the Intoxicated Driver to Court
Insurance policies often have low limits that may not cover all your economic losses (those with a specific value), or you could have substantial non-economic damages (known as pain and suffering), which most policies don’t cover.
In these instances, going to trial gives you a better chance of securing payment for all your losses.
If you are severely injured, your medical costs alone could exceed all the insurance policy limits.
In Texas, drivers are only required to carry $30,000 in liability insurance1 for bodily injury. By going to trial and asking the court to “make you whole” again, you are asking the judge and jury to consider the full impact of the drunk driver’s negligence on your life.
Additionally, under Texas dram shop laws, the bar that served the drunk driver may also be liable for your accident.
Act Quickly to Meet the Statute of Limitations for Your Drunk Driving Case
Although you may need time to recover from your injuries, you do not have unlimited time to hold the drunk driver accountable. Negotiating your insurance claim may take several weeks, and developing a robust case to take to court may take longer. All states have different statutes of limitation, which are laws requiring you to file your personal injury lawsuit quickly.
Contact us to arrange a free consultation and learn more about how we can help you after you’ve been hit by a drunk driver.
Sources:
- https://www.tdi.texas.gov/pubs/consumer/cb020.html
