Are seeking justice after an encounter with a drunk driver? A first-time DWI in Texas is a Class B misdemeanor if there are no aggravating circumstances, and a conviction can carry up to 180 days in jail and/or a fine of up to $2,000. While the drunk driver will face criminal charges, you can still pursue civil action for your damages.
Compensation from a DUI/DWI crash is determined by the different offenses of the accident, such as it leading to injury, resulting in wrongful death, causing property damage, or being a hit-and-run. If you are a victim, our Austin drunk driving car accident attorneys at Buzbee Law Firm can help you take legal action.
Settlement Awarded for a DWI Car Accident Case
Each car accident case has different scenarios that impact the amount offered by insurance companies. The role of your personal injury attorney is to negotiate an amount that pays as close to the worth of your losses as possible.
The following factors affect how valuable your case is:
- Current and future medical expenses
- Bills for hospitals, doctors, and other healthcare providers
- Prescription medications
- Cost of physical rehabilitation or therapy
- Cost of modifying your home to be handicap accessible
- Necessary medical equipment
- Lost profits, lost earning potential, and missed business opportunities
- Vehicles that are rented or replaced
- Suffering and distress
- Mental distress
- PTSD, depression, and other mental disorders
- A lack of enjoyment in life
- Emotional distress
- Deformity and scarring
- Loss of group support
- Physical impairment
Texas does not have a predetermined formula or standard procedure for calculating pain and suffering damages, but punitive damages may be awarded in case of egregious negligence.
For a free legal consultation with a drunk driving car accidents lawyer serving Austin, call 844-349-9196
Types of Car Accident Injuries
Texas recorded 872 traffic accidents involving DUI and alcohol during spring break in 2017. In these collisions, 30 people died and 107 people suffered serious injuries. This number has since increased, prompting the Texas Department of Transportation (TxDOT) to conduct a Drive Sober, No Regrets campaign.
Common accident injuries reported by TxDOT include:
Back & Spine
Loss of function and sensation in the body can result from damage to the spinal cord, which can permanently disrupt the impulses between the brain and body. Even less severe back injuries, such as herniated discs, can cause excruciating agony and frequently persistent suffering that lasts a lifetime.
One of the most well-known effects of auto accidents is whiplash. It refers to injuries to the ligaments and muscles of the neck caused by a quick whipping motion of the head and neck. Whiplash normally doesn’t last forever, although it can hurt and be temporarily incapacitating.
There is a limit to how much strain bones can bear before breaking. In collisions, bone fractures are frequently sustained when the limbs or the head collide with inside objects. Chest and pelvic bones can shatter even from the impact of the seatbelt. Casts, rest, and absences from work may all be necessary for broken bones.
Head and Brain Injuries
Traumatic brain injuries can result from hitting the head against the steering wheel, windows, or other passengers. Minor concussions to severe trauma and irreversible brain damage are all possible types of brain injuries. Skull fractures, concussions, and swelling or bleeding in the brain are all potential outcomes of a car collision.
As a victim experiencing a collision with a drunk driver, you know firsthand that other
repercussions can cause a lot of pain and suffering. We believe that you deserve peace. A DWI car accident lawyer in Austin can help you explore all legal actions to regain normalcy.
Austin Drunk Driving Car Accident Lawyer Near Me 844-349-9196
Legal Process of Filing a Claim Against a Drunk Driver
Even if the offender is found guilty of DUI, you can still sue them in an Austin civil court for the losses you sustained as a result of their reckless acts. It’s important to hire a skillful DUI car accident attorney to increase your chances of a fair settlement package.
To submit a DUI compensation claim, you must follow certain procedures:
- Call an attorney: If you attempt to make a claim on your own, you run the risk of not receiving the money you are due.
- Investigation: Your lawyer will probably need to conduct a detailed case investigation and gather evidence.
- Negotiation: Your lawyer will work with the opposing party’s insurance company to settle your case when all the evidence has been gathered and your lawyer has established a fair case value.
Filing a Wrongful Death Claim from a Drunk Driving Accident
Some injuries are short-term and others require ongoing treatment, but drunk driving fatalities are the most devastating to move forward from. The loss affects your life in insurmountable ways and even though money won’t undo the harm, it can help you financially recover from:
- Funeral costs
- Burial expenses
- The decedent’s medical bills
- Loss of companionship and financial support
Filing a wrongful death claim if a loved one perished in the accident can be painful. You need a compassionate legal team that is capable of helping you through the process. An Austin drunk driving car accident attorney can advise you of the types of damages available in your case.
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Alcohol’s Affect on Driving Ability
A driver violates the law if they drive while having an excessive amount of alcohol in their system. The blood alcohol concentration (BAC) test determines how much alcohol is in the body. Every state considers it illegal to drive drunk but legal BAC levels vary by jurisdiction.
According to TxDOT, a driver is considered legally drunk if their BAC is .08% or above, yet they may still be charged with DWI even with a lower BAC.
According to the National Highway Traffic Safety Administration (NHTSA), drinking can impair one’s ability to drive safely in the following ways:
- Distorts vision
- Makes multitasking a challenge
- Delays reaction time
- Affects coordination
- Impairs your ability to control your car’s speed
- Triggers short-term memory loss
- Causes the inability to focus
When Should I Hire a DUI Accident Attorney?
The optimum time to retain legal counsel is before communicating with the insurance providers. For attentive and tenacious legal guidance, contact us. When people like you are hurt in vehicle accidents or lose a loved one due to recklessness, we uphold the highest standard of care.
You can obtain the compensation you are entitled to with Buzbee Law Firm’s drunk driving accident attorneys in Austin. Make an appointment for a free consultation to get started on the path to a full recovery with a legal team that is concerned about your wellbeing and financial security during this traumatic time.