DRUNK DRIVING
Houston Drunk Driving Accident Lawyer
Drunk driving is a serious problem in Houston, causing countless injuries and deaths every year. If you were a victim of a drunk driving accident due to slow reaction times, erratic driving, or failure to stop, you may need an auto accident attorney to help you seek compensation from the at fault driver. Our team advocates for your case and works on a contingency basis, which means if you don’t get paid, we don’t get paid.
LEGAL REPRESENTATION
Why Hire an Auto Accident Attorney for Drunk Driving Cases?
After an accident with a drunk driver, you may face many challenges, including high medical bills and permanent injuries. Your car accident lawyer can help you hold the other driver accountable for your accident-related expenses. Attorneys can help you gather evidence, submit paperwork, and negotiate on your behalf after a car accident.
Unfortunately, most auto insurance policies exclude drunk driving from their coverage. This often means drunk driving victims cannot file a claim against the negligent driver’s insurance for compensation. In these cases, you may need to file a lawsuit against the driver to get the compensation you need to recover from the accident. Your auto accident attorney can help you build your case and represent you in court for your drunk driving accident case. In some cases, the drunk driver may not be the only one at fault. Under Texas Dram Shop Laws, you may also be able to hold the bar or restaurant that overserved the drunk driver liable for your injuries.
CIVIL VS CRIMINAL
Civil vs. Criminal Cases in DWI Cases
It’s a common misconception that if a driver is charged with a DWI, your personal injury case will be easy. However, criminal cases and civil cases are legally completely separate. You and your auto accident attorney will still need to do several things to prove fault for your case. The first is to prove that the driver was drunk. The criminal charges and police report can help with this, as can witness information. Showing that the driver was drunk at the time of the accident can help prove that they were negligent.
In Texas, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. If the driver was over this limit, it can be used as evidence of negligence. Your attorney will also need to show that this negligence directly caused your injuries and damages. Even if a criminal case results in a conviction, the civil case requires its own separate proof of liability.
If you’ve been injured by a drunk driver, don’t wait to get legal help. Contact Maida Law Firm today for a free case evaluation.
COMMON QUESTIONS
Drunk Driving Accident FAQs
Yes. If you were injured by a drunk driver, you can file a civil lawsuit against them regardless of any criminal charges they may face. A civil case is separate from the criminal case and allows you to recover compensation for your injuries, medical bills, lost wages, and pain and suffering.
A criminal DUI case is brought by the state to punish the drunk driver with fines, jail time, or probation. A civil personal injury case is filed by the victim to recover compensation for damages and injuries. These cases proceed independently, and you do not need a criminal conviction to win a civil case.
Yes. Texas courts may award punitive damages in drunk driving cases because driving under the influence is considered gross negligence. Punitive damages are designed to punish the at-fault driver and deter similar behavior in the future.
Many auto insurance policies exclude coverage for drunk driving. If the at-fault driver has no insurance or their policy excludes DUI accidents, you may need to file a lawsuit directly against the driver. Your attorney can also explore other options such as dram shop claims against the establishment that served the driver.
Yes, under Texas Dram Shop Laws. If a bar, restaurant, or other establishment overserved the driver to the point of obvious intoxication, they may be held liable for your damages. Our attorneys at Maida Law Firm can help determine if a dram shop claim applies to your case.
Injured by a Drunk Driver?
Our experienced Houston auto accident attorneys are ready to fight for the compensation you deserve. Call us today at (713) 785-9484 for a free case evaluation.