Driving drunk is among the most dangerous and frequently committed crimes in the United States. Unfortunately, many people become comfortable driving “buzzed,” where they are technically under the legal limit of .08% blood alcohol concentration. Unfortunately, they can easily segue into driving with a BAC above the legal limit. According to MADD, by the time a drunk driver is arrested, he or she will have driven drunk, on average, over 80 times. This pervading sense of confidence and “it won’t happen to me” attitude encourages risky habits and increases the chances of the driver getting in dangerous—and potentially deadly—accidents. If you were the victim of a Dallas drunk driving accident, you must get an attorney as soon as possible.
At the Benton Accident & Injury Lawyers, our Dallas drunk driving accident attorneys recognize the incredible danger drunk driving poses to other drivers. We understand how devastating these accidents can be for the victims and their families. Our team is devoted to pursuing the victim’s civil suit and working to get our clients any compensation to which they may be entitled. To learn more about how we can help you recover after an accident with a drunk driver, contact us at (214) 777-7777 to schedule a free consultation.
Why You Need a Lawyer for a Dallas Drunk Driving Accident
Though a drunk driver will most likely be brought to criminal court for their actions, this case may not afford you and your family any compensation. Criminal cases are separate from civil cases. In order to recover financial compensation for your injuries and expenses, you will need to bring your claim to civil court, even if the driver is found guilty in criminal court.
To succeed in civil court, you must prove that the driver was negligent. In drunk driving claims, this will generally require you to prove that:
- The driver was intoxicated
- Their intoxication directly caused the accident
- The accident caused you significant injuries and expenses
It can be difficult to prove these elements, especially when recovering from a severe injury. Hire a lawyer rather than try to fight against aggressive insurance agents and lawyers who will try to twist your words and pressure you to settle for less than your claim is worth. A skilled and experienced attorney will conduct a thorough investigation to understand the facts surrounding your case thoroughly. Your attorney will understand the best strategy to prove that your injuries were the fault of another person’s negligence, including which witnesses to depose and which experts to call on at trial. Lawyers have resources not generally available to the public and will be far more likely to recover the compensation you deserve.
Why Choose Benton Accident & Injury Lawyers?
At Benton Accident & Injury Lawyers, we aim to provide compassionate yet aggressive representation so our clients get the best possible results. With millions of dollars recovered for our past clients, the attorneys at Benton Accident & Injury Lawyers have the experience and skills to obtain compensation for those injured due to someone else’s negligence. We have won numerous awards and accolades, including a perfect 10.0 rating on Avvo.
If you or a loved one have been injured in an accident due to someone’s drunk driving, Benton Accident & Injury Lawyers is here to listen to your story. We provide a free consultation to all potential clients so that we can help you to determine whether you have a personal injury case and the best route to take in handling your case. We are available 24/7 and will promptly return all calls and messages.
Benton Accident & Injury Lawyers works on a contingency fee basis. This means that you will owe us nothing unless we recover compensation for you. We will also cover all the upfront costs of your case ourselves.
Dangers of Driving Under the Influence of Alcohol
Contrary to popular belief, the effects of alcohol are a result of the number of drinks an individual consumes in a certain amount of time—not the type of alcohol consumed. Therefore, for example, having three beers over an hour with friends can quickly raise an individual’s BAC to illegal levels. The effects of alcohol on motor skills and mental capacity are numerous and can become severe with excessive alcohol consumption. These effects include:
- Increased reaction time
- Lack of coordination and balance
- Drowsiness
- Inability to focus
- Impaired vision
- Irrational and impulsive decisions
Pairing these symptoms with a heavy, powerful motor vehicle is extremely dangerous. Drunk driving can result in serious injuries, including brain and head trauma, spinal cord injuries, paralysis, broken bones, and even fatality.
Common Drunk Driving Injuries
Injuries from a drunk driving accident can be more severe than those from other accidents. They can result in long-lasting issues and disabilities that stick with the victims for the rest of their lives. Some common injuries associated with accidents caused by a person’s driving under the influence include:
- Injuries to the head and brain trauma
- Spinal cord injuries that can result in partial and full paralysis
- Broken bones, fractures, and dislocations
- Severe cuts, scrapes, and bruises
- Internal bleeding and injuries to organs
- Disfigurement and scarring
Sustaining these injuries can require extensive medical treatment. Such medical treatment can be extremely costly and result in debts that victims of drunk driving accidents cannot pay. An attorney can help you recover the costs associated with your injuries and the high medical bills that accumulate due to treatment.
Furthermore, many drunk driving accidents tragically result in fatal injuries. If your loved one passed away in or due to a drunk driving accident, a lawyer can also help you pursue a wrongful death claim.
Compensation Available in Dallas Drunk Driving Accidents
There are many types of compensation that you may be entitled to when you are injured in a drunk driving accident. The compensation you obtain is meant to help you get back to your life before the accident. Compensation can include:
- Current and future medical expenses
- Lost wages
- Property damage
- Loss of future earning capacity when you are unable to work and unable to be employed in the future due to disability
- Disability expenses
- Rehabilitative expenses
- Pain, suffering, and mental anguish
When you are the surviving spouse, child, or parent of a person who a drunk driver killed, you may be entitled to damages as a result of their wrongful death. In a wrongful death claim, you may be entitled to the following types of recovery:
- Medical expenses leading up to their death
- Funeral and burial expenses
- Mental or emotional pain and suffering
- Loss of care, services, and financial support that the deceased would have provided to the family
- Loss of love and companionship
- Loss of inheritance
Lastly, punitive damages may be available in your claim. The purpose of punitive damages is to punish the wrongdoer for particularly egregious behavior and discourage similar behavior in the future. Punitive damages generally aren’t available in most personal injury lawsuits and are reserved instead for cases where gross negligence occurred. Because drunk driving is so dangerous and grossly negligent or reckless, punitive damages are more likely to be awarded in a drunk driving accident case.
How Long Do I Have to File a Claim?
Every state has a statute of limitations when filing a personal injury claim. This limits the amount of time you have to file your claim. The statute of limitations for drunk driving accidents in Texas is two years. This means that you have two years from your accident or two years from your loved one’s death to file a compensation claim.
While two years may seem like ample time, speaking with an attorney and starting your claim as soon as possible is essential. As more time passes, conducting an investigation, interviewing witnesses, or proving your injuries may become more challenging. Crucial evidence may disappear, so do not hesitate to contact a lawyer.
Contact a Dallas Drunk Driving Accident Attorney
Our legal team at Benton Accident & Injury Lawyers understands that the after-effects of a devastating accident can take an enormous toll—physical, emotional, and financial—on the injured party and his or her family. If you or a loved one has been a victim of a drunk driving accident, know that you may be entitled to compensation as well as justice for any injury or wrongful death that may have occurred. Call our Dallas offices at (214) 777-7777 and schedule a consultation to discuss your potential case and explore your legal options.