Drunk Driving Accidents
According to the Center for Disease Control and Prevention, over 1.4 million drivers got arrested for DUIs in 2010. The CDC further estimates that up to 30 people sustain fatal injuries daily from crashes involving drunk drivers. In Texas alone there were 13,138 fatalities. In addition, MADD reports that injuries from drunk driving take place every 90 seconds. Although some people reform after a DUI conviction, many do not. Another report by MADD shows that one third of drivers arrested for DWIs are repeat offenders with more than half of those convicted continuing to drive even despite the suspension of their licenses.
If you have sustained injuries or a loved one has died from a crash involving a drunk driver we can help you get fair compensation your injuries. Contact our law office today for a free, no obligation consultation. The call is free, but the help you receive could change your life.
Wrongful Death Claims and DUI
If you have lost a loved one due to the negligence of a drunk driver, an attorney experienced in drunk driving accidents can help you sue for wrongful death. A wrongful death lawsuit against the negligent driver or their insurance company is aimed at ensuring that the survivors of the deceased receive some financial stability. Wrongful death claims are variations on standard personal injury negligence claims and family members can often claim damages such as loss of companionship, loss of enjoyment of life, medical expenses, and funeral expenses. In some cases, our firm can help you get punitive damages to punish the accused and deter other drivers from drunk driving.
Determining Fault
In legal terms, fault implies a person is liable for harming another through negligence. The at-fault party is usually liable for compensating the victim for damages. However, there are times when the fault is shared. This is where two or more parties were partly to blame as was the other party for the accident or injury. In scenarios of shared fault, every state applies one of two rules: contributory or comparative negligence. Texas works on a modified comparative negligence system.
Long Term Medical Care
If a drunk driver is liable for injuries requiring long term medical care, an attorney will help claim damages that include associated medical costs. In many cases, the insurance company may only compensate you for the severe injuries, and may neglect to provide assistance with the costs of long term medical care or disability.
Dram Shop Laws
In Texas, there are dram shop laws meant to hold businesses accountable for serving alcohol to obviously drunk and intoxicated patrons. If a drunk driver is involved in an accident after drinking in a bar, restaurant, or strip club, we can sometimes help you obtain compensation if it can be determined that these establishments were negligent in their duty to follow dram shop law.
If you are involved in an accident and sustain injuries caused by a drunk driver, our investigators will gather all of the necessary evidence to strengthen your claim. We will use facts from the report by law enforcement agencies, and other information obtained by independent investigators to ensure your rights are upheld, and that you are fairly compensated for any loss. Our goal is to see that the reckless driver is brought to justice for causing your injuries or property damage, and that you get the highest compensation possible. Call our law office today and speak to an attorney for a free, no obligation consultation about your DUI related accident.
Frequently Asked Questions About Drunk Driving Accidents
What is considered drunk driving?
Drunk driving, also known as driving under the influence (DUI), occurs when a person operates a vehicle with a blood alcohol concentration (BAC) that exceeds the legal limit set by state law. In most states, the legal BAC limit is 0.08% for drivers aged 21 and over.
What should I do if I’m involved in a drunk driving accident?
If you’re involved in a drunk driving accident, ensure that everyone is safe and call emergency services immediately. Gather evidence such as photos and witness statements, and exchange contact and insurance information with other drivers involved. It’s also crucial to contact a lawyer with experience in DUI cases.
What are the legal consequences of drunk driving?
The consequences of drunk driving can include fines, license suspension, mandatory alcohol education programs, increased insurance rates, and even jail time, especially if the accident caused injury or death.
How can I report a suspected drunk driver?
If you witness someone driving erratically and suspect they may be under the influence, safely pull over and call 911 to report it. Provide the vehicle’s make, model, license plate number, and location to the authorities.
What compensation might be available if I’m injured in a drunk driving accident?
Victims of drunk driving accidents may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering. Consult with a personal injury attorney to explore your legal options.
Can a bar or restaurant be held liable for serving alcohol to a drunk driver?
Under “dram shop” laws, bars and restaurants can sometimes be held liable if they serve alcohol to an obviously intoxicated person who then drives and causes an accident. The specifics of these laws vary by state.
How can I prevent drunk driving?
Preventing drunk driving involves responsible behavior such as planning ahead for transportation, using ride-sharing services, and having a designated driver if you plan to drink. Spread awareness about the dangers of drunk driving within your community.
How does a DUI conviction impact my driving record?
A DUI conviction typically results in points being added to your driving record, which can lead to higher insurance premiums and potential license suspension. The conviction can remain on your record for several years, depending on state laws.
Are there alternatives to facing trial for a DUI charge?
Depending on the circumstances and state laws, alternatives such as plea agreements, diversion programs, or alcohol education courses may be available. An experienced DUI attorney can provide guidance on the best course of action.
What are field sobriety tests, and are they mandatory?
Field sobriety tests are roadside tests conducted by police officers to assess a driver’s impairment level. While you have the right to refuse these tests, doing so may have legal consequences, including arrest based on probable cause.
Why You Need an Attorney Because of a Drunk Driving Accident?
At the law offices of David S Kohm, we focus a great deal of our legal practice on personal injury here in the DFW area. Our Arlington & DFW drunk driving accident attorneys will make sure that you receive the maximum amount of time and attention necessary to recover the optimal judgment you deserve from such a heinous act.
In alcohol related car accident cases, our team of investigators are meticulous in gathering all the facts pertinent to your case. With most any drunk-driving accidents, the defendant will face criminal charges for DWI or DUI. Facts gathered by local law enforcement and the District Attorney help us to enforce our position as we seek monetary damages for your personal injury including medical bills, pain and suffering, and lost wages.
Our number one goal in working on behalf of our clients is to make sure that justice is served. We strive to make sure that the negligent driver will be held accountable for their reckless and illegal actions. You need to get the most compensation possible for your medical bills, lost wages, pain and suffering, and other expenditures you incur. Our Arlington & DFW drunk driving accident attorneys are here to help you make your settlement a reality and ensure that this drunk driver does not return to the streets anytime soon.
Additionally, you may also be entitled to further compensation in the form of punitive damages. Punitive damages are awarded to you in order to punish the defendant for outrageous misconduct reminding them that any future mistake like this will not be tolerated.
Our Dallas & Fort Worth car accident attorneys know that your needs have to be taken care of with the utmost care and discretion and we believe that an essential part of our services is the ability to listen and act on your behalf just like we would if you were our immediate family.
Auto Accident Assistance
- Recover property damage
- Recover lost wages
- Recover car repair expenses
- Rental car assistance
If you cannot come to us, we will come to your home or hospital to make this traumatic experience as easy to get through as possible.
Contact us online or call the Arlington & DFW drunk driving accident attorneys at the Law Offices of David S Kohm for a free initial consultation.
Se habla ingles y español. Llame hoy a las officinas de David S Kohm, Arlington y DFW abogados de accidentes con experiencia.
