Drunk driving accidents are very harmful and ruin the life of a victim due to the negligence of someone else. Victims have to suffer from severe injuries, emotional distress, and financial hardships as well. Due to the prevalence of drunk driving in Houston, Texas, there is an immediate need for awareness, accountability, and legal action that can protect the victims and hold the offenders responsible.
If a drunk driver has injured you or someone close to you, you must understand the rights and learn about what legal actions can be taken. This is where a seasoned Houston drunk driving accident lawyer can greatly assist you, help you navigate any legal complexity, or seek compensation for what you have lost.
This blog covers everything that you need to know to handle a drunk driving accident case. Whether it is knowing the importance of an experienced lawyer, tips on gathering evidence, how to file claims, and estimating compensation, everything is going to be here in this post to take the right steps after an unfortunate accident.
Understanding Drunk Driving Laws in Houston, Texas
Houston, Texas, seriously treats the offence of drunk driving by implementing strict laws checking on reckless driving, which becomes a threat to other individuals. Driving while intoxicated, also known as DWI or DUI, refers to operating a vehicle with a blood alcohol concentration level higher than that considered legal.
For persons above 21 years, the BAC limit is 0.08%. Commercial drivers are, however, limited at 0.04%. Zero-tolerance is what Texas has for minors. Thus, even traceable alcohol may lead to very stringent penalties.
- Critical Legal: Penalties for Drunk Drivers -Convictions for drunk driving attract severe consequences in Houston. Some of them include;
- First Offense: Offenders face fines of up to $2,000, prison time for 180 days, and a one-year suspended license. These punishments are there to discourage first-time offenders from repeating their errors while highlighting public safety.
- Second Offense: Fines are set at $4,000 and can advance to jail time of one year, and a license suspension of two years. Habitual offenders must be dealt strictly through repeated offences.
- Third Offense: A fine of up to $10,000 might be imposed, prison sentence for two to ten years, and have their license permanently revoked. Chronic offenders receive intense punishment. These laws ensure that drunk driving offences are taken seriously and provide a basis from which victims may hold perpetrators accountable in civil actions. Legal penalties for drunk driving often bring up the specter of insurance. Learn how coverage might differ in these cases by reading about the distinctions between regular insurance and racing insurance.
Common Injuries in Drunk Driving Crashes
Common injuries in drunk driving crashes may be due to reckless driving by the driver who has been poisoned by liquor. These can be physical, leading to pain for quite some time, or may also have a psychological impact, causing emotional, financial, and professional problems for victims for many years to come.
The severity of crashes is often compounded by excessive speed and poor judgment. Some of the most common injuries identified are listed below:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Broken Bones
- Internal Injuries( like the damage of vital organs, bleeding within internal cavities, and rupture of organs)
- Psychological Trauma
Discussing injuries that result from drunk driving accidents is crucial. However, the best thing would be to work on preventing them. Understanding safety tips for avoiding pedestrian accidents can help reduce risks for drivers and pedestrians on the road to a great extent.
The 5 Best Drunk Driving Accident Lawyers to Hire in Houston
If you are an individual who has experienced a drunk driving accident in Houston, then you understand how overwhelming that experience can be. Dealing with the injuries, the insurance claims and legal battles can add a lot of pressure in trying to recover from the injuries suffered.
But all this hassle and suffering can go away as soon as a proper lawyer comes in. If you had a hard time during your past experience and want to be prepared for the future, there are some experienced attorneys in Houston who specialize in drunk driving accident cases and can fight for your rights.
So here in this section, we’ve compiled the five best driving accident lawyers in the city who could get you your compensation. Let’s jump in and find out who they are and how they can assist you at a moment like this.
1. Simmons and Fletcher, P.C.
Simmons and Fletcher, P.C. is one of the most popular law firm located in Houston with substantial experience in lawsuits of personal injury, including those resulting from drunk driving. The firm offers to find out the cause of action on behalf of the drunk driving accident victim and make sure their client get the compensations they deserve.
They have been fighting for accident victims since 1979 and are adept at handling complex cases with the sensitivity and professionalism necessary. Their team offers a free consultation so you can get expert advice on how to proceed with your case.
- Contact Number: (713) 903-8470, (713) 935-1410
- Address: Simmons and Fletcher, P.C. 9821 Katy Fwy #925 Houston, TX 77024
2. Baumgartner Law Firm
Another top choice you can go to after a drunk driving accident to seek legal help in Houston, would be Baumgartner Law Firm. This company has a focus primarily on accident and injury law and is available 24/7 to support its clients with issues related to intoxicated accidents.
The firm is committed towards accessibility, and they offer complimentary consultations to begin. You will not be required to pay them anything for their services upfront; they only collect their fees if they win your case. This means you will get expert legal help without worrying about an upfront commitment of funds.
- Contact Number: (281) 587-1111
- Address: 6711 Cypress Creek Pkwy, Houston, TX 77069.
3. Terry Bryant Accident & Injury Law
It is another great option for any victim of a drunk driving accident in Houston. Terry Bryant has over 22 years of experience in the field and is board-certified in personal injury trial law, which he attained through his extensive knowledge of the legal system.
This certification and his time as a Municipal Judge in Spring Valley Village, Texas, make him stand out from many other attorneys. He and his team are committed to offering full-service legal representation, from investigation to negotiation with insurance companies, so that victims can receive the highest compensation.
They provide a free, no-obligation consultation to help you understand your legal options.
- Contact Number: 832-324-2063
- Address: 8584 Katy Freeway Suite 100, Houston, TX 77024.
4. Smith and Hassler
Smith and Hassler is another trusted source for those looking for an attorney to represent them in court following a drunk driving accident in Houston. For over 30 years, the attorneys have experience with Texas law and intoxicated drivers. They provide aggressive legal support in representing clients and ensuring justice and fair compensation for their clients.
Whether you are still determining your rights or require expert advice, Smith and Hassler are here to help.
- Contact Number: (877) 707-2411 (Toll-Free), (713) 940-6294 (Local)
- Address: 1225 N Loop W #525, Houston, TX 77008.
5. Attorney Brian White Personal Injury Lawyers
For drunk driving injuries in Bayou City, you can come to Attorney Brian White’s Personal Injury Lawyers, who put their sole efforts towards dealing with matters of personal injury law with absolute care in defending you against accidents caused by drunken persons.
Initially, free consultations for evaluating your cases are given. During your first consultancy session, they discuss how your case came up and give you necessary legal guidelines about your issues without paying even a dime.
The firm is dedicated to assisting you in obtaining the compensation you deserve for your injuries.
- Contact Number: (713) 352-7131, (713) 364-1466.
- Address: 3120 Southwest Freeway, Suite 350, Houston, TX 77098
Who Can Be Liable For DWI Accidents?
The other situation is where a drunk driving accident implies needing to determine liability between the parties involved to ensure proper compensation to the victim. Ordinarily, the drunk driver would be liable, but there are times when others might bear liability, depending on the circumstances leading to the accident.
Knowing who could be liable assists victims in streamlining the legal process as they pursue all possible avenues to help them receive the compensation they deserve.
The Drunken Driver
The drunken driver is the primary culprit in the accident, as their senses to make judgments, which led to the crash, is severely impaired. Driving under the influence of alcohol or drugs impairs the person’s ability to think correctly, react timeously, and estimate distances, all of which significantly increase the chances of a crash.
Legally, the drunk driver may be held liable for damages, injury, or emotional suffering from an accident. Beyond criminal conviction of driving while intoxicated (DWI), such a driver may also face civil actions by the victim of the accident to collect damages related to medical care, lost wages, pain and suffering.
Bars and Restaurants (Dram Shop Liability)
Texas law also contains the Dram Shop Act, where victims of drunk driving accidents are enabled to place responsibility on the bars, restaurants, or even any other type of business that serves an intoxicated person alcohol. Suppose the establishment continues to provide alcohol to someone known to be already drunk, and that person later causes an accident. In that case, the business can be held partially responsible for damages.
This law is aimed at forcing bars and restaurants to act responsibly when serving alcohol, avoiding over-serving customers who, in turn, may endanger other road users. Claimants may be allowed to seek recovery against these business entities and the driver, exponentially increasing the potential award.
Employers
In certain situations, an employer may share liability if the drunk driver was working within the scope of his employment at the time of the accident. So, if the drunk driver were driving the company vehicle or were on the clock when he got into this accident, the employer would be partly responsible for damages.
This is called vicarious liability, where an employer can be held accountable for the actions of their employees if those actions were taken while performing their job duties. An employer will be liable if they have enforced safety policies, making sure that the worker is fit to drive, primarily when he or she is representing the company or using company resources. This additional layer of liability may give victims an avenue for further compensation.
Car Owners
A car owner who knowingly allows an intoxicated individual to drive his or her car can also be liable for the resultant accident. This would arise based on the risk of causing foreseeable harm. Vehicle owners must ensure that their vehicles are not being driven by an incapacitated person or not fit to drive.
The rule also applies where the owner fails to exercise reasonable precautions to prevent it. In cases where the owner’s actions contributed to the accident, they may share responsibilities for damages caused by the drunk driver.
What Is The Role of a Houston Drunk Driving Accident Lawyer?
It is not at all easy to tread that justice and compensation avenue after a drunk driving accident. This is where the services of a drunk driving accident lawyer in Houston become important. These experts guide victims through the law maze to ensure they obtain the best results possible. From gathering evidence to negotiating with insurance companies, a skilled lawyer plays a vital role in recovery.
Seeking Compensation for Your Losses
The very purpose of hiring a Houston drunk driving accident attorney is to get fair recovery of compensable losses, and that begins with an evaluation of the aftermath: medical costs, lost wages, pain and suffering, and all future medical requirements.
The lawyer will help determine the amount of compensation to be pursued by evaluating the financial and emotional toll that the accident has caused. This ensures that, while assessing the physical, economic, and emotional cases are compensated completely.
Filing a Personal Injury Lawsuit
Personal injury litigation can be the most viable way of seeking damages in case there is an accident caused by a drunk driver. A personal injury lawyer will take up the task of filing the lawsuit and handling all the legal process matters involved.
This includes the collection of compelling evidence, like accident reports, a patient’s or witness’s statements, and so forth, demonstrating negligence by the driver. Lawyers also maintain the communication process with insurance companies and other parties to negotiate. They try to ensure victims receive the highest compensation possible by having a healthy case.
Processing Insurance Claim
Insurance companies love to play games that minimize payouts or deny coverage at all costs, especially in drunk driving accidents. A Houston drunk driving accident lawyer is a potent force for victims dealing with insurance companies.
They negotiate directly with the insurer to ensure the victims get a fair settlement offer, not those mentioned as lowball offers or outright denials. With this knowledge of insurance laws and tactics, the lawyer can make a playing field as level as possible, ensuring the victim’s interest is well represented and protected.
Most accidents involving different types of vehicles call for particular legal expertise. For example, knowing what a motorcycle accident lawyer does can be essential if the accident involves motorcycles because such cases are usually challenging and require consideration of certain factors.
Identify Liable Parties
Sometimes, incidents of drunk driving can include multiple parties responsible for liability. A reasonable attorney investigates the accident’s circumstances to determine if other parties that could be held liable exist, such as a bar or restaurant under the Dram Shop Act or even an employer.
By identifying all potentially liable parties, the lawyer ensures that the victim is offered the highest possibility of obtaining maximum compensation. This investigation has a significant probability of making it possible to not only hold the intoxicated driver liable but also other responsible parties.
What Damages Can a Houston Drunk Driving Accident Attorney Help You Recover?
Victims of drunk driving accidents often suffer from severe hardships. A Houston drunk driving accident lawyer aids the victims to recover what is legally owed to them, and that can bring relief in terms of costs and justice for the inflicted harm.
Medical Expenses
Medical expense benefits include all medical care, including surgical procedures, emergency room services, hospital stays, and prescription drugs. It also covers long-term needs, such as physical therapy, rehabilitation, and other assistive devices required for recovery. If there is a necessity for future treatments, such provisions should also be accounted for so that all of the victim’s medical expenses are paid for.
Lost Wages
When injuries make it impossible for victims to work, they may lose wages while recovering. Compensation for lost wages includes time lost from work immediately after the accident and future earnings in more severe cases if permanent disability results from the injury. A lawyer can assist in calculating these damages concerning the victim’s current wages and work history.
Pain and Suffering
Pain and suffering damages are concerned with the psychological and physical impact that a victim suffers due to an accident. This means chronic pain, mental health disorders such as PTSD or depression, and loss of enjoyment of life. The length and severity of the victim’s suffering are considered, and a lawyer ensures these non-economic damages are appropriately documented and compensated.
Punitive Damages
Punitive damages are awarded for more overtly reckless acts of the drunk driver. These damages go beyond simply compensating the victim, punishing the offending driver, and deterring him or others in the future from committing dangerous acts. A lawyer seeks punitive damages when a person acts grossly negligently, for example, driving under the influence.
Steps to Take After You Get in a Drunk Driving Accident
Such an accident can turn around the life of a victim in one second, along with causing him physical harm, mental shock, and piling financial pressures. After such accidents, the majority of accident victims would always ask about the legal aspects of what happens next or how they will get just compensation. An experienced drunk driving accident attorney in Houston could be that critical friend who may help to regain lost grounds as well as help them fight for rightful accountability.
Navigating the legal system after a drunk driving accident is overwhelming, especially trying to heal and rebuild from the experience. From evidence gathering to negotiating with insurance companies, the process is so full of challenges. Right here is where having a proper legal expert by your side ensures that your rights are protected and increases chances of getting fair compensation. Let’s discuss the steps one should take after a drunk driving accident that can help protect health as well as strengthen a case.
Seek Medical Attention
Your health is the priority, even if you may not initially feel injured. For instance, internal bleeding or whiplash injuries might not be noticeable immediately; however, if a doctor sees you, this can prevent future complications. Medical records from your doctor help prove the nature of your injuries in an insurance claim or a lawsuit.
Contact Law Enforcement
Always report the accident to the police. A police report is critical to your case because it is an unbiased, official account of what happened. They will take pictures and documentation of the scene, obtain statements from witnesses, and test the suspected drunk driver for impairment, all of which may bolster your claim or case in court.
Document the Scene
Take clear shots of the accident site, vehicle damage, and visible injuries. Such evidence will come in handy during litigation whenever the other party disputes the facts. Also, get contact information from the witnesses since their statements can validate your version of the accident.
Do Not Admit Guilt
Do not admit fault or make statements that could be viewed as an admission of responsibility. Even if you believe you might have contributed to the accident, do not say anything that could hurt your case. Stick to the facts and let law enforcement and your lawyer handle the legal details.
Consult a Lawyer
You must seek a knowledgeable drunk driving accident attorney as soon as possible. They will uphold your rights, handle the insurance processes, and lead you on legal matters related to your case. A lawyer will also ensure you claim fair compensation for your medical cost, lost wages, and emotional distress.
Similar to drunk driving accidents, truck accidents can also result in fatal outcomes. If you have been a truck accident victim, knowing how to file truck accident claims may become a matter of utmost importance for you to get the rightful compensation.
How to Find the Right Lawyer to Represent You?
Choosing the right lawyer can make all the difference in the outcome of your drunk driving accident case. You want someone with the best expertise, experience, and approach to handling your case. Here are the critical steps toward making an informed choice:
Learn Local Firms
Begin by searching for attorneys specializing in personal injury cases related to drunk driving in Houston. Take help of the internet and find top reated lawyers in your area. Explore their websites, seek previous client’s feedback and reviews to evaluate their experience, win to lose ratio, areas of specialization, and how well they have handled similar cases.
Thorough research will lead you to find a lawyer who is an expert in dealing with DUI cases successfully and has a track record of positive outcomes.
Verify Credentials
Before employing any lawyer, it is crucial to affirm that the attorney is licensed and has a clean record in the Texas Bar Association. A licensed lawyer shall have passed the necessary tests and followed the standard ethics of the profession. You can check their credentials through the Texas State Bar to affirm that there are no disciplinary actions or complaints against them.
Seek Appointments
Most law firms provide free initial consultations, enabling you to meet the lawyer directly and discuss your case. Use this meeting to weigh their expertise, ask how many drunk driving cases they have handled, and get a feel for their approach. This consultation also allows you to discuss outcomes and how they plan to handle your case. It is time to determine if you like their style and approach.
Discuss Fees
Discuss your lawyer’s fee structure ahead of time. You can find attorneys who operate on a contingency fee basis, meaning you will pay no fees unless they win your case. This arrangement ensures that your attorney’s interest is in winning while making legal representation more affordable. You won’t have to worry about paying medical bills and other expenses from the accident.
Evaluate Communication Style
An excellent attorney will respond to you, keep you abreast of the process, and be transparent enough to address your questions. Please pay attention to how they communicate with you during your first consultations. It makes your stressful legal journey much more tolerable if a lawyer is transparent about the process, keeps you regularly apprised, and explains what’s happening in simple terms.
Related FAQ’s
What happens if you crash while drunk driving?
Being involved in a drunk driving accident can result in DUI charges, heavy fines, imprisonment, and loss of your license to drive. In addition, you can be sued for injuries or property damage resulting from the accident. Such consequences can seriously affect your wallet, liberty, and reputation.
How can I find a drunk driving accident lawyer near me?
Search online for local personal injury lawyers specializing in drunk driving cases. Seek attorneys with good reviews, previous successful cases, and experience with similar claims. Many will offer free consultations to discuss your case and options.
In conclusion, getting justice for a drunk driving accident is one challenging ride, but the right attorney can help you obtain the compensation and closure one deserves. Do not go through this battle alone—contact a reputable Houston drunk driving accident lawyer to take the first step toward reclaiming your life.