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February 25, 2024 by Greg Baumgartner
Being involved in a car accident is traumatic, but it can be even more devastating when a drunk driver hits you. Not only do you have to deal with the physical and emotional aftermath of the accident, but you may also be left with financial burdens like medical bills and lost wages. Yes, you can sue someone who hit you while drunk. I got hit by a drunk driver: what am I entitled to? Contact the drunk driving accident lawyer at Baumgartner Law Firm for help. Here are the steps you can take to seek justice.
Before we get into the legal aspects of suing someone who hit you while drunk, it’s important to understand what a DUI accident is. DUI stands for “driving under the influence” and refers to operating a vehicle while impaired by alcohol or drugs.
In Texas, the legal limit for blood alcohol concentration (BAC) is 0.08%. The legal limit in Texas means that if a driver’s BAC is at or above this level, they are considered legally intoxicated and can be charged with a DUI.
DUI accidents occur when a driver who is under the influence of alcohol causes a car accident. DWI / DUI accidents can result in serious injuries or even death, as impaired drivers are more likely to engage in reckless or negligent behavior on the road. If drunk drivers have hurt you, contact the DWI injury law firm in Houston, TX, for help with your case.
Drunk driving cases often involve complex legal proceedings and significant financial implications making it vital to understand your rights and options.
If a drunk driver hits you, you may be wondering what legal consequences they will face. The penalties for a DUI accident vary depending on the state and the accident’s severity, but they can include fines, license suspension, and even jail time. In addition, the at-fault driver may also face a civil lawsuit from the victim of the accident. In addition to facing criminal charges, the drunk driver’s insurance company may be responsible for compensating the victim for damages.
Also, with drunk driving lawsuits, punitive damages are almost always sought.
The short answer is yes, you can sue someone who hit you while drunk. It is often recommended that victims of DUI accidents pursue legal action to seek justice and receive compensation for their damages.
The amount of compensation you can receive depends on the severity of your injuries, the economic damages, the strength of your case, and the insurance available to pay the claims. Can I sue for damages?
The short answer is yes, you can sue someone who hit you while drunk. It is often recommended that victims of DUI accidents pursue legal action to seek justice and receive compensation for their damages.
Two types of cases can be filed after a DUI accident: a criminal charge and a civil lawsuit.
A criminal charge is brought by the state and is meant to punish the drunk driver for breaking the law. The penalties for a criminal DUI conviction can include fines, jail time, and license suspension.
On the other hand, a civil lawsuit is brought by the accident’s victim and is meant to seek compensation for damages. Damages can be economic and include medical bills, lost wages, or non-economic, including pain and suffering and other damages recognized in Texas. Personal injury cases arising from DUI accidents often require specialized legal representation to ensure fair compensation for the victim.
To successfully sue someone who hit you while drunk, you will need to prove that the driver was negligent. It is not enough that the driver was drunk. They had to cause the crash. Causing the wreck means they failed to exercise reasonable care while operating a vehicle, resulting in the accident and your injuries. The average settlement in drunk driving cases can vary widely based on factors such as the severity of injuries and the extent of the driver’s negligence.
To prove negligence, you must provide evidence such as police reports, witness statements, and medical records. An experienced personal injury attorney can help you gather and present this evidence.
Here is information about hiring a drunk driving accident lawyer.
If a drunk driver has hit you, you may be wondering what steps you can take to seek justice and receive compensation for your damages. While there isn’t a standard average settlement due to the unique circumstances of each case, understanding potential compensation can help you make informed decisions. Here are some important things to keep in mind:
The first and most important step is to seek medical attention for any injuries you sustained in the accident. Even if you feel fine, getting checked out by a doctor is important, as some injuries may not be immediately apparent. Not only is this important for your health, but it will also provide documentation of your injuries for your lawsuit.
It’s important to contact the police after a DUI accident, even if the other driver tries to convince you not to. The police will create a report of the accident, which can be used as evidence in your case. They will also conduct a sobriety test on the driver and may arrest if they are found to be over the legal limit.
Drunk driving accidents often require substantial evidence to prove negligence in a civil lawsuit. Be sure to gather as much evidence as possible, including police reports, witness statements, and any photos or videos of the accident scene. Evidence will help strengthen your case and increase your chances of receiving compensation.
Read More: Calculating a DUI / DWI Accident Settlements: A Comprehensive Guide
When a drunk driver causes an accident, the victim may be entitled to various types of damages. The damages are divided into three main categories: economic, non-economic, and punitive. Economic damages are financial losses like medical bills, lost wages, and property damages. Non-economic damages are human losses like pain and suffering, disability, and loss of enjoyment of life. Finally, punitive damages are a form of punishment aimed at deterring bad actions and sending a message to the community.
Contact the personal injury attorney at Baumgartner Law Firm for help with your claims against a drunk driver. Dealing with insurance companies after a drunk driver hits you is not fun or fair. Get help from an expert DWI injury lawyer.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Houston Dram Shop Liability Lawyers
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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