Being involved in a car accident is traumatic, but it can be even more devastating when the other driver is under the influence of alcohol. 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. Contact the drunk driving accident lawyer at Baumgartner Law Firm for help. Here are the steps you can take to seek justice.
Understanding DUI Accidents
Before we dive 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 you have been hurt by a drunk driver contact the DWI injury law firm in Houston, TX for help with your case.
The Legal Consequences of a DUI Accident
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 driver may also face a civil lawsuit from the victim of the accident.
Also, with drunk driving lawsuits, punitive damages are almost always sought.
Can You Sue Someone Who Hit You While Drunk?
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.
Types of Cases for DUI Accidents
Two types of lawsuits can be filed in the case of 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.
Proving Negligence in a Civil Lawsuit
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.
To prove negligence, you must provide evidence such as police reports, witness statements, and medical records. An experienced personal injury lawyer can help you gather and present this evidence.
Here is information about hiring a drunk driving accident lawyer.
Seeking Justice and Compensation
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. Here are some important things to keep in mind:
Seek Medical Attention
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.
Contact the Police
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.
Gather Evidence
As mentioned earlier, evidence is crucial in proving 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
Hire a Top Personal Injury Lawyer
Contact the drunk driver accident lawyer 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.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111