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February 14, 2024 by Greg Baumgartner
Drunk driving is a serious offense that can have severe consequences, both legally and personally. In Houston, Texas, drunk driving is a major problem, with thousands of accidents and injuries caused by intoxicated drivers each year. If you have been involved in a car accident with a drunk driver in Houston, you may be wondering how the driver’s criminal charges will impact your civil case. The drunk driving accident lawyer at Baumgartner Law Firm explores the relationship between a drunk driving charge and a civil case in Houston.
Before we dive into the impact of a drunk driving charge on a civil case, it’s important to understand the laws and penalties surrounding drunk driving in Houston.
In Houston, an adult is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. This applies to both alcohol and drugs, including prescription medications. A driver who exceeds the legal limit can be charged with a DWI (Driving While Intoxicated) offense.
The penalties for a drunk driving charge in Houston can vary depending on the circumstances of the case. However, some common penalties include:
If you have been involved in a car accident with a drunk driver in Houston, you may be wondering how the driver’s criminal charges will affect your civil case. Here are some key points to keep in mind:
It’s important to understand that criminal and civil cases are two separate legal proceedings. The state brings a criminal case to punish the offender for breaking the law. In contrast, the victim brings a civil case to seek compensation for damages.
In a civil case, the burden of proof is lower than in a criminal case. This means that even if the drunk driver is not convicted in their criminal case, they can still be found liable for damages in a civil case. A drunk driving charge can strengthen your civil case, as it provides evidence of the driver’s negligence and recklessness.
In many cases, the drunk driver’s insurance company will try to settle the civil DWI injury accident case quickly to avoid a lengthy and costly trial. We have found that many adjusters will contact the victim quickly in the hopes that they do not hire a Houston DUI injury attorney who will make them pay full compensation. DWI cases can work in your favor, as you may receive compensation for your damages without going to court.
If the drunk driver hires a criminal defense lawyer, the lawyer may try to discredit your case to lessen the severity of the driver’s criminal charges. This can be frustrating, but it is important to stay focused on your civil case and work with your DWI injury lawyer to build a strong case.
Probably the biggest impact on a personal injury lawsuit against a drunk driver is the fact that the criminal case can hamper the civil injury case. Police officers will not release vital evidence they obtained to prosecute the drunk driver while the criminal case is pending in Harris County, TX.
Toxicology reports, witness accounts, and investigations of the accident will not be released for use in the civil case until the criminal case is resolved. Delays are inevitable when obtaining the important facts needed for a personal injury lawsuit. In a recent wrongful death case we handled at Baumgartner Law Firm, we were blocked for months from getting vital evidence until after the defendant’s criminal case was over. Fortunately, we knew the delay was coming and obtained much evidence without the help of investigating police officers or the DA,
Also, the drunk driver will likely assert the 5th Amendment and refuse to testify in the civil case.
One common tactic in many cases is for the criminal defense lawyer to seek to destroy the file after the criminal case is over.
If you have been involved in a car accident with a drunk driver in Houston, it’s important to seek the help of a personal injury lawyer. They can help you navigate the legal process and ensure you receive your deserved compensation.
A personal injury lawyer will thoroughly investigate the accident to gather evidence and determine liability. They may work with accident reconstruction experts, review police reports, and interview witnesses to build a strong case. While officers will likely not cooperate until the criminal case is over, there is much evidence that a skilled attorney can obtain.
Insurance companies are notorious for trying to minimize payouts to victims of car accidents. A personal injury lawyer can negotiate with the insurance company to ensure you receive fair compensation for your damages. Because of the possibility of getting punitive damages and a large verdict for actual damages, most DWI injury accident cases settle before trial.
If your case goes to trial, a personal injury lawyer will represent you in court and fight for your rights. They will present evidence, cross-examine witnesses, and make a strong case for your compensation.
Insurance companies try to settle most injury crash cases when they insure the drunk driver. But filing a lawsuit can often increase your compensation.
When looking for a personal injury lawyer to handle your case, finding someone with experience handling drunk driving accident cases in Houston is important. Look for a lawyer with a successful track record and familiar with the local laws and court system.
A drunk driving charge can significantly impact a civil case in Houston. It can strengthen your case but also complicate matters if the driver hires a criminal defense lawyer. A lawyer who specializes in personal injury cases involving drunk driving accidents can assist you with the legal procedures. They will ensure that you receive the proper compensation for your injuries.
If you have been involved in a car accident with a drunk driver in Houston, don’t hesitate to seek the help of a personal injury lawyer to protect your rights and get the compensation you deserve.
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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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