Dallas, TX Drunk Driving Accident Lawyer
After an accident with a drunk driver, you need a lawyer to step in to represent your best interests and guide you through the legal proceedings, from handling insurance companies to explaining your legal rights.
If a drunk driver has caused you to suffer an injury in an accident, they may face several consequences for their illegal actions. Of course, they may face criminal charges and possibly lose their driver’s license. They might even have to serve time in jail for their recklessness.
Additionally, a drunk driver may also have to deal with other ramifications of their poor choices. If you suffered an injury in an accident caused by a drunk driver, they may also owe you money for all of the damages that they have caused.
Even though you may think that a drunk driving civil claim should be an open-and-shut case, it is nowhere near as easy as you think. Insurance companies will not want to pay you the money they owe. You will need the help of an experienced car accident attorney to get you all the money you are due.
The Dallas drunk driving accident lawyers at Bennett Law have a track record of getting results for injured clients like you. Schedule a free initial consultation with a car accident attorney to learn more about your legal rights and how much compensation you can get for your injuries. There is no charge to speak with a car accident attorney, and you owe us nothing unless you win your case.
The Civil Legal Process Is Different from the Criminal Case
A drunk driving civil case is entirely separate from a criminal case, and each serves a different purpose within the legal system. The government brings a criminal case (usually the district attorney or prosecutor) against the drunk driver to punish them for breaking the law. The goal is to impose penalties such as jail time, fines, license suspension, probation, or mandatory alcohol education programs. The criminal case focuses on protecting public safety and enforcing DWI laws.
In contrast, the injured party (the plaintiff) initiates the civil case and seeks financial compensation for damages caused by the drunk driver’s negligence. These damages may include medical bills, lost income, property damage, pain and suffering, and emotional distress. Sometimes, the civil court may also award punitive damages to penalize especially reckless behavior.
The burden of proof is different in each case. In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” which is a very high standard. In a civil case, the plaintiff must prove their claim by a “preponderance of the evidence,” meaning it is more likely than not that the defendant caused the harm.
Even if the criminal court does not convict the drunk driver, a civil court can still hold them liable. Victims of DWI-related accidents should speak with a qualified drunk driving injury attorney to understand their rights and options for pursuing justice and compensation through the civil legal process.
Do I Need to Prove that the Driver Was Drunk to Win My Case?
You must prove that the driver was negligent to win your case and qualify for financial compensation. Many of the things that a drunk driver does behind the wheel are careless or reckless, independent of the fact that they are intoxicated. For example, if a drunk driver causes an accident when they are going 90 in a 55 mph zone, this is reckless driving under any circumstances.
Texas law recognizes negligence per se, which may apply if the driver violated a safety law, such as DUI statutes, at the time of the accident. This violation can create a presumption of negligence, but you must still prove that the violation caused your injuries
However, a conviction on drunk driving criminal charges is not enough to conclusively end your civil case. Drunk drivers often do not plead guilty to criminal charges because they know that it will make them civilly liable automatically. Instead, they will plead no contest to the charges against them, meaning that you still must prove their intoxication, even if the criminal court convicted them.
Can My Drunk Driving Accident Attorney Access the Driver’s Alcohol Tests?
You may be surprised to learn that law enforcement is not trying to help you, as a victim, recover compensation for what the driver did. Their sole interest is in winning a conviction of the drunk driver in court. The prosecutor will not go out of their way to assist you in your civil case because their client is the state. You can expect that they will be uncooperative, and your Dallas drunk driving accident lawyer will have to perform an investigation into the accident.
When you hire Bennett Legal for your case, we can subpoena testing records so you can access them for your civil action. Hospitals and law enforcement may need to cooperate if a court order directs them to provide the records to you.
What Compensation Can I Recover in a Drunk Driving Accident Case?
If you have suffered an injury in a drunk driving accident, you may have the legal right to recover a range of compensation through a civil lawsuit. These damages should cover your financial losses and the emotional and physical harm you have suffered.
The most common reason to receive compensation is economic damages, which include measurable financial losses such as:
- Medical expenses (past and future treatment, hospital stays, rehabilitation, medications)
- Lost earnings due to missed work
- Loss of future earning capacity if your injuries prevent you from returning to your job
- Property damage, such as repairs or replacement of your vehicle
You may also be eligible for non-economic damages, which compensate for more personal and subjective losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on your relationship with a spouse or partner)
Non-economic damages can be considerable, but they are difficult to quantify. The car accident attorneys at Bennett Law can help you learn how much you can receive.
In especially serious or egregious cases, such as when the driver had a very high blood alcohol level or a history of DWI convictions, you may receive punitive damages. These do not tie to your losses but will punish the wrongdoer and deter similar behavior in the future.
The prospect of punitive damages gives you some leverage when dealing with insurance companies. If they act unreasonably in the settlement process and you have to take your case to trial, insurance companies will have to pay punitive damages if the jury orders them.
In addition, insurance companies may face a bad faith lawsuit by their own policyholder if they had a chance to settle a case but did not, resulting in personal liability for their customer.
Can I Sue the Establishment That Served the Drunk Driver Alcohol in a Texas Car Accident Case?
Yes, under Texas law, you can sue the bar, restaurant, or other establishment where the drunk driver consumed alcohol before causing an accident. This legal claim falls under Texas’s Dram Shop Act(Texas Alcoholic Beverage Code § 2.01-2.03), which allows victims to hold alcohol-serving establishments liable under certain conditions.
To successfully bring a dram shop claim, you must prove that:
- The establishment served alcohol to someone who was “obviously intoxicated” to the point that they posed a clear danger to themselves and others, and
- That intoxication was a proximate cause of the crash, resulting in injuries or death.
These cases can be challenging to prove, as they often rely on eyewitness testimony, surveillance footage, or receipts to show that an establishment overserved the driver. However, when successful, they can provide additional compensation and hold businesses accountable for irresponsible service practices.
If your injuries—or the death of a loved one—were caused by a drunk driver who received alcohol while visibly intoxicated, it is essential to consult a DWI injury attorney. A lawyer can investigate the establishment’s role, gather evidence, and determine whether a dram shop claim is viable alongside your case against the driver.
What Is the Statute of Limitations for a Civil Drunk Driving Car Accident Case in Texas?
In Texas, the statute of limitations for filing a car accident lawsuit is generally two years from the accident date. This deadline applies to most personal injury claims, including injuries to drivers, passengers, pedestrians, or bicyclists. If you fail to file your lawsuit within this two-year window, the court will likely dismiss your case, and you may lose your right to seek compensation for your injuries and damages.
The statute of limitations also applies to property damage claims, such as the cost to repair or replace a damaged vehicle. You must file these claims within two years of the accident date; however, some exceptions exist. For example, suppose the injured party is a minor or had mental incapacities at the time of the accident. In that case, the clock may not start running until these circumstances are no longer the case. Additionally, if a government vehicle was in the accident, special rules and much shorter deadlines may apply.
Because missing the deadline can have serious consequences, consulting with a Texas drunk driving accident attorney as soon as possible after a car accident is vital. An attorney can help preserve evidence, file timely claims, and protect your right to compensation. You should contact a Dallas drunk driving accident attorney at Bennett Legal as soon as possible after your accident. Even if you have two years to sue, you should never wait that long to speak with a lawyer because it will take time to prepare your case, and they need to gather evidence before it is lost.
Why Do I Need a Drunk Driving Accident Lawyer?
You may wonder why you need a drunk driving accident attorney when the facts of the case seem clear, and liability may not appear to be an issue. First, nothing is as clear-cut as it looks when dealing with insurance companies. They may still try to levy allegations against you, such as the fact that you may have been breaking a traffic law or failed to mitigate your damages by seeking prompt medical care.
Oftentimes, the real battleground in a drunk driving car accident case is how much compensation you will receive for your injuries.
Insurance companies may want to make the case disappear, but will try to do it for as little money as possible. They may make you a minimal settlement offer, knowing that your case is worth much more. If you do not have a drunk driving accident attorney, you may be more likely to accept a low settlement offer.
The experienced Dallas drunk driving accident attorneys at Bennett Law will fight on your behalf when the insurance company wants to lowball your settlement.
The drunk driving accident attorneys at Bennett Law can also investigate the facts of your case to determine whether there is another party whom you can also sue, such as an establishment that sold liquor to an intoxicated patron.
Winning a dram shop case can mean you recover significant money since there is more insurance coverage to pay for your injuries.
Contact the Dallas Drunk Driving Car Accident Attorneys at Bennett Law Today
If you have suffered an injury in a drunk driving crash, the personal injury lawyers at Bennett Law can help. The first step you must take is to contact us to schedule a free initial consultation.
You can speak with a Dallas personal injury lawyers today by calling us at (972) 972-4969. As always, you pay us nothing unless we are successful in helping you get money for your drunk driving car accident, meaning that there is no risk to you whatsoever.
Call A Dallas,TX Drunk Driving Accident Lawyer
If you’ve been involved in a drunk driving accident in Dallas, don’t face the legal aftermath alone. Contact Bennett Legal today at (972) 972-4969 to schedule a consultation. Let our experienced team fight for your rights and help you pursue the compensation you deserve.
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