You get injured in a car accident caused by an intoxicated motorist, and you are unsure of what to do from here. In this instance, hold the driver who engaged in driving under the influence (DUI) accountable for their actions. Start by meeting with a DUI accident lawyer in Houston who can explain what it takes to pursue compensation through a claim or lawsuit.
The attorneys at Carrigan & Anderson, PLLC empathize with those who have been injured in accidents caused by drunk drivers. We have obtained millions of dollars in compensation for our clients. Let a Houston car accident lawyer from our team handle your DUI collision case. To find out more, schedule a free consultation.
Why You Should File a DUI Accident Claim in Houston
The costs of treating your injuries and other losses from a car accident involving a drunk driver can compromise your finances. With help from a DUI accident attorney in Houston, you can ask for compensation from the insurance company of the liable party via the claims process.
Your Houston personal injury lawyer can detail what an insurance claim entails. As the claims process moves forward, they can negotiate a settlement on your behalf. Outside of this, your lawyer can prepare your case as if it will be presented to a judge or jury.
Carrigan & Anderson, PLLC offers FAQs and resources to those interested in filing DUI accident claims. If you are ready to file a claim or lawsuit against anyone liable for your DUI collision, we are here to help. Contact us today.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
When to Sue for a DUI Accident
Sometimes, insurance settlement negotiations can be contentious, even if an intoxicated driver is responsible for an auto accident in which you suffered injuries. The other party’s insurer may offer a lowball settlement or contest your claim. In these scenarios and others, your Houston DUI accident lawyer can help sue if you decide a lawsuit is warranted.
Per Texas Civil Practice and Remedies Code Section 16.003, if you are injured in a DUI accident and someone else is liable, you generally have two years to file a lawsuit against the responsible party, with certain exceptions.
Your personal injury attorney can describe the statute of limitations for car accidents in Texas and how it applies to your situation. As soon as your lawsuit is filed, your lawyer can gather evidence to illustrate negligence.
Houston DUI Accident Lawyer Near Me 361-884-4433
Evidence That You Can Use in a DUI Collision Case
Personal injury lawyers can search extensively for evidence to support your DUI collision case. Your attorney wants proof to show that a motorist was operating their vehicle while intoxicated and violated their duty of care to you. Below are examples of evidence that can be used in your argument:
- Breathalyzer, blood, or urine test results that indicate intoxication or the presence of drugs in their system
- Police reports
- Open containers of alcohol or drugs found in the driver’s vehicle
- Dash cam or traffic camera footage of your accident
- Witness statements
- Medical records
The evidence at your disposal can impact how long it can take to settle your car accident case in Texas. If you have relevant proof, a liable party or their insurance company can be increasingly inclined to offer a reasonable settlement. Or, if a trial is needed, your lawyer can share your proof in court, which can strengthen your case for compensatory damages.
Representing the injured in all areas of Texas that extends back over 40 years
What a DUI Crash Case is Worth
Your car accident attorney will account for your tangible and intangible losses from your DUI crash. They want you to track your accident-related expenses for the duration of your case, since doing so allows them to continue to add to your collection of evidence. Reasons why a judge or jury will award economic and non-economic damages in DUI accident cases include:
- Pain and suffering
- Medical bills
- Lost wages
- Diminished earning capacity
Trust your attorney to remain on your side as you take appropriate steps after a car accident in Texas. While you focus on your accident recovery, your lawyer can put together an argument centered on negligence.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
How to Prove Negligence in a DUI Accident Case
If your case goes to trial, your lawyer will emphasize the elements of negligence when they argue your case to a judge or jury. They want the court to see that the defendant violated their duty of care to you, which caused your accident and injuries. In addition, they want the court to understand your damages and how the incident is affecting you emotionally and financially.
Your lawyer will consider how the defendant will dispute your argument. This can help your attorney make it clear to a judge or jury that the defendant is fully responsible for your accident and should pay damages.
According to Texas Civil Practice and Remedies Code Section 33.001, modified comparative negligence applies to personal injury lawsuits, including those involving DUI accidents. If you sue for injuries from a DUI accident and are 50% or less liable, your damages can be reduced by your degree of fault. Alternatively, if you’re more than 50% at fault, you can’t get damages.
When to File a Wrongful Death DUI Accident Lawsuit
Sadly, you can lose a family member in a fatal car accident caused by an intoxicated motorist. The incident can affect your family’s future. Even though things can look bleak in the aftermath of this accident, it’s important to note that you have access to legal help in the form of wrongful death lawyers.
Your wrongful death attorney can evaluate your loved one’s fatal DUI accident. They can tell you whether you have grounds for filing a wrongful death lawsuit. If you proceed with this type of lawsuit, your attorney can take care of your legal matters as you and your loved ones continue to mourn your tragic loss.
In a wrongful death lawsuit, you can recover damages for your loved one’s lost earning capacity, medical bills, funeral and burial costs, and other quantifiable losses. Depending on the situation, you can also pursue compensation for your loss of companionship and other non-economic damages.
We are Ready to Fight for You
Allow a Houston DUI accident attorney from Carrigan & Anderson, PLLC to work on your case.
We will commit time and resources to your claim or lawsuit as we seek compensation for your DUI accident losses. To learn more, request a free case consultation.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
