Drunk Driving Accidents Attorney in Texas

Drunk driving accidents are among the most tragic and preventable causes of injury and death on Texas roads. At my firm, Jose Orihuela, Attorney at Law, I’ve witnessed firsthand the suffering that results from these senseless accidents.

While no amount of compensation can undo the physical and emotional damage, personal injury claims can help victims regain some lost ground by securing financial relief for medical bills, lost wages, and other losses.

Texas law is clear about the penalties for driving under the influence, but every personal injury case involving a drunk driver has unique factors. It’s essential to have experienced legal representation to make sure your case is handled with the attention and care it deserves.

Laws Regarding Drunk Driving in Texas

Texas has stringent laws in place to combat drunk driving. According to the Texas Department of Transportation, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For drivers under 21, any detectable amount of alcohol is grounds for a DUI charge.

In cases where a driver’s intoxication leads to an accident, civil liability can also come into play. This means that even if the driver faces criminal charges, the victims have the right to file a personal injury lawsuit to recover damages.

The civil case is separate from the criminal proceedings, but the criminal conviction can strengthen the personal injury claim. As a personal injury attorney, I’ve seen how criminal charges can be powerful evidence of negligence in court. However, proving fault in a personal injury case requires more than simply pointing to the criminal offense.

It’s necessary to establish how the driver’s intoxication directly caused the accident and led to your injuries. That’s where the experience of a seasoned attorney becomes invaluable.

How Negligence Is Proven in a Drunk Driving Accident

In any personal injury case, including those involving drunk driving, proving negligence is key. Negligence means that the driver failed to act with reasonable care, and their actions directly caused harm to others.

When alcohol is involved, the driver’s impaired judgment and reaction time are often the focus. However, just because a driver was drunk doesn’t automatically make them 100% responsible for the accident. There could be other factors, such as unsafe road conditions or the actions of another driver.

To successfully win a drunk driving personal injury case, it’s important to gather as much evidence as possible. This could include police reports, breathalyzer results, eyewitness testimony, and video footage.

As your personal injury attorney, I’ll work with you to build a strong case that demonstrates the driver’s negligence. By collecting this evidence, we can clearly show that the drunk driver’s actions caused the accident and the resulting injuries.

Common Injuries in Drunk Driving Accidents

The injuries caused by drunk driving accidents are often severe due to the reckless nature of impaired driving. Victims frequently experience head trauma, spinal injuries, broken bones, and internal injuries. These physical damages can lead to long hospital stays, multiple surgeries, and extensive rehabilitation. In many cases, the recovery process is slow, and the costs can pile up quickly.

As a personal injury attorney, I’ve worked with clients who’ve suffered life-changing injuries in drunk driving accidents. Beyond the immediate medical care, there are often long-term consequences, such as chronic pain, loss of mobility, and emotional trauma.

It’s crucial to seek compensation that not only covers the current medical expenses but also accounts for future care and the lasting impact of these injuries. My goal is to make sure that victims receive the financial support they need to move forward with their lives.

The Role of a Personal Injury Attorney in Drunk Driving Cases

There are several reasons to consider hiring an attorney if you’ve been the victim of a drunk driving accident. Insurance companies may offer quick settlements that seem tempting, but these offers rarely reflect the full extent of the damages.

Without proper legal representation, you could end up accepting far less compensation than you’re entitled to by law. As a personal injury attorney, my job is to fight for your rights and make sure that all aspects of your claim are addressed, from medical bills to lost wages and emotional suffering.

I handle negotiations with insurance companies and am prepared to take the case to trial if necessary. Most personal injury cases, including drunk driving claims, settle before they reach the courtroom, but having a lawyer who’s ready to pursue your case in court shows the insurance company that you’re serious about getting fair compensation.

My approach to every case is personal. I understand that you’re not just dealing with paperwork; you’re dealing with a significant disruption to your life. I’m here to help relieve some of that burden.

Compensation Available to Drunk Driving Victims

Victims of drunk driving accidents in Texas may be entitled to several types of compensation, depending on the severity of their injuries and other losses. The damages in these cases generally fall into the following categories:

• Medical Expenses: This includes hospital bills, surgery costs, medication, and ongoing rehabilitation services. Victims should also consider future medical needs when calculating this part of the claim. Medical expenses often extend far beyond the initial treatment.

• Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost and any future earnings you may miss out on. This includes both temporary and permanent loss of earning capacity. Recovering from an accident can take time, and this compensation can provide vital financial support.

• Pain and Suffering: This covers the emotional distress and physical pain that victims endure following the accident. While these damages can be harder to quantify, they are just as important. The emotional toll of the accident can last for years, and it’s essential to account for this in your claim.

• Property Damage: Victims can also recover costs for repairing or replacing their vehicle and any personal property damaged in the crash. In many cases, the property damage is significant, and insurance coverage may not fully address these costs. Documenting the damage thoroughly is key to recovering these expenses.

Texas law places a two-year statute of limitations on personal injury claims, meaning that victims must file their lawsuit within two years of the accident.

I always recommend reaching out to a personal injury attorney as soon as possible to see that your claim is filed promptly and that crucial evidence is preserved. Delaying the process can weaken your case, especially as memories fade and evidence becomes harder to gather.

At my office in Webster, Texas, I've served clients from South Houston, Clear Lake, Friendswood, League City, Alvin, Houston, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe.