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Can I Sue a Drunk Driver If I Was Injured in a Crash?
Alcohol reduces coordination, judgment, and reaction time. It also impairs vision, hearing, and sense of touch. Even a small amount of alcohol can affect driving ability. Most people know that drinking and driving is both dangerous and illegal. Unfortunately, some drivers choose to break the law and drive while intoxicated anyway.
If you or a loved one were involved in a car crash caused by a drunk driver, you may be interested in learning about your legal options. It may be possible to sue the drunk driver and recover compensation for your damages.
Legal Options After a Car Accident Caused By An Intoxicated Driver
Texas law allows individuals to take legal action against a party if that party’s negligent or wrongful actions caused them harm. If you were involved in a car accident caused by a drunk driver, you can pursue a personal injury claim against the at-fault driver. In order to prevail in court, you will need to prove that the driver’s intoxication was the cause of the accident and that you suffered damages as a result of the crash. Police reports, witness statements, medical bills, and other forms of evidence may be used to establish these facts.
Personal Injury Claims Involving Unsecured Truck Cargo
Being involved in a car crash is always a traumatic experience, but it can be especially distressing if the crash was caused by unsecured truck cargo. If someone is involved in a crash caused by freight that fell off the back of the truck, who is at fault? Do truck accident victims have any legal recourse? The answer is typically yes. The trucking company, the truck driver, the party who loaded the truck freight, or another party may be liable for damages. The injured person may be entitled to compensation for vehicle damage, medical bills, pain and suffering, and more.
What to Do After an Accident Caused by Unsecured Truck Cargo
If you have been involved in an accident caused by unsecured truck cargo, the first thing you should do is seek medical attention, even if you do not think you have been seriously injured. Some injuries, such as whiplash, may not present symptoms immediately following an accident. Once you have been discharged from seeing the emergency medical provider, retain a quality personal injury lawyer to help gather all necessary evidence supporting your claim. This may include photos of the accident scene, police reports, black box downloads, surveillance videos, gouge marks and other physical evidence left at the crash scene, and witness statements.
Evidence Needed to Sue a Trucking Company After a Wreck
Commercial trucks can cause severe damage in a wreck. Accident victims are often left with broken bones, traumatic brain injuries, spinal cord injuries, internal organ injuries, burns, lacerations, and other painful injuries, if they even survive. Many large truck crash victims find themselves facing a long, painful road to recovery. Financial hardship caused by vehicle damage, medical bills, and lost income from time off of work only adds to the difficulty.
Truck crash victims may be entitled to financial compensation for their economic and noneconomic damages through a truck accident injury lawsuit. However, to bring a successful lawsuit, the claim must be supported by strong, persuasive evidence.
Supporting Evidence in Your 18-Wheeler Crash Injury Claim
To be entitled to financial compensation from a truck driver, trucking company, or other at-fault parties, a truck accident victim must prove that the at-fault party’s negligence caused his or her injuries. The victim must also prove that the injuries resulted in damages such as medical expenses, lost income, physical impairment, disfigurement and pain and suffering.
What Damages Are Available After a Texas Motorcycle Wreck?
Pedestrian accidents took the lives of over 5,000 people in Texas last year, representing a 15 percent increase compared to the prior year. It goes without saying that losing a loved one in such a sudden, brutal way is absolutely devastating to those left behind.
If your spouse, parent, child, sibling, or another loved one died in a pedestrian accident, you may be able to take legal action in the form of a wrongful death claim. Legal action cannot undo the tragedy, but it may help you and your family pursue justice and recover some much-needed financial stability. In this article, we'll discuss what a wrongful death claim is, how to file one in Texas, and what to expect in the process.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil claim filed by the loved ones of someone who died due to the negligence or wrongful act of another party. If you win your case, you may be awarded damages to cover things like funeral and burial expenses, lost income and benefits, and more. Texas law defines a wrongful death as a death caused by "the wrongful act, negligence, carelessness, unskillfulness, or default" of another person or entity.
How to Pursue Compensation After a Hit-and-Run Car Accident
Everyone knows that the right thing to do in the event of a car accident is to stop and share contact information with the other driver. Not only is this the ethical thing to do but it is also required by law. When a motorist is involved in a collision, he or she must stop his or her vehicle. Failure to stop is considered a “hit-and-run,” and leaving the scene of an accident is a crime in the state of Texas.
If you were involved in a hit-and-run, you may have suffered severe injuries for which you incurred significant medical costs in addition to your property damage. You may also be unable to work due to your injuries. You may wonder whether or not you can pursue compensation for these losses through a personal injury claim. Successfully obtaining compensation for a hit-and-run accident can be a challenging process, but it is possible.
Your First Steps
One of the most crucial steps to take after being involved in a hit-and-run accident is to call the police and get a police report. A police report that describes the details of the accident is an essential element in a personal injury claim and an insurance claim. Furthermore, the sooner you contact the police, the more likely it is that the police will be able to catch the person who hit you. Next, gather information about the accident.
What If I Am Partially At Fault for My Texas Car Accident?
There are nearly an infinite number of issues that may cause a car accident. Driving under the influence, reckless driving, inattention to the road, and traffic law violations are some of the most common causes of auto accidents. However, in many cases, more than one factor leads to a car accident. For example, one motorist involved in an accident may have been driving over the speed limit while the other driver is texting and driving. You may wonder, “In car accidents involving shared blame, how is the at-fault driver determined? Can I still recover damages even if I am partially at fault for an accident?”
Texas Comparative Negligence Law
The state of Texas uses what is known as a “modified comparative negligence” model for shared-fault personal injury cases. In Texas law, this is referred to a “proportionate responsibility.” This means that Texas courts allow injured individuals to seek compensation for their injuries even if they were partially to blame for the injuries. In fact, as long as an injured party was not more than 50 percent at fault for the incident that caused the injuries, he or she can still bring a court action for damages.
What Are My Legal Options After a Hit-and-Run Accident?
There is no question that a car wreck is a frightening experience. Unfortunately, this fear—along with the shock of the crash, adrenaline, and maybe a misplaced sense of blame—can cause problems for you as you consider the possibility of filing a personal injury claim for damages. While such feelings are normal after an accident, it is important to know how to set them aside and focus on keeping your composure. With this in mind, here are five things you should never do in the wake of a car crash:
Car Crash Mistake #1. Underestimating the Damage
This applies to both your body and your vehicle. Initially, the crash might seem to be a minor fender bender, but assuming the damage is minor might understate serious hidden problems. With your vehicle, for example, the frame might be bent, despite the external damage seeming trivial. Likewise, you might feel physically okay, but adrenaline could initially mask more severe injuries that present themselves later. Be sure to seek medical attention as soon as possible after the crash to be sure you know how extensive your injuries truly are.
What Are the Most Common Injuries in Motorcycle Accidents?
Motor vehicle collisions of all types can be dangerous. Passenger vehicles weigh several thousand pounds, and they can inflict serious injuries on others, even if a collision takes place at a relatively low speed. Fortunately for drivers and passengers, vehicles include multiple safety systems that can reduce the risk of injuries, such as seat belts, airbags, and a strong structure that protects a vehicle’s occupants. However, motorcyclists do not have these protections, and because of this, they are much more likely to be seriously injured in motorcycle accidents.
Serious and Fatal Injuries Affecting Motorcyclists
Motorcycle crashes may result in multiple forms of bodily harm, including:
- Injuries to the lower extremities - The most commonly injured body parts for motorcyclists are the legs and feet. When a motorcycle falls over in a collision, one of a person’s legs may be caught underneath, and this can result in broken bones, as well as dislocations in the knees, ankles, or hips; strained or torn muscles, tendons, and ligaments; or serious sprains.
How Much Compensation is Awarded for Pain and Suffering?
Whether an individual is hurt in a car accident, motorcycle crash, commercial truck collision, or another incident, the consequences can affect nearly every facet of the person’s life. Many accident victims cannot work for a significant amount of time after an accident. They may be unable to drive, care for their children, do housework, or complete other responsibilities. Physical pain can also prevent accident victims from participating in hobbies, traveling, spending time with loved ones, or even enjoying simple pleasures such as walking in the park. Unsurprisingly, injured people often find themselves battling psychological problems like depression and anxiety after an accident.
In a personal injury case, these non-financial consequences are often referred to as “pain and suffering.” If you or a loved one were seriously hurt in an accident, you may wonder how much compensation injured victims can receive for their pain and suffering.
Burress Injury Law Welcomes Kyle H. Dreyer
Burress Injury Law, a personal injury law firm based in McKinney, Texas, with locations in Frisco and Paris, is proud to welcome Attorney Kyle H. Dreyer. Mr. Dreyer's high-level trial experience makes him an invaluable asset to the high-growth Collin County firm.
With more than 35 years of experience trying multi-million-dollar cases, Mr. Dreyer has served as lead trial counsel in virtually every state and has successfully tried many complex cases. His prior trial practice included nationwide representation of a major domestic automotive manufacturer and component part manufacturers. He also served as trial counsel for large corporations in the petroleum, agriculture, and consumer beverage industries, among others.
Mr. Dreyer is a highly regarded trial lawyer and is a nationally respected authority in trial advocacy and litigation management.
With Burress Injury Law, Mr. Dreyer's focus will center around: (1) handling select wrongful death and catastrophic injury cases; (2) scaling the firm's growth; (3) fine-tuning the firm's litigation management systems and processes; and (4) mentoring the firm's younger lawyers.
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From our offices in McKinney, Frisco, Paris, and Sherman, we serve clients throughout Collin County, Lamar County, Grayson County, and all of the state of Texas, including Plano, Murphy, Allen, Princeton, Prosper, Celina, Carrollton, Denton, Lewisville, Bonham, Dallas, and Denison.
Results listed are not a guarantee or indication of future case results.
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