Monetary Damages for Injuries Caused in a Drunk Driving Accident

 Posted on May 22, 2023 in Car Accident

Far too many vehicle operators on Texas roads are routinely arrested for driving while intoxicated (DWI) offenses, and authorities all over the state are adamant about enforcing drunk driving laws. Fortunately, innocent victims who are injured in drunk driver crashes can bring a personal injury claim and recover compensation for their damages. If you or a loved one were hurt in an accident caused by an drunk or impaired driver, we invite you to contact the highest-rated injury law team in the area for a completely free, thorough case evaluation. 

Seeking Compensation for Injuries and Property Damage

When a person files a personal injury claim against another party, they usually allege negligence, negligence per se and/or gross negligence against the at fault driver. When the responsible party is an intoxicated driver, all three are typically asserted.  Per Texas law,  Gross negligence means an act or omission:

(A)  which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and

(B)  of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or

If gross negligence is proven, punitive damages can be awarded against the drunk driver as a penalty to deter the reprehensible behavior as opposed to compensatory damages.

In most drunk driving accident cases, people may be entitled to various damages applicable to their case, including economic damages and noneconomic damages. Economic damages refer to tangible costs and financial losses. Compensation may be available for medical bills, lost wages, and property damage. Noneconomic damages refer to intangible harms such as physical pain, mental anguish, disfigurement, loss of consortium and loss of enjoyment of life. 

If an individual is killed in a drunk driving crash, the person’s surviving loved ones may file a wrongful death claim to recover damages such as pain and suffering prior to death, medical funeral and other death-related expenses, loss of inheritance, loss of love and companionship, and possibly punitive damages. 

Whereas a person facing criminal DWI charges must be proven guilty beyond a reasonable doubt, a civil case will only require a person to prove another party was negligent, negligent per se, and/or grossly negligent by a preponderance of the evidence, which means the slightest tipping of the scale in terms of burden of proof. It is entirely possible that a person could be acquitted of DWI or have their charges dismissed but still be found civilly liable for all damages stemming from a intoxicated driving crash. 

Consult a Collin County Truck Accident Attorney 

Did you suffer significant injuries or was your loved one killed in a drunk driving accident in Texas? Do not wait to get help from the McKinney drunk driving accident lawyers at Burress Injury Law.

Our firm works efficiently and diligently to help people hold at fault parties fully responsible for all the harms they cause. We take a particular interest in zealously prosecuting drunk drivers (and their insurers), not only to make our clients whole, but also to help punish these types of reckless drivers and ultimately make our roads safer for our families.  Please call 214-726-0016 or contact us online to schedule your absolutely free, no strings attached initial consultation.  We will show you how we can allow you to focus on healing while we take care of everything else!  

Source: 

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm