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According to the Texas Department of Transportation, in 2020 there were 23,157 total Driving Under the Influence (DUI) Alcohol-related crashes on Texas roadways. Out of those crashes, more than half resulted in some type of injury, ranging from superficial wounds to traumatic brain injuries (TBIs), to death. For the person’s injured and their families, knowing that the accident was completely preventable is perhaps the most distressing of all. At Annie McAdams, PC, we understand that victims and their families are in pain and need assistance from a Texas DUI lawyer that listens and isn’t afraid to battle for what their client is owed.
What compensation can be recovered in a personal injury case against a drunk driver?
When pursuing a drunk driver for personal injuries, there are different types of compensation that an injured person may seek. They include:
Economic Damages
Economic losses are financial losses, such as past and future wages lost due to the injuries. Also included are medical bills, medical equipment, long-term care, therapy bills, and the cost of modifying your home to accommodate your needs post-injury. Economic damages are generally easy to quantify with a dollar amount.
Non-Economic Damages
Non-economic losses are losses related to the injured person’s pain and emotional distress. Pain and suffering, loss of consortium, and loss of enjoyment are all examples of non-economic damages.
Punitive Damages
Punitive damages are damages that are meant to punish the wrongdoer and discourage them, and others, to refrain from engaging in the conduct that led to the injuries. In order to recover punitive damages, a Texas DUI lawyer must have a unanimous jury verdict and present clear and convincing proof of negligence. Additionally, the injured party will need to prove fraud, malice, or gross negligence.
Who can be held responsible for the actions of a drunk driver?
The primary person responsible for the injuries inflicted by a drunk driver is the drunk driver themselves. Determining if anyone else may be held responsible can be determined by a Texas DUI lawyer. Following are parties that are sometimes pursued in personal injury cases where the injury was caused by a drunk driver:
Employer of Drunk Driver
If the drunk driver was acting under the scope and course of their employment, it may be possible to sue their employer.
Establishment that served Drunk Driver
Texas law does allow an injured party to sue a business that continues to serve alcohol to a patron that is clearly intoxicated.
Speak With A Tough-As-Nails Texas DUI Lawyer
If you have been injured in an accident with a driver that was intoxicated, don’t let just any law firm handle your case. Instead, rely on attorneys that don’t back down and will fight for you to recover every bit of the compensation you are owed. Contact the professionals at Annie McAdams, PC, by calling 713-785-6262 or via our contact page.