Every 48 minutes, someone is killed in a drunk driving accident. Several more people get seriously injured by a drunk driver in a day. A person’s poor decision to drive drunk can inflict lifelong pain on another driver or take someone’s loved one away.
If you were injured or your loved one was killed in a DWI accident, contact the drunk driving accident attorneys at the Hernandez Law Group, P.C. We’ve helped many people gain the compensation they deserve for their injuries or their loved one’s wrongful death. We know how traumatizing it can be to be the victim of a drunk driving accident. Contact us to schedule a consultation with one of our experienced car accident attorneys.
Understanding Your Rights As a Drunk Driving Victim in Dallas
Typically, the drunk driver who caused the accident will be prosecuted in a criminal courtroom, as driving under the influence is illegal in the State of Texas. However, if they get convicted, the injured parties involved in the accident will have the opportunity to bring the perpetrator to a civil courtroom to gain compensation for damages and medical expenses.
Criminal prosecutors are not responsible for getting crime victims compensation for their injuries, only a civil lawsuit using a drunk driving accident victim attorney can help. This is true regardless of whether or not the drunk driver who caused your injuries is convicted of a crime or not.
What Are the Current Texas Drunk Driving Laws?
Texas DWI laws state that a motorist may not operate a vehicle with a blood alcohol concentration of .08 or more. The state’s DWI laws also specify that a motorist may not operate a vehicle while intoxicated by drugs or alcohol. “Intoxicated” means lacking the mental or physical faculties necessary to operate a vehicle.
In Texas, an individual does not need to be driving a motor vehicle to get a DWI; even if an individual gets pulled over and is not over the .08 alcohol concentration limit but they have an open alcohol container, they can still be charged with a DWI.
Texas also has DWI laws that specifically apply to minors. Anyone under the age of 21 may be convicted of a DWI if they have any alcohol in their system. They do not have to be over the .08 BAC limit to be charged with a DWI.
What Is the Difference Between DUI Vs. DWI?
DUI stands for “driving while under the influence.” DWI stands for “driving while intoxicated.” Some states – such as Texas – only use the term DWI in their code laws. Other states only use the term DUI. Some states use both terms, with different definitions for each.
Bentley’s Law
Bentley’s Law, also known as Texas House Bill 393, came into effect on September 1, 2023. This law required convicted drunk drivers to pay child support if they were responsible for a child’s parent or guardian’s death. The offenders will be expected to make those payments until the child reaches the age of 18 or when they graduate high school, whichever occurs later.
Dram Shop Cases
In certain cases, you may be able to sue the party – such as the bar owner – that served alcohol to the person who then decided to drive drunk. Known as a dram shop, the cases are quite complicated. A personal injury attorney at Hernandez Law Group can evaluate your case and determine if you can file a dram shop claim.
Steps to Take Following a Drunk Driving Incident in Dallas
Drunk driving accidents are a bit different than traditional accidents in the sense that the intoxicated driver is completely unpredictable. They could be extremely friendly, they could be quiet and contemplative, or they could be completely irate. Whatever the case may be, it is best to allow the authorities to deal with the intoxicated driver and not yourself. Once law enforcement arrives on the scene and tests the driver for their blood alcohol level, then the police report will give you the information you need for your legal case later on.
Here are the steps you need to take after being involved in a drunk driving accident:
- Call 911 and Emergency Services: Reporting the accident is the first thing you need to do. This will ensure that a proper police report can be taken and that any injured parties can get the medical attention they deserve.
- Wait for the Authorities to Arrive: As mentioned earlier, do not attempt to approach the other driver if you suspect that they are intoxicated. Instead, keep your eyes open and do the following:
- If you haven’t already, try to move your vehicle to the side of the road to ensure that you and anyone else in your vehicle are out of harm’s way.
- Take photos of the damages to your vehicle and any debris on the road.
- If you are safely able to do so, get the license plate number of the other vehicle/vehicles involved. Also, try to take pictures of the damage to their vehicle. However, if you feel this step will cause the intoxicated driver to become irritated or upset, do not do this. It is better to keep yourself safe than gather this kind of evidence. Typically the police will include it in their report or allow you to safely get this while they are present on the scene.
- Make note of any signs of open alcohol containers or drug paraphernalia and report it to the police when they arrive.
- Also make note of any use of mouthwash, breath spray, or eye drops by the other driver. They could be trying to conceal the fact that they are intoxicated.
- Finally, make note if the driver attempts to switch seats with someone else in their vehicle. Once again, they could be trying to cover the fact that they were driving while under the influence of alcohol or drugs. This is a serious offense.
- Get the Contact Information and Written Statement of any Eyewitnesses: If an eyewitness stopped and is present on the scene, you can talk with them, and get their statement and contact information.
- Seek Out Medical Attention: Even if you feel that you were not hurt at the time of the accident, you will still need to be checked out by a medical professional. This will ensure that any hidden injuries are taken care of and documented.
- Contact a Drunk Driving Accident Attorney
How Our Dallas Injury Lawyers Can Help After a Drunk Driving Accident
According to the Department of Transportation, in the State of Texas, there are an average of three people who die a day due to a drunk driving accident. This accounts for nearly 26% of all fatal car accidents in our state. For the surviving family members of those lost to a drunk driving accident, as well as the injured parties of a drunk driving collision, having an experienced drunk driving attorney on their side makes all the difference.
Our attorneys at the Hernandez Law Group, P.C. are Dallas’s go-to resource for all of your legal needs after a drunk driving accident. We can help you take legal action to collect the compensation you deserve for injuries or damages. Here is how our attorneys can help.
Helping You Understand the Difference Between a Civil and a Criminal Case
Being involved in a drunk driving accident is a lot different than being involved in a normal car accident, such as a rear-end collision or sideswipe accident. Driving while intoxicated is against the law and carries hefty fines for those convicted. While the state prosecution will be seeking criminal charges against the drunk driver, victims of the accident still have the right to pursue damages if they have been hit.
It is important to note that damages cannot be collected from the criminal case alone. The prosecutor or district attorney will be filing criminal charges against the drunk driver so they may be properly prosecuted under the law. To receive compensation, you will need to hire a civil drunk driving accident attorney and pursue a civil claim.
We Can Help You Deal With the Insurance Companies
The insurance company that is covering the drunk driver will be trying to protect their best interests, not yours. In this case, they may try to trick you into admitting that your injuries are not that bad or that you had some kind of responsibility for the accident. If they can do this, then they will be able to force you into accepting as little as possible in terms of compensation.
The Hernandez Law Group, P.C. does not stand for this. We fight hard so that insurance companies cannot bully our clients around. We will deal with the insurance companies on your behalf and ensure that you are being handled with care and respect. We know that getting the compensation you deserve is essential to the success of your recovery.
Types of Compensation for Dallas Drunk Driving Accident Victims
If you have been involved in a drunk driving accident, Texas state law provides three categories of compensation available to you. These categories are as follows: economic, non-economic, and exemplary damages. Here is a further look into each category:
Economic Damages
Collisions can be financially and emotionally taxing for victims of drunk driving accidents. Economic damages compensate victims for the direct and indirect financial losses caused by the accident.
These include the following:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Transportation to accident-related appointments
- Personal property damages, such as repairs or replacements for the car
Non-Economic Damages
The emotional stress after a drunk driving accident can be immense. This is especially true for individuals who may have life-altering injuries or have lost a loved one. Non-economic damages are responsible for covering these losses, such as:
- Pain and suffering
- Loss of enjoyment in life
- Loss of consortium
- Permanent disfigurement or disability
Exemplary Damages
Exemplary damages punish the at-fault driver for causing the accident and deter future parties from committing the same or similar actions. Exemplary damages will only be awarded in cases where there is evidence of fraud, malice, or gross negligence.
Who Can Recover Damages in a Drunk Driving Accident?
Anyone who is injured in a drunk driving accident has the potential to file a claim and receive compensation. This includes the following parties:
- Drivers
- Passengers
- Pedestrians
- Bicyclists
- Motorcyclists
- People whose property was damaged as a result of the crash
Why Choose the Hernandez Law Group for Your Drunk Driving Case?
If you were the victim of a drunk driving accident, you need an experienced and compassionate attorney on your side to help you get the compensation you deserve. The Hernandez Law Group, P.C. has Dallas’s trusted drunk driving victim attorneys. We will fight to ensure that you get the compensation you deserve after an accident so that your recovery is as smooth as possible.
Juan Hernandez, our leading attorney, is board-certified by the Texas Board of Legal Specialization in personal injury law. This is a certification that only 2% of Texas attorneys have been able to obtain.
Our incredible record speaks for itself. We have helped thousands of individuals recover hundreds of millions of dollars. With an over 98% success rate, you know you are in good hands. Contact our attorneys to schedule a free, no-obligation consultation with our experienced attorneys or to learn more about our drunk driving accident services.
Common FAQs About Drunk Driving Accidents in Dallas
This would be House Bill 393, also known as Bentley’s Law. This law states that those who are convicted of intoxication manslaughter, where the deceased was a parent of a child/children, must pay restitution to the victim’s child. The offender will be expected to make payments until the child reaches 18 or they graduate high school, whichever occurs later.
The Statute of Limitations in Texas outlines that drunk driving accident victims have two years from the date of the accident to file a lawsuit.
Yes. Criminal charges and civil lawsuits are two different entities. Just because the intoxicated driver was charged criminally does not mean that you automatically receive compensation. You will have to file a civil lawsuit to get the compensation you deserve.
In Texas, there is an average of three individuals who unfortunately passed away due to being involved in a drunk driving collision. This accounts for nearly 26% of all fatal traffic accidents in the state of Texas.