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Victims of drunk driving accidents can face severe injuries that leave them in medical debt, out of work, and with substantial pain and suffering. The drivers in these accidents often risk the lives of those they share the road with, and victims injured in these DWI (driving while intoxicated) accidents deserve the assistance of compassionate attorneys who can fight for their rights and work to get them compensation to pay for their needs after a crash.
The Queenan Law Firm’s Fort Worth DWI car accident victim injury lawyers represent DWI accident victims across the Fort Worth area and fights to help them hold the drunk driver who hit them responsible for the accident. For help with your potential DWI case or a case involving a loved one killed in a drunk driving accident, call our law offices today at (817) 476-1797.
Suing for a Drunk Driving or DWI Crash in Fort Worth, TX
If you were injured in a car accident, you can often sue the driver who hit you. Many times, drivers think that insurance will be enough to pay for their injuries, but insurance policies often limit what damages they will pay and make it harder for drivers to collect compensation. These policies often exclude damages for pain and suffering and other “noneconomic” injuries, and an at-fault driver’s policy might pay only a fraction of the victim’s medical bills. Going to court can open a wider range of options for the victim, but it requires you to prove your case first.
To prove a drunk driving accident case, you need to prove the same elements of any other car accident case. This means proving that the at-fault driver did something unreasonable or violated traffic laws, leading to an accident and injuries. Driving while intoxicated is indeed a crime in Texas, and any driver who causes a car accident while drunk can usually be held responsible.
When you take your case to court, you will also have to prove that the drunk driving led to your accident. If you and the drunk driver were both hit by a third party, then it is unlikely that the drunk driving would be seen as the cause of the accident. However, in most cases where the drunk driver caused the crash, the fact that they were drunk will be considered a major factor in causing the crash, especially if a sober driver might not have made the same mistakes.
Keep in mind that these kinds of civil lawsuits are claims for damages filed in civil court. If the government also presses criminal charges against the drunk driver, that does not stop you from being able to make a separate civil claim for the damages you need.
Proving a Driver is Drunk in a Fort Worth DWI Accident Injury Case
To prove to the court that the other driver was intoxicated, you will need to provide evidence and testimony. The strongest evidence you can use is a blood or breath test confirming the driver was drunk at the time of the crash. After any auto accident, it is important to report the crash to the police and to call for an ambulance if there are any injuries. The police can create an accident report, but they can also arrest the drunk driver and begin with criminal charges against them. As part of that case, they will usually perform a chemical test to find the driver’s blood alcohol concentration, and you might be able to get a copy of that test’s results for use in your case.
Police and other witnesses can also testify in your case about how the other driver appeared drunk. A police officer responding to the crash might be able to testify about field sobriety tests they performed or other indicators of intoxication that they’ve been trained to look for. Yourself and other witnesses might also be able to talk about your own observations, and the judge or jury can piece together the facts. The following observations about the driver are all good evidence of intoxication to present in court:
- Slurred speech
- Staggering
- Fumbling documents or keys
- Glassy or bloodshot eyes
- Odor of alcohol on the breath
- Open containers in the car or in the driver’s hand
If the other driver tells you they are drunk, says they’ve been drinking, or actively drinks in front of you, that also provides excellent evidence that they were drunk.
You must also prove that they were actually the one driving the car, which is usually easy if they are the only person in the car. If you do not see them behind the wheel and they trade places with a sober passenger in the car, this might complicate your case, but that is rare.
Damages for Drunk Driving Accident Victims in Fort Worth, TX
If you suffered serious injuries in a DWI accident, you could be entitled to substantial compensation. Your medical bills and lost wages can result in substantial economic damages that you can claim in a lawsuit. In addition, pain, suffering, reduced enjoyment, mental anguish, and other “noneconomic” damages can also result in compensation. Always talk to a Fort Worth personal injury lawyer about what your case is worth instead of trying to settle the case through insurance or through the courts on your own.
We can also help fight for compensation after the death of a loved one in a DWI crash.
Call Our Fort Worth Lawyer for DWI Accident Victims Today
For a free case consultation on your DWI accident case, call The Queenan Law Firm. Our Fort Worth DWI car accident victim lawyers fight to help victims and their families seek compensation for their injuries and the loss of loved ones in drunk driving accidents and other car crashes. For a free case consultation with an Texas personal injury lawyer, call us today at (817) 476-1797.