Can I Seek Compensation if I Was Hit by a Drunk Driver?

Being hit by a drunk driver is dangerous and terrifying, and the losses you suffer as a result can be immense. Driving while intoxicated (DWI) can lead to criminal charges, and if you’re injured as a result of a motorist’s impairment, you can seek compensation for the legal damages you experience as a result. If the other driver is ticketed for driving while under the influence of alcohol, it can help clarify the matter of liability in your car accident claim. 

Having the trusted legal counsel of an experienced Texas drunk driver accident lawyer backing you up is always advised. Contact our team at Fadduol, Cluff, Hardy & Conaway P.C. today for a free consultation.

Over the Legal Limit

A driver can face criminal DWI charges for being over the legal limit behind the wheel. In Texas, this means having a blood alcohol concentration (BAC) of .08 percent or higher. This, however, isn’t the end of the matter. If the motorist’s ability to drive safely is affected by alcohol – even if they’re below the legal limit – they can still face a DWI charge. 

The Elements of Your Car Accident Claim

To bring a successful car accident lawsuit against a drunk driver, you’ll need to prove each of the following elements:

• The other driver owed you a duty of care, which is established by the fact that you shared the road with one another – and we are all responsible for the safety of others on the road when we drive. 
• The other driver breached this duty of care, which is established by the fact that they chose to drive drunk. 
• The other driver’s negligence was the direct cause of the accident in question. This means that their impairment led them to engage in dangerous practices that caused your injuries. 
• You suffered legal damages as a result.

Turning to a formidable drunk driver accident lawyer is the surest means of building a strong claim that leads to fair compensation. 

Seeking Just Compensation

In your car accident claim against the drunk driver who caused you to be injured, you can seek compensation in each of the following categories:

• Property damage to your car and to any of its contents 
• Your medical bills, including those that stretch into the future as a result of health complications, secondary healthcare concerns, or the need for additional medical treatments or procedures
• Your lost wages, which may include lost earning potential
• Your physical and emotional pain and suffering

Your drunk driver accident lawyer can accurately calculate all your losses to seek full compensation.

The Evidence Supporting Your Claim

Strong car accident claims are built on evidence, which can include all the following:

• The police report and any tickets issued, such as a ticket for DWI if the other driver was drunk
• The testimony of eyewitnesses
• Any photos and videos captured by bystanders, dashcams, security cameras, and traffic cameras 
• The testimony of professional witnesses with expertise related to how the accident happened
• Professional accident reconstruction models that illustrate the mechanics of the car accident

Your determined drunk driver accident attorney will spare no effort in pursuit of the compensation that you deserve and that you need to recover as fully as possible.  

You Need an Experienced Texas Drunk Driver Accident Lawyer on Your Side

The resourceful Texas drunk driver accident attorneys at Fadduol, Cluff, Hardy & Conaway P.C. harness the full force of our imposing legal skill and insight for every client we represent, and we’re on your side. Learn more by contacting us online or calling 800-433-2408 for more information today.