Car accidents caused by drunk drivers can cause devastating consequences for victims and their family members. In many cases, a DWI accident may occur at high speeds or involve dangerous types of collisions, including head-on collisions. The drunk driver may walk away unharmed, but his or her victims could be killed or left with devastating, life-altering injuries.
Discuss Your DWI Accident Case With a Skilled Lawyer
At Ceja Law Firm PLLC, we believe that drunk drivers who caused other people serious injuries or even death should be held responsible. The Texas criminal justice system can’t hold drunk drivers responsible for the crimes they committed. Additionally, victims of drunk driving have a right to bring a personal injury lawsuit against the drunk driver who caused their injuries. Contact us today to schedule your free initial consultation.
Why You Need a DWI Accident Lawyer
Coping with a serious injury is complex, and you may feel too overwhelmed to pursue a lawsuit. In Texas, you only have a limited amount of time to file a personal injury lawsuit against the drunk driver who caused your injuries. Taking the time to discuss your case with the lawyer can help you protect evidence, develop a legal strategy, and ensure you don’t wait too long to bring the lawsuit.
At Ceja Law Firm PLLC, our personal injury lawyers have experience seeking drunk driving monetary settlements on behalf of victims. We understand what goes into approving a drunk driving accident case and use our knowledge and skills to pursue the financial recovery you deserve assertively. Depending on the facts in your case, we may be able to resolve your case without the need to go to court or even file a lawsuit, especially when the driver’s liability is clear.
The Difference Between Criminal and Civil DWI Cases
Sometimes Texas residents are unclear about the differences between a DWI criminal charge DWI accident lawsuit. Drunk driving is a criminal offense in Texas. When a driver has a blood alcohol content (BAC) of .08 percent or higher, prosecutors will charge him or her with a DWI. Prosecutors represent the state of Texas, not the victim of the drunk driver. If a drunk driver is convicted of a DWI, he or she will serve the necessary jail time and pay the required fines to the state of Texas but won’t be ordered to compensate his or her victims.
Civil lawsuits against drunk drivers are different. They are independent of the Criminal Justice System. Your attorney will bring a civil lawsuit on behalf of you as the victim of a drunk driver. Your lawyer’s goal isn’t to convict the drunk driver but to obtain compensation for all of your physical, financial, and emotional damages. Since drunk driving is an egregious act, you may be entitled to additional punitive damages against the drunk driver who caused your injuries. Even if the drunk driver who caused your accident isn’t convicted of a DWI, you can still bring a personal injury lawsuit against him or her.
Who Can You Sue In a DWI Accident Lawsuit?
If a drunk driver has injured you or your loved one as a motorist, motorcyclist, pedestrian, or bicyclist, you have a right to seek compensation. Even if you were a passenger in a vehicle driven by the intoxicated driver who caused the accident and became injured, you could still hold the driver fully responsible for your injuries. However, there may be more than one at-fault party in your case.
Holding the Drunk Driver’s Employer Responsible
You may be able to hold the drunk driver’s employer accountable for your injuries. In many cases, employers have greater financial assets and may be more likely to have the means to pay you the full amount of compensation you deserve. Suppose the drunk driver’s employer failed to run a background check on the employer before hiring him. A background check would have been covered that the driver had previous DWI convictions on his record. The driver precedes to drive while intoxicated, crash into your vehicle, and cause devastating injuries. In this situation, you may be able to hold the employer liable for negligent hiring.
The Texas Dram Shop Act
As with many other states, Texas has dram shop laws. The Texas Dram Shop Act gives victims of drunk driving the right to bring a lawsuit against any business that provided alcohol to a visibly intoxicated person or minor. To successfully bring a lawsuit against the bar or restaurant, you will need to prove that the drunk driver was visibly intoxicated when someone from the restaurant served him or her alcohol. You will need to prove that the driver left the bar or restaurant and his or her intoxication caused the car accident that injured you or killed your loved one.
What happens if the drunk driver was at a social party and the host or hostess continued to serve him or her alcohol? The Texas Dram Shop Act also covers this type of scenario. If a person throws a party and serves alcohol to a non-related minor, who then causes an accident that results in injuries, the victim can hold the host or hostess responsible.
Damages Available in Texas DWI Accident Cases
At Ceja Law Firm PLLC, we seek the maximum financial recovery for our Houston drunk driving accident lawsuit clients. After investigating your case, we will work with experts to determine all of the damages you are entitled to. In many cases, we’re able to negotiate a favorable settlement for our clients without the need to go to court or even file a lawsuit. The amount of damages you can recover depends on the facts of your case. Victims can pursue damages for past and future medical expenses, lost wages, compensation for emotional distress, scarring, disfigurement, and pain and suffering.
Contact an Experienced DWI Accident Lawyer
At Ceja Law Firm PLLC, our experienced drunk driving accident lawyers will carefully investigate your case and identify all of the at-fault parties so we can seek to hold them accountable. If a drunk driver in Houston has injured you or your loved one, contact us today to schedule your free initial consultation to discuss your case.