Texas has one of the worst records when it comes to alcohol-related traffic deaths in the whole country. Driving fatalities caused by driving under the influence (DUI) make up a significant percentage of total motor vehicle deaths in the state.
Drunk driving car accidents in Austin can cause significant injuries. A car crash lawyer from Fleming Law Accident & Injury Attorneys can discuss your rights, give you legal advice about how much your case might be worth, and handle all the insurance communications and paperwork on your behalf.
Texas Penal Code § 49.04 makes it illegal to operate a motor vehicle in a public place while intoxicated. In Austin, a person causing a car accident DUI generally faces both criminal charges and civil liability. Although a criminal conviction is not required for a person injured in a crash to pursue a lawsuit, it can increase the likelihood of a successful outcome.
Texas also allows punitive damages—compensation for pain and suffering—in many personal injury lawsuits. As the name suggests, these damages are meant to punish the wrongdoer and deter similar conduct.
After a drunk driving accident in Austin, the insurance company will likely contact you to offer a quick settlement. However, it is essential to talk to your lawyer first, as several mistakes could reduce your ability to recover the compensation you are legally entitled to receive. Mistakes may include giving a recorded statement without talking to a lawyer, skipping medical appointments, acting contrary to your doctor’s advice, or accepting an early settlement without knowing the full extent of your injuries, as it is easy to underestimate any lifetime medical costs.
These errors may seem minor, but insurance adjusters are trained to use them to minimize payouts, while also downplaying the driver’s impairment or attempting to shift blame. In some cases, additional parties, such as bars or restaurants that overserved the driver, might also be liable under Texas law. To cover all eventualities, consulting with a lawyer before speaking to the insurer is highly recommended.
The short answer is yes, as a criminal conviction is not required to win a civil case. In Austin, the standards for proving guilt in criminal court and liability in civil court are different, so even if the drunk driver was not charged or was acquitted, you can still demand compensation for your accident injuries. Your attorney will need to prove that the other driver was negligent, which can be done in various ways.
Fleming Law Accident & Injury Attorneys has built a reputation for skilled and ethical representation in personal injury lawsuits throughout Texas. With board-certified attorneys, direct access to the lawyer handling your case, and a proven track record of significant results, our firm provides a service that few others can match.
Our lawyers have over 30 years of experience handling personal injury cases involving DUI drivers. Our legal team has secured multi-million-dollar results for clients while maintaining the highest ratings in ethics and legal ability, including a 10.0 Avvo rating and AV Preeminent designation from Martindale-Hubbell.
The injuries caused by drunk driving car accidents in Austin can have a significant impact on you and your loved ones. Our attorneys are here to support you and secure maximum compensation for you. To schedule a free case review and legal consultation, contact our team today.
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