San Antonio DUI Accident Lawyer
Can I Sue a Drunk Driver in Texas?
In Texas, if you are injured by a drunk driver, you have the right to sue for damages.
Our DUI accident attorneys in San Antonio can help you file a drunk driving accident claim to pursue compensation for your losses. This compensation can cover medical bills, lost wages, pain and suffering, and more.
What is a DUI Third-Party Injury in San Antonio?
A DUI third-party injury in San Antonio refers to injuries sustained by innocent individuals in a car accident caused by an intoxicated driver, as drunk driving accidents often result in severe harm to drunk driving accident victims who were not at fault. In drunk driving accident cases, a San Antonio personal injury lawyer can help the victims recover compensation for the injuries sustained.
What are the Drinking and Driving Laws in Texas?
The legal limit for blood alcohol content (BAC) is 0.08% for drivers over 21, with zero tolerance for intoxicated driving for those under 21.
If police officers suspect you are drunk driving, they can perform a sobriety test to assess impairment. Failure by a drunk driver results in severe legal consequences, including fines, driver’s license suspension, and jail time, especially if the drunk driver causes a car crash.
Texas Dram Shop Act
The Texas Dram Shop laws hold bars, restaurants, and other establishments accountable if they serve alcohol to visibly intoxicated individuals who then cause harm to others.
Texas Alcoholic Beverage Code Chapter 2 states that if a drunk driver injures someone in a drunk driving accident after being over-served, the victim can sue the establishment for damages.
Texas Dram Shop Limits
The Texas Dram Shop laws limit the circumstances under which an alcohol-serving establishment can be held liable for damages caused by a drunk driving accident.
Specifically, to hold an establishment liable, your San Antonio DUI accident lawyer must prove that the establishment served alcohol to a person who was obviously intoxicated to the extent that they presented a clear danger to themselves and others and that this intoxication was the proximate cause of the damages suffered.
Additionally, there is a statute of limitations for filing such claims, which is typically two years from the date of the incident. Texas law also caps the amount of damages that can be awarded in such cases, aligning with general tort law limits to prevent excessive liability on establishments.
Who Can Be Sued in a Dram Shop Case in Texas?
In a Dram Shop case, the primary parties that can be sued are the establishments that serve alcohol. These entities can be held liable if they serve alcohol to a visibly intoxicated person or a minor who then causes harm in drunk driving accidents.
Under certain circumstances, individual employees who served the alcohol may also be named in the drunk driving or wrongful death lawsuit if their actions directly contributed to the intoxication and subsequent harm.
Common Injuries in Drunk Driving Accidents
Drunk driving accidents often result in serious injuries due to the impaired driver’s reduced reaction time and poor judgment.
In such a drunk-driving car accident, victims can suffer from broken bones, traumatic brain injuries, spinal cord injuries, internal organ damage, or wrongful death, among other serious injuries.
Our experienced San Antonio drunk driving accident lawyers assist victims in filing a personal injury claim to pursue compensation for medical bills and other expenses related to the injuries sustained, helping to ease the financial burden of recovery.
Fatal Car Accidents Caused by Drunk Drivers in San Antonio
Fatal car accidents caused by drunk drivers are tragic events that leave families devastated by the sudden loss of a loved one.
In the aftermath of a fatal DUI crash, San Antonio wrongful death lawyers can assist families in filing a wrongful death lawsuit to seek justice and compensation for their profound loss. Our DUI accident attorney team gathers evidence to establish the liability of the drunk driver and pursue maximum compensation for funeral expenses, lost income, and emotional suffering.
Hit and Run Accidents Caused by Drunk Drivers in San Antonio
Hit-and-run accidents caused by drunk drivers are particularly devastating, leaving the accident victim to deal with severe injuries and uncertainty.
In this type of DUI accident case, the drunk driver not only causes harm but also flees the scene, complicating the pursuit of justice. DUI crashes of this nature often involve significant criminal charges against the drunk driver, as well.
Our San Antonio hit-and-run lawyer group helps drunk driving accident victims secure compensation for their injuries and helps to ensure the DUI driver is held accountable for their part in the car accident.
Motorcycle Accidents Caused by Drunk Drivers in San Antonio
Motorcycle accidents caused by drunk drivers can result in severe injuries and devastating consequences for victims. When a drunk driver causes such an accident, the resulting injuries can be catastrophic due to the vulnerability of motorcyclists.
A San Antonio motorcycle accident lawyer can provide invaluable assistance in these situations. By leveraging their legal knowledge, our San Antonio drunk driving accident lawyer group helps ensure that the responsible DUI driver is held accountable while securing the financial support needed for medical expenses, lost wages, and other damages sustained in the accident.
Substance & DUI Truck Accidents in San Antonio
According to the Federal Motor Carrier Safety Administration, truck drivers with a Commercial Driver’s License (CDL) cause over 400,000 collisions yearly, resulting in more than 4,800 fatalities nationwide. Additionally, 5% of all fatal truck accidents involve substance use.
Injured victims of these accidents often suffer from serious injuries, facing extensive medical bills and long recovery times.
A San Antonio truck accident lawyer can pursue financial compensation for the victims by establishing liability and negotiating with insurance companies. Our drunk driving accident lawyer group helps ensure injured victims receive the support they need to recover and hold the responsible parties accountable.
How Our San Antonio Drunk Driving Accident Lawyers Can Help Your DUI Accident Claim
At Janicek Law, our San Antonio drunk driving accident lawyers are dedicated to helping you with DUI accident claims. With a skilled DUI attorney by your side, you can effectively navigate the challenges of your car accident claim, ensuring that your rights are protected.
Our drunk driving accident attorneys work diligently to gather evidence, establish liability, and negotiate with insurance companies to seek maximum compensation for injuries and damages.
Whether you were a driver, passenger, or pedestrian involved in a car accident caused by an impaired or drunk driver, our team is committed to securing the justice and financial relief you deserve.
Determining Liability in Drunk Driving Accidents
Determining liability in drunk driving accidents involves a thorough investigation to establish fault and responsibility.
Our San Antonio DUI accident lawyer team will comb through evidence to prove the defendant was driving under the influence, such as blood alcohol content results, eyewitness testimonies, and the police report. Additional aspects like traffic camera footage of the DUI crash, car crash reconstruction, and the driver’s prior DUI history can also play crucial roles.
Establishing liability is essential for pursuing personal injury claims, as it directly impacts the legal outcome and potential damages awarded to the victims.
A San Antonio car accident lawyer is instrumental in thoroughly examining all evidence to build a strong DUI accident case against the at-fault party, ensuring accountability and justice for the injured parties.
Drunk Driver Negligence
Our San Antonio DUI accident attorney team determines drunk driver negligence by assessing the evidence to demonstrate that a person driving under the influence failed to exercise reasonable care while operating a motor vehicle. Key indicators include blood alcohol content levels exceeding the legal limit, erratic driving behavior observed by witnesses, and results from field sobriety tests conducted by law enforcement.
Dram Shop Liability in San Antonio
Under dram shop laws, if an intoxicated customer leaves an establishment and injures someone in an accident, the injured party can pursue compensation from the establishment in addition to the intoxicated individual.
With extensive experience in dram shop liability cases, our drunk driving accident lawyers in San Antonio will determine all liable parties in your DUI accident case.
Providing Alcohol to a Minor
If a minor, after consuming alcohol, causes harm to themselves or others, those who provided the alcohol can be held legally responsible for the resulting damages. This can include criminal charges and fines under criminal law. Under dram shop liability, the establishment or social host can face civil liability for injuries and DUI crashes caused by the intoxicated minor.
Providing Alcohol to a Minor
Filing a San Antonio Drunk Driving Accident Lawsuit
Most DUI accident claims begin with consulting a skilled drunk driving accident lawyer to assess the merits of your civil claim. Gathering evidence, witness statements and medical records is essential to establish the drunk driver’s negligence.
From here, our DUI accident lawyers will file the lawsuit for the drunk driving accident claim within the required statute of limitations, negotiate with applicable insurance companies, and, if necessary, represent you in court to achieve a favorable outcome.
Compensation for Injury Victims in San Antonio Drunk Driving Crashes
Compensation for personal injury victims in drunk driving crashes aims to ease the extensive physical, emotional, and financial burdens they face.
In personal injury cases, victims can seek damages for medical treatments, lost income, pain and suffering, and rehabilitation costs.
A skilled San Antonio drunk driving accident lawyer can assist victims with the legal process by collecting essential evidence and building a strong DUI accident case to ensure they receive the maximum compensation for their injuries and losses.
What is the Average Settlement for a Drunk Driving Accident in Texas?
The average settlement for a drunk driving accident in Texas can vary based on the specifics of each case, including the severity of injuries, the extent of property damage, and the circumstances surrounding the car accident. Factors such as medical expenses, lost wages, pain and suffering, and potential punitive damages all play a role in determining the settlement amount.
For a better estimate, contact our drunk driving accident attorneys in San Antonio for a free consultation.
Will Car Insurance Pay for a Car Totaled in a DUI Accident?
If you were not the at-fault driver in a drunk driving accident, the drunk driver’s insurance company should cover the cost of your totaled car.
In drunk driving cases, insurance companies are responsible for compensating the damages caused by the intoxicated driver. You can file a claim with their insurance company to seek compensation for your vehicle and any other related expenses, such as medical bills and lost wages.
Consulting with a personal injury attorney can also help ensure you receive the full compensation you deserve. Our DUI accident lawyer group has extensive experience holding insurance companies accountable after drunk driving crashes.
Statute of Limitations for Drunk Driving Accident Claims in Texas
In Texas, the statute of limitations for filing a claim related to drunk driving car accidents is generally two years from the date of the incident or two years from when the personal injury should have reasonably been discovered. This timeframe applies to any personal injury claim and wrongful death lawsuit stemming from a DUI accident. Victims or their families must take legal action within this period to preserve their right to seek compensation.
Drunk Driving Accident Lawyer San Antonio, TX
If you or a loved one has been injured by someone driving under the influence, don’t wait to seek the justice and compensation you deserve.
As one of San Antonio’s most respected law firms, Janicek Law is dedicated to providing personalized and aggressive representation for victims of DUI accidents. Our experienced San Antonio DUI accident attorneys will fight tirelessly to hold the responsible parties accountable and secure the maximum compensation for your injuries.
Call 210-366-4949 or contact us online to schedule a consultation with an experienced DUI accident lawyer from our law firm.
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