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The number of deaths and injuries from drunk driving accidents is far lower today than it was at its peak in the mid-1970s; however, drunk driving accidents are still much too common. If you or a loved one was involved in a drunk driving crash, you can hold the driver responsible for your injuries. Call a drunk driving accident lawyer in Dallas to explore your legal options.
The legal team at Lovins Trosclair has 60 years of combined experience helping injured victims hold negligent and reckless drivers responsible. Let them do the same for you. Call to schedule a consultation today: 214-484-1930.
How common is drunk driving?
According to Mothers Against Drunk Driving (MADD), someone is injured every two minutes in a drunk driving accident. And some people are not so lucky. Twenty-eight people die each day in accidents caused by intoxicated driving.
In Texas alone, 1,446 people died in drunk driving crashes during 2014. This means that 41 percent of drivers who caused fatal crashes in the state were over the legal limit at the time of the accident. An additional six percent had a blood alcohol level between .01 and .07, meaning they were “buzzed.”
According to MADD, 28.7 million people admitted to drinking and driving in 2013 alone. That number is higher than the population of our entire state.
Can I recover compensation after a Dallas drunk driving accident?
Yes. The state of Texas requires all motorists to carry liability coverage to protect other drivers in the event they cause a crash. The Texas auto insurance laws call for a minimum of:
- $30,000 liability coverage per person
- $60,000 liability coverage per accident
- $25,000 property damage coverage
This means the drunk driver who hit you should have at least $30,000 to pay for your medical treatment and lost wages, and $25,000 to repair or replace your vehicle. Many drivers have insurance coverage that exceeds these minimum limits, however.
If the insurer refuses to offer you a fair settlement, we can help you file a lawsuit against the driver.
What if the drunk driver is uninsured or underinsured?
If the driver has past DUI convictions, s/he may not have a license or carry the required liability insurance. This does make it more difficult to collect the compensation you need, but not impossible.
Your best bet in this case is to file a claim based on your own personal injury protection or uninsured or underinsured motorist coverage. This coverage allows you to collect for medical care, lost wages, pain and suffering, and more, up to the limits of your policy.
In Texas, you must opt out of these three types of optional coverage in writing. This means that you may carry any or all of these as a part of your auto insurance policy and not even know it.
Lovins Trosclair can help you understand your options for compensation after a Dallas drunk driving crash. If the drunk driver failed to carry the proper liability insurance to cover your losses, we can work with you to obtain the maximum possible payout in your case.
How do I prove fault for the accident?
In order to win compensation in a third-party liability claim or personal injury lawsuit, you must show the other driver acted negligently. There are four primary elements to negligence:
- The driver had a duty to drive according to certain laws, including driving sober
- The driver failed to uphold this duty by driving drunk
- The driver’s actions caused the crash
- The crash caused your injuries and other damages
Obviously, the blood alcohol test results and the accident report will provide h2 evidence to show the drunk driver caused your crash. However, if this is not enough or if the insurer is disputing fault, you may want to consider collecting the following:
- Eyewitness statements
- Accident reconstruction reports
- Videos, pictures, and other documents from the scene
- Expert witness testimony
If the state finds the other driver guilty in a criminal case, you can also use that as evidence of negligence. However, just like in every type of car accident, the insurer will likely try to claim that its insured was not at fault for the accident. We know all the tricks insurers use and have dedicated our careers to defending our clients against them.
We will manage communication and negotiations with the insurer to ensure you recover the highest amount possible for your accident.
What types of damages can I recover?
After a Dallas drunk driving crash, you can frequently recover a wide range of damages by filing a third-party liability claim or a personal injury lawsuit. These damages may include:
- Cost of medical treatment for your injuries
- Cost of rehabilitation and physical therapy
- Ongoing care costs
- Past and future lost wages
- Repair or replacement of your vehicle
- Cost of renting a car
- Pain and suffering
To prove you sustained damages, you need to provide evidence such as medical bills, medical records, w-2s, pay stubs, testimony from family members and friends, etc.
How can Lovins Trosclair help me?
Lovins Trosclair works to help our clients hold drunk drivers liable for the physical, emotional, and financial damages they cause. Our Dallas office will manage your claim from start to finish and help you get the compensation you deserve for your injuries, through any legal channels necessary.
Call us today at 214-484-1930 to see how we can help protect your family’s financial and emotional health.