In Need of a Drunk Driving Accident Attorney in Houston?
Drunk driving accidents can be traumatic, but taking the appropriate steps can help protect your well-being and legal rights. Consulting with legal professionals who are well-versed in handling drunk driving accident cases can be crucial in ensuring you receive the compensation you deserve and holding the responsible party accountable.
Have you recently been harmed by a drunk driver? If this is the case, you’re entitled to compensation. Reach out to one of our drunk driving accidents attorneys in Houston without delay.
What is Considered Drunk Driving in Houston, Texas?
In Houston, Texas, as well as throughout the state, driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense. The legal blood alcohol concentration (BAC) limits that determine if a driver is considered legally impaired are as follows:
- DUI for Minors (Under 21):
- For individuals under the legal drinking age of 21, any detectable amount of alcohol in their system can lead to a DUI charge. Texas has a “zero tolerance” policy for underage drinking and driving.
- DWI for Adults (21 and Older):
- The legal limit for adult drivers aged 21 and above is a BAC of 0.08%. If a driver’s BAC exceeds this limit, they may be charged with DWI.
It’s important to note that the legal definitions and penalties for drunk driving can change over time, and specific circumstances might lead to enhanced charges. Penalties for DUI and DWI offenses can include fines, license suspension, mandatory alcohol education programs, probation, and even jail time, depending on the severity of the offense and whether the driver has prior DUI/DWI convictions.
Does a Drunk Driver Have to Be Arrested for a Personal Injury Case to Be Successful?
No, a drunk driver does not necessarily have to be arrested for a personal injury case to be successful. While a drunk driving arrest can provide strong evidence of negligence and liability in a personal injury case, there are other ways to establish a successful case even if the driver was not arrested at the scene.
In a personal injury case involving a drunk driver, the key factor is proving negligence, which generally involves showing that the driver breached their duty of care by driving under the influence and that this breach directly caused the injuries or damages. Here are some ways a successful personal injury case can be built, even without a DUI arrest:
- Evidence of Intoxication: Even without an arrest, evidence of the driver’s intoxication can be presented. This can include witness statements, video footage, photographs of the scene, and testimony from law enforcement officers who responded to the scene.
- Blood Alcohol Content (BAC) Test Results: If a BAC test was conducted at the scene or later at a medical facility, the results can serve as evidence of intoxication, even if the driver was not arrested immediately.
- Field Sobriety Test Results: If the driver performed poorly on field sobriety tests administered by law enforcement officers, these results can be used as evidence of impairment.
- Medical Records and Expert Testimony: Medical records detailing the injuries sustained in the accident can help establish the connection between the accident and the driver’s negligence. Expert testimony from medical professionals can also support this connection.
- Eyewitness Testimonies: Eyewitnesses who observed the driver’s behavior, noticed signs of intoxication, or saw the accident occur can provide valuable testimony in court.
- Violation of Traffic Laws: If the drunk driver violates traffic laws leading up to the accident (e.g., running a red light, speeding), this can contribute to establishing negligence.
While a DUI arrest can strengthen a personal injury case, it’s not the sole determining factor. The overall goal is to prove that the driver’s negligence, including driving under the influence, directly led to the accident and resulting injuries. To build a strong case, it’s recommended to consult with a qualified personal injury attorney who can help gather evidence, assess liability, and guide you through the legal process.
What Should I Do After Being Injured in an Accident Caused by a Drunk Driver in Houston?
If you’ve been injured in an accident caused by a drunk driver in Houston, it’s important to take certain steps to protect your well-being and your legal rights. Here’s what you should do:
- Seek Medical Attention: Your health and safety are top priorities. If you or anyone else involved in the accident has sustained injuries, seek medical attention immediately. Follow medical advice and attend all necessary appointments to document your injuries.
- Contact Law Enforcement: Call the police to the scene of the accident. They will create an official accident report, which can serve as valuable evidence in your case.
- Gather Information: If you’re able to do so safely, collect information from the drunk driver, including their name, contact information, insurance details, and license plate number.
- Document the Scene: Take photos and videos of the accident scene, including vehicle damage, road conditions, skid marks, traffic signs, and any visible injuries. These visual records can be crucial for your case.
- Collect Witness Information: If there were witnesses to the accident, obtain their contact information. Their statements can support your account of what happened.
- Do Not Discuss Fault: Avoid discussing or admitting fault at the accident scene, even if you believe the drunk driver was responsible.
- Avoid Settlement Offers: Refrain from accepting any settlement offers from insurance companies before consulting an attorney. These offers may not fully cover your expenses and losses.
- Report to Your Insurance: Notify your own insurance company about the accident, but avoid giving detailed statements until you’ve spoken with an attorney.
- Consult a Personal Injury Attorney: Reach out to an experienced personal injury attorney who specializes in accidents caused by drunk drivers. They can provide legal guidance, evaluate your case, and help protect your rights.
- Preserve Evidence: Keep all documents related to the accident, including medical records, police reports, and communication with insurance companies.
By taking these steps, you can protect your physical well-being and increase your chances of pursuing a successful personal injury claim against the drunk driver who caused your accident.
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Contact Our Houston Car Accident Attorneys Today
Next, contact our car accident attorneys in Houston, Texas at Hollingsworth Law Firm today by calling (713) 637-4560 to learn more about your legal rights and options to hold the negligent driver liable for your complete recovery needs.
We provide free consultations for all car accident cases in Houston, Texas, and never charge any legal fees unless we deliver a positive outcome for your unique case.
