Can I Sue a Drunk Driver If I Was Injured in a Crash?

 Posted on October 31, 2022 in Car Accident

Alcohol reduces coordination, judgment, and reaction time. It also impairs vision, hearing, and sense of touch. Even a small amount of alcohol can affect driving ability. Most people know that drinking and driving is both dangerous and illegal. Unfortunately, some drivers choose to break the law and drive while intoxicated anyway.

If you or a loved one were involved in a car crash caused by a drunk driver, you may be interested in learning about your legal options. It may be possible to sue the drunk driver and recover compensation for your damages.

Legal Options After a Car Accident Caused By An Intoxicated Driver

Texas law allows individuals to take legal action against a party if that party’s negligent or wrongful actions caused them harm.  If you were involved in a car accident caused by a drunk driver, you can pursue a personal injury claim against the at-fault driver. In order to prevail in court, you will need to prove that the driver’s intoxication was the cause of the accident and that you suffered damages as a result of the crash. Police reports, witness statements, medical bills, and other forms of evidence may be used to establish these facts.

Compensation in a Drunk Driving Accident Claim or Lawsuit

In the context of a legal claim, damages refer to the financial losses suffered by an individual as a result of another party’s negligence. If you win your claim or lawsuit against the drunk driver, you may be awarded compensation for various types of losses, including:

• Property damage – Drunk driving accidents often cause extreme damage to the vehicles involved in the crash. You may be entitled to financial compensation for vehicle repair or replacement expenses. You may also be able to recover compensation for property that was inside the vehicle, such as electronic devices that were destroyed during the collision.
• Medical expenses – You may recover compensation for your medical bills, both past and future. This can include the costs of ambulance transportation, hospitalization, surgeries, medications, physical therapy, and any other necessary treatment.
• Lost wages – If you missed work due to your injuries, you may be able to recover compensation for the wages you did not receive.
• Lost earning capacity – If your injuries resulted in a long-term or permanent disability inability to work, you may be able to sue for the earnings you would have made if you had not been injured. For example, if you can no longer perform your previous job and must take a lower-paying job, you could recover compensation for the difference in your income before and after the crash.

Non-financial consequences caused by a drunk driving crash are often just as life-changing as the financial consequences. You could be entitled to compensation for non-economic damages like:

• Physical pain and suffering – The physical pain caused by injuries sustained in a car accident can be severe and long-lasting. You may be able to recover compensation for the physical pain and suffering you experienced as a result of the crash.
• Mental anguish – A car accident can also cause serious emotional distress. Symptoms of mental anguish may include depression, anxiety, fear, insomnia, and flashbacks. If you can prove that the accident caused you mental anguish, you may be able to recover compensation for your suffering.
• Disfigurement – Disfigurement is a type of injury that causes a physical change to the victim’s appearance. Examples of disfigurement injuries include scars, burns, and amputations. Victims of disfigurement often suffer from emotional distress in addition to the physical pain of their injuries.
• Loss of enjoyment of life – A car accident can have a major impact on your ability to enjoy life’s pleasures. If you can no longer participate in activities that you used to enjoy due to your injuries (sports, hobbies, etc.), you may be able to recover compensation for your loss of enjoyment of life, also known as physical impairment.

Contact a Collin County Car Crash Injury Lawyer

If you or a loved one were hurt in a crash caused by an intoxicated driver, contact Burress Injury Law. Our McKinney personal injury attorneys can help you pursue financial compensation for your damages. Call 214-726-0016 to schedule a free consultation with a member of our team.

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm