Can I File a Claim Against the Drunk Driver Who Caused My Accident?

East Texas Drunk Driving Accident Attorney on Your Rights and Options

After being injured by a drunk driver, you feel helpless. You should not be in this position. You were responsible. You did not get behind the wheel after drinking. However, you are now struggling with the consequences of a drunk driving accident, because someone else chose to drive after having too many drinks. Maybe a drunk driver’s irresponsibility means that you are now in the hospital or that someone you planned to spend the rest of your life with was taken from you unnecessarily.

Some DWIs are classified as felonies, but some are only misdemeanors depending on the circumstances. Drunk drivers can and should face criminal charges for their actions. However, under Texas law, a driver will likely be charged with a felony if a victim in a DWI or DUI accident suffered severe bodily injury. Whatever the circumstances, injury victims and their families should never be left to watch helplessly as the drunk driver that tore their lives apart escapes justice. The East Texas drunk driving accident attorney Mike Love is dedicated to ensuring that you and your family receive the representation that you deserve.

Do I Need to File a Lawsuit If the Drunk Driver Was Arrested?

You need to speak with a drunk driving accident attorney as soon as possible following the incident. Filing a personal injury lawsuit may seem unnecessary if a criminal case is pending against a drunk driver. However, the only way for victims of car or truck accidents involving drinking and driving can obtain compensation for their losses are to file a civil case with a private attorney.

Photo of a Drunk Driving Accident

Criminal charges or convictions for drunk driving do not provide victims and their families with any compensation to cover the numerous expenses they may be struggling with following the incident, such as:

  • Hospital bills and rehabilitation costs
  • Expenses for an in-home caregiver or nursing home if your injuries prevent you from living independently without assistance
  • Loss of income, because you can no longer work due to accident-related injuries, such as a traumatic brain injury (TBI) or spinal cord injury
  • Funeral and burial expenses in the case of a fatal accident

Unlike a criminal case, a civil lawsuit can help victims and their families hold negligent and responsible individuals and businesses accountable for the medical costs, lost income and other expenses that they could have to face as a result of the incident.

When Should I File My Claim Against the Drunk Driver?

Victims do not have to wait for a criminal case to conclude before pursuing a civil claim, and they should not wait to speak to a private car accident attorney. A benefit to filing a civil lawsuit is that the burden of proof is less than it is in criminal cases. Therefore, it is generally easier for victims in personal injury and wrongful death lawsuits to secure a favorable verdict or settlement than it is to obtain a criminal conviction.

Even if a drunk driver is not charged or convicted of a crime, victims can and should still file personal injury or wrongful death lawsuits against the driver responsible for the wreck as soon as possible. Even in the case of a drunk driver, there are set dates in which

Contact Your Local Drunk Driving Accident Attorney in Texas

Drunk driving accident attorney Mike Love is a native Texan. He cares a lot about both the people within his East Texas community and those throughout the state, because he truly believes we are all in this together. When an innocent person is hurt or killed in a preventable accident, such as distracted driving or drunk driving, Mike Love & Associates, LLC takes it very personally. If it happened to you, it could happen to our loved ones or us. That is why when we take you on as a client; we fight for you as if we were fighting for our own families and ourselves.

Do not hesitate to call us. You may not even think you have a case or you may feel like you do not want to pursue a legal claim even if you do have cause. You can speak with us for free about your situation, and we will answer your questions, tell you whether you have a valid case and present you with the legal options available to you going forward. For more information about drunk driving lawsuits or to set up a free consultation with an experienced drunk driving accident attorney at Mike Love & Associates, LLC, simply give us a call or fill out the online contact form on this page.