Why Victims Need to Sue Drunk Drivers
East Texas Drunk Driving Accident Attorney on Your Rights and Options
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. 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.
Is a DWI or DUI a felony?
Some are, and 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.
Do I Need to File a Lawsuit if the Drunk Driver Was Arrested?
The victims of drinking and driving accidents 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 is to file a civil case with a private attorney.
A criminal charge or conviction for drunk driving does 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 individuals and businesses accountable for the medical costs, lost income and other expenses that they could have to deal with as a result of the incident.
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.
Finally, 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.
Free Consultation with a 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 us or someone we love. That is why when we take you on as a client, we fight for you as if we were fighting for ourselves and our own families.
Don’t hesitate to call us. Even if you do not choose to speak with us, you do need to discuss your situation with an experienced drunk driving accident attorney as soon as possible after the incident. 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. We respect that, but you still owe it to yourself to get all the information you need before you make a decision that will impact your and your family’s future in a big way. 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.