If an accident occurs due to the negligence of a DUI driver, settlement of a civil case will most  likely favor the victim of the accident that suffered damages and injuries in civil litigation because of the DUI offender’s criminal actions. Hire an experienced personal injury attorney who is familair with DUI laws to help with insurance claims and legal action toward necessary compensation.

Penalties vary for similar DUI charges and deadly outcomes.

Criminal charges are meant to penalize DUI offenders but outcomes can vary from restoring certain freedoms and stripping an individual of all freedoms after a DUI conviction.  In a recent Edinburg case a man is asking to be able to go back to work as a diesel mechanic after he had been incarcerated for causing the death of an ambulance driver and a transported patient.  By contrast another drunk driver whose passengers died was sentenced to 18 years in jail in Edinburg Texas.  It is very important to have an attorney that takes the criminal charges into consideration when the civil suit begins so that a strong settlement will resolve all expenses and property damage including pain and suffering compensation related to the accident the DUI offender caused.

“At fault” state.

Texas is an at “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident.  A person who is proven to be under the influence of alcohol is negligent of driving in a condition which is not “reasonable” for their safety and others.  This fault will need to be proven in a court of law or addressed at settlement hearings to support the award for the officer who was injured.

Insurance impacts compensation.

Damages cover medical bills, lost wages, and property damages to accident victims.  In Texas, the current minimum liability limits are listed as 30/60/25 coverage, which means that the limits are: $30,000 for each injured person; up to $60,000 per accident; and $25,000 for property damage per accident. Depending on the extent of damage to property, or injuries sustained by a person in an accident, the minimum might not cover the whole recovery amount. If the victim’s injuries or damages exceed the coverage amount of the at-fault driver’s insurance, they can sue the at-fault driver to collect the difference for personal injury claims.

Statute of limitations.

A victim has a limited amount of time to file a lawsuit in Texas for compensation of damages related to a drunk driving car accident where personal injury and property damage occurred. This two-year time frame starts on the date of the accident and allows an individual to file a case related to personal injury and property damage.

Comparative Negligence (51% Rule).

Texas negligence laws stipulate that damages are proportionate to the claimant’s degree of fault, but Texas utilizes the 51% rule, whereby an injured person can be up to 51% responsible for an accident and still collect damages in a Texas personal injury claim but if a driver is more than 51% responsible for the accident, they cannot recover compensation for accident expenses.

Hire an attorney.

Accident damages caused by a DUI offender can be extensive, and it is wise to find an experienced attorney who can help negotiate a settlement that will cover all costs related to injuries sustained, wages lost and personal suffering. Call an experienced attorney at Henrichson Law Firm to assist you through insurance or civil suit claims against a DUI offender in Texas.

 

HENRICHSON LAW PLLC

222 W. Cano St.
Edinburg, TX 78539

Phone: 956-513-0629
Fax: 956-383-3585

 

Sources:

 

TEX. CIV. PRAC. & REM. CODE § 33.011(1)

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

https://www.dmv.org/tx-texas/automotive-law/dui.php