Katy Drunk Driver Accident Lawyer

Anytime someone hits another individual with their car, that individual has the right to file a car accident injury lawsuit. If the at-fault party was drunk, that can open up the claim in a few different ways, including as a criminal charge. When you were hurt by someone who disobeyed the law, it pays to speak with a Katy drunk driver accident lawyer about your options.

How Drunk Driving Accidents Are Different

When a drunk driver is involved, the drinking and driving is considered an aggravating factor. It is so egregious that, in every one of those cases, the plaintiff is going to demand policy limits. If they were to take the case to court, they would be entitled to punitive damages. Then there is also a technical issue to navigate: obtaining the required proof (in such as way that it is admissible in court) that the defendant was actually drunk.

Common Fact Patterns

All types of accidents exist involving alcohol and drugs, including rear-end collisions, intersection collisions, the driver falling asleep at the wheel, and the drunk driver being distracted because they cannot devote their attention to driving as they would when they are sober.

Because the driver is often speeding, drunk driving car accident cases in Katy involve some of the most serious injuries, including broken bones, spinal injuries, brain damage, and wrongful death.

Lawyers often find that the defendant had just left a bar before a crash. In Texas, lawyers could look into bringing a Dram Shop liability case against the bar, which means holding the bar responsible for overserving someone who was obviously intoxicated.

What if the Plaintiff Was Also Drunk?

It is not a common situation, but if the injured person were intoxicated and able to drive in a way that meant the accident was not their fault, then it would not be relevant in court.

Texas is a comparative negligence state, which means if the injured party was found to be 10% negligent and the drunk driver was 90% negligent, then the injured party would collect 90% of the damages awarded. A Katy lawyer could collect evidence that attempts to put as much of the blame on the defendant as possible for the drunk driving accident.

Concurrent Criminal Charges

The drunk driver will often be prosecuted by the local authorities and the injured party may not have a choice but to get involved in the criminal proceeding if the district attorney subpoenas everyone with knowledge of the accident. Fortunately, that is not a bad thing for their injury case, because someone being convicted of drunk driving will end up helping the civil claim.

The injured driver does not have to press charges against the drunk driver – the state of Texas will often do that. Sometimes a person admits to them at the scene of the accident that they had been drinking and driving, but the police do not investigate. That evidence would still be admissible in civil court as an admission against interest.

The personal injury case moves forward interpedently of any criminal charge. The insurance company for the defendant’s car is who the plaintiff will be negotiating and settling with, not the specific driver. The criminal proceeding is a whole different matter handled by the state and the plaintiff’s only involvement would be in the event they get subpoenaed as a witness.

File a Civil Lawsuit With a Katy Drunk Driving Accident Attorney

Punitive damages and a criminal charge are possible when someone hits you with a vehicle after they have been drinking. Schechter Shaffer & Harris know how to maneuver these claims and get you the best possible result. Contact us today and connect with a Katy drunk driving accident lawyer.