Pascoe Law FirmDUI ACCIDENT LAWYER
Principal office located in Friendswood, Texas.
Available to service League City, Webster, Pearland, Galveston, and the surrounding areas within Texas.
Fort Bend County DUI Accident Lawyer
Proudly Servicing Fort Bend County TX
When a drunk driver is clearly at fault for an accident, it should be a simple matter to recover damages. However, insurance companies have their own bottom line in mind. They typically fight to pay out as little as possible, even on a drunk driving accident claim. If you have been the victim in a drunk driving accident, the insurance company may try to blame you. They may claim that you were partially or totally to blame for the accident. The insurance company will try to minimize the value of your claim. Our experienced Fort Bend County DUI accident lawyer can negotiate skillfully with insurance companies on your behalf or fight for your rights in court if necessary.
How Common are Alcohol-Related Traffic Accidents
Traffic accidents related to alcohol and drugs are incredibly common in America, especially Texas. Millions of people are pulled over for driving under the influence each year. This equates to thousands of accidents, deaths, and injuries. Texas unfortunately has a large portion of this trend. Here are some more pertinent facts on alcohol-related traffic incidents.
- Since 1980, the number of deaths related to drunk driving has been reduced by almost 50%.
- Drunk driving costs the American economy hundreds of billions of dollars every year.
- Drunk driving deaths normally occur at night and during the weekend.
- Receiving a DUI can cost you as much as $20,000 for legal and other fees.
- Each year, America suffers 10,000 deaths due to intoxicated driving.
- Intoxicated driving accounts for nearly 20% of all childhood deaths.
- Around 1 million people are pulled over and arrested for driving under the influence.
- The police are only able to capture about 1% of all intoxicated drivers.
- Nearly 500,000 people drive under the influence daily.
- Repeat offenders make up 33% of all those caught for driving while intoxicated.
Pursuing Compensation for Injuries Caused by a Drunk Driver
Can I sue the Intoxicated Driver if I am Injured due to Their Negligence?
Yes, Texas law allows claims for damages arising out of drunk driving accidents. The victims can bring either negligence or wrongful death lawsuits. The former state claims for unreasonable conduct that damages plaintiffs. The latter describe actions for the harm and loss following a death. Both forms of cases compensate plaintiffs for economic and non-economic injuries. The specific recovery available depends on the incident. Here is a checklist to see if you can bring a lawsuit against an intoxicated driver.
- Was the driver driving under the influence?
- Were you injured in the accident?
- Was someone else responsible for the incident?
- Were you at all responsible for the incident?
- Did you suffer actual economic or non-economic damages?
- How Long do I Have to File a Lawsuit Related to Injuries Sustained in a Drunk Driving Accident in Texas?
Prominent Role of Alcohol in Texas Traffic Accident Cases
Damages You May Claim Due to Fatality Related to a Fatal DUI Accident Under Texas Law
Before seeking financial recovery for your damages, you will need to meet with your attorney to determine which of the deceased victim’s family members have the right to pursue a lawsuit. The damages sought for wrongful death will then depend on factors which include the following.
- Whether the victim provided financial support to his or her family. If the victim was a breadwinner, then surviving family members are usually entitled to receive compensation that will replace a lifetime of income that the deceased victim can no longer earn.
- The loss of consortium. This is the legal term for the companionship or love that the deceased loved one can no longer provide due to the recklessness or negligence of the driver at fault for the accident. This loss takes a toll on all of those who loved or respected the individual who has passed.
- Medical bills and funeral costs. If your loved one was treated for injuries in an attempt to save his or her life, the financial recovery should include the cost of these services as well as funeral and burial expenses.
- Punitive damages. Driving while drunk or under the influence of drugs is a crime that has no excuse. When this criminal action results in the death of an innocent victim, it is not unreasonable to demand that the offender be punished. Punitive damages involve financial recompense awarded to the victim’s family in addition to the damages that are typically sought in lawsuits. Jury award punitive damage to punish the defendant for actions which are especially deplorable and out of line.
For more information, please visit our fatal DUI accident page.
Texas Wrongful Death DUI Accident Lawyer
Tough Legal Advocates for Drunk Driving Victims
Alcohol Impaired Car Accident Data Texas
Texas and U.S. Drunk Driving Statistics
Dram Shop Laws in Texas
Under state dram shop law, you may be able to hold an establishment liable if you can prove that:
- The establishment served alcohol to the driver
- The driver caused the accident in which you were injured
- The establishment was the proximate cause of the driver’s intoxication
- The driver’s intoxication was a major cause of your injuries
Our experienced Fort Bend County dram shop liability lawyer can help you recover the compensation you deserve; contact us today to learn more.
(a) This chapter does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage.
(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:
(1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
(c) An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if:
(1) the adult is not:
(A) the minor’s parent, guardian, or spouse; or
(B) an adult in whose custody the minor has been committed by a court; and
(2) the adult knowingly:
(A) served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or
(B) allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.