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Drunk Driving Accidents - Austin Lawyer for Drunk Driving Accident Victims

Austin Lawyer for Drunk Driving Accident Victims

Accidents can hurt you both physically and financially.  We simplify the process to get you recovered physically and financially, so that you can get your life back on track.  Jason S. English represents good people who were injured in accidents with drunk drivers.   

If you were in an accident in Austin where the driver was drunk and arrested for DWI, you need to contact our office for help in a frustrating situation.  According to the National Highway Traffic Safety Administration … “Every day, almost 29 people in the United States die in alcohol-impaired vehicle crashes—that's one person every 50 minutes in 2016. Drunk-driving fatalities have fallen by a third in the last three decades; however, drunk-driving crashes claim more than 10,000 lives per year.”  According to TXDot there were over 1000 DUI Alcohol crashes in Austin alone in 2020.  These crashes could have easily been avoided by someone using rideshare or using a designated driver.

HOW CAN I RECOVER AFTER BEING HURT BY A DRUNK DRIVER?

Recovery of your damages and injuries is based upon proving the liability of the drunk driver beyond a preponderance of the evidence for their negligent or intentional conduct – this is the basis of Personal Injury Law.  In addition to the drunk driver, we may need to look to any bar or restaurant to see if they overserved the driver.  If we find that an establishment serves alcohol to a person who is obviously intoxicated, the establishment may be responsible for the injuries and damages caused by the drunk driver. 

These drunk driver wrecks can devastate you physically and financially.  It can be that much more frustrating for you, as you now have to deal with being injured, focusing on your recovery, time not working, getting your bills paid, fighting with insurance, and either getting your car fixed or having to get a new one.  As with other accidents, you could be dealing with the effects of this wreck for a long time, if not for the rest of your life.  Head, neck and back injuries are nothing to play with; you need to see a medical doctor immediately after any serious accident.  You may have lost wages creating a financial problem while receiving expensive medical bills every time you check your mail.

Accident cases can be tough to resolve fairly and properly, and you end up fighting for fair value with the insurance company.  Be aware that if they are successful in getting you to settle for a quick low amount, that you will not be able to recover for any future problems and medical needs later down the road.  As a result, any future expenses will be paid out of your pocket after you settle with insurance.  It is important to have a skilled attorney investigate the accident and look for all the liable parties to be held accountable for your injuries and damages.  Simply, hiring the right attorney will help you recover the compensation for you and your future. 

WHAT SHOULD I DO AFTER BEING HIT BY A DRUNK DRIVER

No one typically reads or reviews what to do when involved in a drunk driving accident because no one ever plans on being the victim.  However, let us simplify your to-do list. 

  1. Call the Police. You will need to get law enforcement to the scene to investigate the accident ASAP as a person's body metabolizes alcohol – so important evidence that you and your claim deserve to be fully investigated and documented is actively disappearing over time.  Get the investigator's card and follow up to obtain the police report.  If you are obtaining them via an open records request, be sure to also request all of the various video footage from officer's body worn cameras, in addition to the in-car cameras. 
  2. Don't Admit Fault – Good people often apologize for situations that are not their fault to show empathy or make a rough situation better. Unfortunately, even a simple, “I am sorry” can be used against you by the insurance company to attribute fault and lessen the value of your claim.
  3. Take Pictures if you can. Pictures are worth a thousand words and thousands of dollars in recovery too.  These pictures can often refute people's memories, beliefs, or opinions and they have no bias or prejudice.  They simply show what they show.  Take as many pictures of the cars from all angles at the scene before any vehicles are moved.  If you can't, ask another witness on the scene to take pictures and send them to you now. 
  4. Exchange all contact and insurance information. Make a point to use your phone and take pictures of the other person's driver license, insurance card and car showing the license plate.
  5. Go to the Hospital to Get Checked Out – if you don't go in an ambulance or have someone take to you the emergency room, go see your doctor ASAP to evaluate your injuries. It is important to receive the proper medical treatment so that you can physically recover from the accident.  Also, it is common for a person to initially not believe that they need any medical help until they wake up the next day or find that normal activities now either hurt or can't be done. 
  6. Call us on your case today and Let your insurance company know of the accident. Be sure to talk with a lawyer before you talk in depth or give any statement. Don't accept any settlement offers, as you need to know the value of the claim for injuries and damages now and in the future.  These cases need to be investigated by experienced attorneys, and not just rely on what you see in any police accident or crash report.  Also, we still will need to establish liability for the accident on the other driver; drunk drivers are not automatically presumed to be at fault.
  7. Organize any and all expenses. Keep track and document all expenses for things that relate to the accident.  Include not just medical care and prescription costs, but any expenses that comes as result of not being able to drive or having to hire out people to replace you in taking care of your normal activities.  Also, track any losses financially for taking time off due to the accident.   
  8. Focus on healing and recovery while our office does the fighting on your case.

WHAT TO EXPECT AFTER A DRUNK DRIVING ACCIDENT?

The insurance company for the drunk driver will investigate the wreck and try to settle quickly for as little of money possible.  Insurance adjusters are trained and employed to settle claims for as little of compensation as possible.  A lot of the time the settlement offer will not even cover all of your expenses.  Sometimes the drunk driver will not have any or enough insurance for you to fully recover.  In those situations, you will need to exhaust the other insurance before being able to look at your own insured or underinsured insurance coverage to make a full recovery.  Your best interests and future truly depend on working with a skilled attorney who will keep you from being taken advantage of, while maximizing the settlement amount. 

HOW MUCH TIME DO I HAVE TO FILE A LAWSUIT AGAINST THE DRUNK DRIVER?

The State of Texas sets out certain laws and requirements you must follow to recover from the drunk driving accident.  Any lawsuit for personal injuries such as your car wreck must be filed within a specific period of time.  In Texas the applicable Statute of Limitations for filing a lawsuit for the wreck that you were injured in is two years from the date of the accident.  If you fail to file suit during the Statute of Limitations period, you can pretty much guarantee that you will be barred from recovering anything on your suit.  While having two years to think about it may not make your claim feel like a priority, you really need to talk with a lawyer today on your case, as evidence can deteriorate and memories fade over time. 

HOW MUCH IS MY DRUNK DRIVING ACCIDENT CASE WORTH?

Change the facts, you change the answer.  Every car accident case will rely on the specific facts involved.  You will need to prove liability on the other driver for the accident and you will need to prove that you have damages that actually relate to the case.  These damages can be many different categories of injuries.  There are economic damages that are easily identifiable and quantifiable in terms of a dollar amount like expenses for medical treatment and care, as well as, loss of income or earning potential, both now and future.  Non-economic damages include pain and suffering, emotional distress and other damages.  In basic terms, any recovery amount will be based upon the amount of verified costs/losses or injuries that occurred. 

CALL US NOW TO TALK ABOUT YOUR BEST PLAN FOR SUCCESS AFTER BEING INJURED BY A DRUNK DRIVER.

Most people don't want to trust their financial future after an accident to a DIY with some insurance company.  Sleep better knowing that you are going to be guided by a competent, trusted advisor who knows how to handle Drunk Driving Accident Injury cases in Austin, Texas.  We have spent years litigating drunk driver cases, learning and using the legal and factual standards of intoxication and how such negative impacts the operation or driving of vehicles. 

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