Fort Worth Drunk Driving Accident Lawyer

You may be eligible to file a wrongful death claim if a family member has been fatally injured in a DWI accident. Generally, immediate family members, such as spouses, children, or parents of unmarried children, can pursue this legal action. By filing, you can seek compensation for funeral costs, expected income loss, medical expenses, and non-economic damages like loss of companionship.

However, there’s a time limit for filing these claims, known as the statute of limitations. It’s essential to prove the DWI driver’s fault and the direct link to the death of your loved one. Given the complexity of these cases and the emotional challenges, enlisting personal injury lawyers can be invaluable. While no compensation can replace your loved one, a wrongful death claim can offer financial relief and hold the negligent driver accountable.

If the DWI driver’s insurance company approaches you with a settlement offer, it’s essential to approach the situation cautiously. While a quick resolution might be tempting, accepting or negotiating without legal representation is often not in your best interest. Insurance companies aim to minimize payouts; without proper guidance, you might inadvertently compromise your claim.

The initial settlement offer may undervalue the true extent of your injuries and damages. Experienced Fort Worth drunk driving accident lawyers, like those at Allbee Law Firm, can evaluate the settlement offer’s fairness, considering all relevant factors, and ensure you’re appropriately compensated. Before making any decisions, it’s wise to consult with an experienced Fort Worth personal injury attorney to safeguard your rights and interests.

If the drunk driver who caused the auto accident is a minor, the legal ramifications and procedures can differ from drunk driving cases involving adult drivers.

Texas Juvenile Justice System

Minors involved in drunk driving offenses in Texas typically enter the juvenile justice system, prioritizing rehabilitation over punitive measures.  

Depending on the accident’s severity and whether the minor has prior offenses, they may face probation, mandatory alcohol education programs, community service, or even detention in a juvenile facility.

Parental Liability

Under Texas law, parents may be held financially accountable for damages resulting from their minor child’s negligent or willful misconduct in certain circumstances. If the minor was driving a vehicle owned or provided by the parents, this increases the likelihood of parental liability.

Civil Suit For Damages

The injured party can still pursue a civil lawsuit against the minor’s insurance policy. If the policy limits are insufficient or the minor was uninsured, the victim might also consider legal action against the parents or guardians, especially if they provided the vehicle.

Texas Dram Shop Laws

If an establishment or individual provided alcohol to the minor, they might be liable under Texas’s dram shop laws, particularly if they were intoxicated at the time.

Insurance Implications

A car accident caused by a minor, especially a drunk driving-related one, may lead to heightened insurance premiums for the family or even potential cancellation of their policy.

License Consequences

In Texas, minors convicted of drunk driving face stringent consequences concerning their driving privileges. They might experience a longer suspension period, mandatory installation of an ignition interlock device, or requirements to complete alcohol education courses before reinstatement.

If the drunk driver was also injured in the accident, they might attempt to sue you, especially if they believe you shared some fault in the collision.

Comparative Negligence:

Texas follows the principle of comparative negligence. Comparative negligence means that even if the drunk driver was at fault for driving under the influence, you might be held partially responsible if you contributed to causing the accident (e.g., speeding, running a red light, etc.).

Potential Claims:

The drunk driver could argue that your actions, or lack thereof, contributed to the accident and thus sue for damages related to their injuries, medical bills, lost wages, and more.

Defense:

It’s crucial to remember that just because they sue doesn’t mean they will win. You can present evidence to counter their claims if you believe you were not at fault or only minimally at fault. We can help build a robust defense strategy for you.

Insurance Considerations:

Your auto insurance provider will play a pivotal role in defending against any claims made by the drunk driver.

As the victim of a DWI accident, it’s generally unlikely that you’d see a significant increase in your insurance rates if the intoxicated driver is deemed entirely at fault. However, depending on the specifics of the accident and the decisions you make regarding claims, there might be some impact.

Texas Is An At-Fault State:

Texas is an at-fault state– this means the driver deemed responsible for the accident is also liable for the damages. If the drunk driver is found at fault, their insurance should cover your damages, and your rates shouldn’t increase due to the accident.

Claims On Your Policy:

Your rates could increase if you decide to make a claim on your policy (like if the at-fault driver is underinsured or uninsured). Even though you weren’t at fault, your insurer might see you as a higher risk due to the claim, but this can vary between insurance companies.  

Uninsured/Underinsured Motorist Coverage:

If the DWI driver lacks sufficient insurance, you might file a claim under your uninsured/underinsured motorist coverage if you have it. This could potentially affect your future rates.

Comprehensive Claims:

If you file a comprehensive claim for damages related to the DWI accident, your rates might increase, although the impact is generally less than if you were at fault.

Policy Provisions:

Some insurance policies offer accident forgiveness, which means your rates won’t go up after your first accident, even if you file a claim. It’s essential to check the specifics of your policy.