Fort Worth Drunk Driving Accident Lawyer
Being involved in a drunk driving accident on the busy roads and highways of Fort Worth can be an overwhelming and frightening experience. The immediate shock of the accident is often followed by pain, possible serious injuries, medical bills, vehicle repairs, and the stress of legalities.
Hiring an experienced Fort Worth drunk driving accident lawyer can have a significant impact on the outcome of your drunk driving accident case. Allbee Law Firm is just a phone call away. We are familiar with the local streets, know the ins and outs of Texas law, and have your best interests at heart.
You can trust our expertise and experience to get you the maximum compensation you deserve. Secure the representation you need today by calling (817) 244-6453 for a free consultation.
Table of Contents
Do I Have A Valid Drunk Driving Accident Claim?
Gathering and presenting the proper evidence is crucial to winning a drunk driving accident case in Fort Worth. Being involved in the accident is just one factor. We must establish several vital elements to ensure your drunk driving accident claim has merit. Here’s what we generally need to prove:
Duty of Care
To begin with, we have to establish that the other driver had a duty of care towards you. Having a duty of care is typically straightforward because all drivers have a duty to operate their vehicles safely and follow traffic laws.
Breach of Duty
We must demonstrate that the at-fault driver breached their duty of care. If the driver was intoxicated and this led to the accident, this will be considered a breach of duty.
Next, we need to prove that the driver’s negligence and intoxication were the direct cause of the accident and your resulting injuries. Causation means showing that the driver’s breach of duty caused your injuries and damages.
“Damages” are the compensation a personal injury victim is entitled to when a defendant harms them. Documenting the damages you sustained as a result of the accident is vital. Damages can include:
- Physical Injuries: Obtain medical records, bills, and doctor’s notes.
- Property Damage: Get estimates for vehicle repairs or replacement.
- Lost Wages: Document your lost wages if you missed work due to the accident.
- Emotional Distress And Pain and Suffering: While these can be more subjective, they’re still valid damages in many cases.
- Other Expenses: These expenses include rental cars, towing fees, car storage fees, etc.
Evidence of Intoxication
Gather evidence that shows the driver was intoxicated. Such evidence can include:
- Police reports: These often state if the driver was under the influence or if they failed the blood alcohol concentration (BAC) test.
- Witness testimonies: Witnesses can attest to erratic driving or other signs of intoxication.
- Evidence of convictions: This can be compelling evidence if the driver is convicted of DWI.
Recoverable Damages in A Fort Worth Drunk Driving Accident Case
If you were involved in a drunk driving accident in Fort Worth, Texas law permits you to recover damages. Damages are the compensation you can seek due to the losses and harms you’ve suffered.
Economic damages represent the quantifiable financial costs resulting from the accident.
Medical expenses include past, current, and future medical bills related to the accident. It can encompass costs for hospital stays, surgeries, medications, physical therapy, medical equipment, and any other related healthcare expenses.
If you’ve had to miss work due to injuries sustained in the accident, you can claim compensation for your lost wages. Additionally, if your ability to earn in the future is compromised due to the accident, you can seek compensation for future lost wages, which is known as loss of earning capacity.
Property damage involves compensation for damages to your motor vehicle or other contents (e.g., clothing, mobile phone) due to the accident.
Rehabilitation And Long-Term Care Costs
For severe injuries, prolonged physical therapy or long-term care may be required.
On the other hand, non-economic damages are less tangible, more challenging to calculate and prove, but very important.
Pain And Suffering
Pain and Suffering encompasses the physical pain and emotional distress a victim undergoes following the accident.
You can seek compensation for the psychological impact of the accident, which could include anxiety, depression, and other related conditions.
Loss of Consortium
Loss of consortium is compensation for the damages suffered by a spouse or family member due to the victim’s injuries. This can include loss of companionship, affection, or intimate relations.
Loss of Enjoyment of Life
You can also seek compensation for the reduced ability to enjoy life’s pleasures due to the accident and its consequent injuries.
In addition to the above damages, some personal injury victims might be entitled to punitive damages.
Punitive damages aren’t designed to compensate the victim but to punish the offender and deter similar behavior in the future.
In Texas, punitive are applicable when the wrongdoer’s actions were particularly reckless or malicious. Punitive damages may be imposed in some DWI accident cases.
Have You Been Injured In A Fort Worth Drunk Driving Accident?
Who Pays For Damages Caused By Drunk Drivers?
In Fort Worth, determining who pays the damages isn’t always straightforward in drunk driving crashes. Your rightful compensation often comes from a combination of sources, and understanding these avenues is critical. Here’s who might be on the hook:
The Drunk Driver’s Insurance
Typically, the primary compensation source will be the intoxicated driver’s insurance company. They are responsible for covering the damages resulting from the negligence of insured drunk drivers.
Your Own Insurance (Underinsured/Uninsured Motorist Coverage)
If the drunk driver lacks sufficient insurance or flees the accident scene and remains unidentified, your insurance can provide compensation, provided you have underinsured or uninsured motorist coverage.
The Establishment Serving Alcohol – Dram Shop Laws
Texas, like many states, has a “Dram Shop Law.” This law allows victims of drunk driving accidents to seek damages from establishments, like bars or restaurants, that overserved alcohol to a visibly intoxicated person who subsequently caused an accident.
If it’s proven that the establishment negligently served alcohol to someone who was clearly intoxicated, the bar can be held liable for the resulting damages.
Why Is This Important For Drunk Driving Accident Injury Cases?
Many establishments have larger insurance policies than individual drivers. If your damages exceed the drunk driver’s policy limits, the Dram Shop Law can be a critical avenue for obtaining full compensation.
However, proving a dram shop case requires evidence that the establishment knowingly served alcohol to an already intoxicated individual. This is where Allbee Law Firm can help. We know how to gather evidence, interview witnesses, and establish a strong case against negligent establishments.
Fort Worth Drunk Driving Accident Lawyer FAQs
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.
The Drunk Driver's Insurance Company Contacted Me Directly With A Settlement Offer. Should I Talk To Them?
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.
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.
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.
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.
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.).
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.
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.
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.
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.
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.
How Can the Fort Worth DWI Accident Lawyers At Allbee Law Firm Help?
Allbee Law Firm will stand firmly by your side following a drunk driving accident. With years of experience, we bring expertise, commitment, and unwavering determination to every case. We offer a free consultation, ensuring you clearly understand your options without any upfront financial burden. Our team will thoroughly examine every aspect of your case, ensuring all evidence and details are addressed.
We won’t rest until we secure the maximum compensation you rightfully deserve. Choose Allbee Law Firm and experience the difference, dedication, and personalized support in your pursuit of justice.
Free Case Evaluation
In Fort Worth, justice should be within reach for everyone. Allbee Law Firm offers free case evaluation for all drunk driving accident victims, ensuring that accessible legal aid isn’t just a promise but a reality. Everyone deserves a fair shot at defending their rights, regardless of their circumstances.
By partnering with us, you’re choosing a dedicated advocate who believes in leveling the playing field. Take the first step towards understanding and asserting your rights today. Reach out today at (817) 244-6453 and let our expertise guide you in making the best decision for your DWI accident case.
Contingency Fee Basis To Relieve You Of Your Financial Worries
We understand the stress and uncertainty of drunk driving accidents. Allbee Law firm represents Fort Worth drunk driving accident victims on a contingency fee basis to alleviate your financial concerns. Here’s our promise: you won’t pay a dime upfront. We only receive compensation if we help you win your drunk driving accident case.
- In pre-litigation, our fee is 33.33% of the settlement.
- If the case advances to litigation, the fee is 40% of the settlement.
- The contingency fee for cases that go to trial is 45% of the total verdict.
Working under a contingency fee means our success is tied to your success. We’re dedicated, driven, and focused on achieving your best outcome. With Allbee Law Firm, you can pursue justice without the weight of financial burdens.
A Legal Team Driven To Seek The Maximum Compensation Available To You
When you hire Allbee Law Firm, you choose a team that takes definitive action. We will meticulously gather and analyze evidence, ensuring your case’s details are accurately presented. Our drunk driving accident attorneys will collaborate with medical experts to quantify your current and future damages.
We will strive to counter insurance company tactics with facts and unwavering resolve, ensuring they don’t undervalue your claim.
Our negotiation skills are honed by years of experience, aiming for settlements that reflect your losses.
We’re fully prepared to take a drunk driving accident case to court if required, demonstrating our commitment at every turn. When working with Allbee Law Firm, we will fight to help you receive the maximum compensation you deserve.
At Allbee Law Firm, we believe every drunk driving accident victim deserves more than just legal representation; they deserve unwavering, personalized support. From the moment you contact us, you’re more than a case—you’re a valued individual with genuine concerns.
Our commitment is to offer guidance tailored to your unique situation, ensuring you’re heard, genuinely understood, and cared for. With us in your corner, you can rest assured that we will prioritize your well-being every step of the way.
Were You Injured In A Fort Worth Drunk Driving Accident? Speak With A Lawyer Today!
After a drunk driving accident, it is best not to leave your rights and well-being to chance. Insurance companies might take advantage of you, at-fault parties may deny their liabilities, and your DWI accident claim might be filed a day too late!
With so much at stake, securing the best representation with Allbee Law Firm is vital, where your interests take the front and center of our priorities. We bring experience, dedication, and a fierce commitment to every client, ensuring only the best results. If you’ve been affected, don’t wait. Take the critical step for your future now—contact Allbee Law Firm at (817) 244-6453, and witness firsthand the difference expert representation can make.