DWI / Drunk Driver Accidents
If you or a loved one have been hit and injured by a person driving while intoxicated (DWI) or a drunk driver in Houston, it is very important to immediately contact an experienced personal injury lawyer.
According to the Texas Civil Practice and Remedies Code § 16.003, an individual who suffered injuries from a motor vehicle accident may not be able to pursue a cause of action against the negligent party after a certain period of time has passed. This time period, also known as a statue of limitations or SOL, is limited to three years in Texas, which means if you are injured in a car accident involving a DWI driver, you will be barred from filing a lawsuit three years after you sustained your injuries. Therefore, it is essential to immediately contact an experienced personal injury lawyer in Houston who will make every effort to fight for the compensation you deserve.
Houston DWI / Drunk Driver Accident Lawyer
Contact Ben Bronston & Associates at (713) CALL-BEN or (713) 225-5236 for a consultation about your car accident involving a drunk driver throughout the areas of Houston, including the Galleria, the Heights, Memorial, Bellaire, West University, Highland Village, Sharpstown, City Centre, Downtown, EaDo, Midtown and Rice Village. Attorney Benjamin Bronston is licensed to practice law in both Texas and Louisiana and is knowledgeable in all areas of drunk driver and DWI personal injury accidents throughout both states. To reach the Louisiana office about your accident, call (504) 799-0771.
What to Do After a Drunk Driver Accident in Houston
After you have been injured in an accident with a drunk driver, there are certain steps you should immediately take that will ensure your safety, protect your rights and allow you to immediately begin recovering from your injuries:
- First - Be prepared in advance. It is helpful to always have the following items in case you are involved in a car accident:
- Disposable camera or camera phone
- Insurance card
- Jumper Cables
- List of emergency contacts
- Medical information
- Rags or towels
- Vehicle registration
- Second - Be safe by moving your car to a safe nearby location, but make sure not to leave the scene of the accident, as this can possibly result in criminal charges. Also, check to see if anyone is hurt and call 911 for medical assistance.
- Third - Stay calm and contact the police about the accident. It is important not to panic, to remain calm and polite, and cooperate with the police. Also, do not admit fault to anyone.
- Fourth - Exchange contact information with any other drivers or witnesses, including insurance carriers and insurance policy numbers. Also, obtain a police report of the accident and collect all information about the vehicles involved, such as make, model, year, and license plate numbers. Ensure that you also take pictures of damage to all vehicles involved in the accident.
- Fifth - Contact an attorney immediately after the accident. Never give an insurance company a statement, sign any documents or accept a settlement without first consulting with an attorney.
Houston DWI Accident Civil Lawsuit
After a car accident with a drunk driver, an injured party will initially want to file a claim with their insurance company. However, insurance companies will often dispute the amount of the claim or deny the claim altogether. If your claim has been disputed or denied or you fail to reach a settlement agreement with an insurance company, your personal injury attorney will pursue a lawsuit against the drunk driver on your behalf.
In order to receive compensation for your injuries, your personal injury lawyer must be able to prove the following four elements:
- Duty – A driver has the duty to operate their car with ordinary care, which is a basic duty required of all drivers in Texas.
- Breach of Duty – Your attorney must prove the drunk driver breached this duty by driving under the influence of alcohol or drugs.
- Causation – Your attorney must also show the drunk driver's breach of their duty was the actual and proximate cause of your injuries.
- Damages – Your attorney must also show you suffered some compensable form of injury, damage and/or loss as a result of the driver’s negligence.
Your attorney must also prove the preceding four elements by a preponderance of the evidence, which is your burden of proof. This means your attorney must establish the evidence weighs slightly more in your favor than it does not in order to receive compensation from the negligent party.
DWI Accident Damages in Houston
If you have been injured in a car accident with a drunk driver in Texas, the negligent party is financially responsible for all of the injuries, damages and losses related to your accident. According to Texas law, you may be able to recover any of the types of damages listed below for your drunk driving accident injuries:
- Compensatory damages include both economic and non-economic damages, and are intended to compensate the injured for the injuries they sustained as a result of the drunk driving accident.
- Exemplary damages are also known as punishment or punitive damages and are meant to punish the negligent party because they acted so egregiously in causing the injured party's injuries. In order to receive punitive damages, the injured party must show the negligent party acted maliciously by intentionally causing the injuries, or because they knew their conduct could create an extreme risk of serious injury, but consciously disregarded that risk.
- Economic damages are intended to compensate the injured party for any financial or actual loss they suffered as a result of a car accident with a drunk driver.
- Non-Economic damages are intended to compensate the injured party for any non-financial losses they suffered in a car accident with a drunk driver, such as:
- Physical pain and suffering,
- Physical impairment,
- Mental or emotional pain and suffering,
- Loss of enjoyment of life,
- Loss of consortium,
- Loss of companionship and society, and/or
Ben Bronston & Associates, Attorneys at Law | Drunk Driver Accident Attorney in Houston
Contact Ben Bronston & Associates today for a consultation about the injuries you sustained in a drunk driver accident in Harris County, including the cities of Houston, Baytown, Humble, Katy, Pasadena, Seabrook, Spring, Sugar Land, Tomball and Webster. Ben Bronston is an experienced car accident lawyer in Houston who will make every effort to help you achieve the damages you deserve from your car accident with a drunk driver. Contact Ben Bronston & Associates at (713) CALL-BEN or (713) 225-5236 for a consultation about your drunk driver personal injury claim in Texas. For a consultation about your claim in Louisiana, contact (504) 799-0771.