Holiday gatherings are often filled with food, family, friends, and celebrations. Unfortunately, they can also involve people making dangerous decisions before getting behind the wheel.
If an intoxicated driver causes a crash after a holiday event and you are injured, you may be left facing medical treatment, missed work, vehicle damage, and uncertainty about what comes next.
You may wonder whether you can sue the drunk driver. In many circumstances, an injured person may have a civil claim against an intoxicated driver whose negligence caused the crash. However, every situation is different, and proving the connection between the driver’s impairment, the collision, and your injuries is important.
How Does a Drunk Driving Injury Claim Work?
A drunk driving case can involve both criminal and civil proceedings.
The government may pursue criminal charges against a driver accused of operating a vehicle while intoxicated. Separately, an injured person may have the ability to pursue a civil claim for losses caused by the driver’s conduct.
These are different legal matters.
A criminal case focuses on whether the driver violated criminal law and what penalties may apply. A civil injury claim focuses on the harm suffered by the injured person and whether the driver should be financially responsible for those losses.
The existence of criminal charges does not automatically determine the outcome of a civil claim. Likewise, a person does not necessarily need to wait for a criminal case to conclude before exploring a civil claim.
How Can Intoxication Be Established?
Evidence is particularly important in drunk driving cases.
Evidence may include police reports, witness statements, officer observations, field sobriety test results, chemical test results, photographs, video footage, and other information gathered during the investigation.
The circumstances surrounding the driver’s behavior can also matter. Witnesses may have observed the driver’s condition before the crash or may have seen what happened immediately before the collision.
A legal team can examine available evidence to determine what it shows and whether additional investigation is necessary.
What If the Driver Claims the Crash Was My Fault?
A driver's intoxication does not eliminate the need to examine the circumstances of the collision.
Texas uses modified comparative responsibility rules in personal injury cases. If an injured person is assigned a percentage of responsibility, the amount of recoverable damages may be reduced accordingly. A claimant who is more than 50 percent responsible generally cannot recover damages. (KRW Lawyers)
Insurance companies may attempt to shift some responsibility to the injured person. That makes it important to preserve evidence and avoid making assumptions about fault before the facts are fully investigated.
What Damages Can an Injured Person Pursue?
The losses following a drunk driving crash can extend well beyond the initial emergency room visit.
Depending on the circumstances, a claim may involve medical expenses, future medical care, lost wages, reduced earning capacity, physical pain, emotional distress, rehabilitation costs, and property damage.
Serious injuries can also affect a person’s ability to participate in family activities, return to work, or maintain the same quality of life.
An injury claim should account for the actual impact of the crash rather than focusing solely on the initial bills.
What Should I Do After a Crash With an Intoxicated Driver?
Your first priority should be to get to safety and obtain medical attention.
Make sure law enforcement is contacted and that the collision is properly documented. If you can safely do so, photograph the vehicles, roadway, visible injuries, and the surrounding area. Gather witness information and preserve any relevant communications or records.
You should also keep track of your medical treatment and missed work.
Avoid discussing the details of your claim publicly or accepting a settlement before you understand your injuries and potential losses.
How Can KRW Lawyers Help?
Being injured by an intoxicated driver can leave you dealing with physical pain and financial pressure at a time when you should be focused on recovery.
KRW Lawyers can investigate the crash, review available evidence, handle communications with insurance companies, and pursue a claim on your behalf.
If you were injured by a drunk driver, contact KRW Lawyers at (855) 770-4045 to discuss your situation and learn about your legal options.
This article provides general information and is not legal advice. The outcome of any claim depends on its specific facts and applicable law.
