Texas Drunk Driving Accident Lawyer | Attorney
Drunk Driving Accident | Drunk Car Accident – Liabilities And Processes
Drunk driving has caused numerous problems around the world. This is the undeniable fact. It has claimed millions of lives throughout the years, and it has caused damage to billions worth of properties.
On a more technical note, statistics have shown that deaths attributable to alcohol-related car mishaps is 1 life for every 32 minutes, while non-fatal injuries caused by drunk accidents is 1 person every 2 minutes. In light of these numbers, it can be gleaned that the need to know your rights during these circumstances is primordial. Otherwise, you might get into more trouble than you ever bargained for. On the other hand, if you or your loved one is the injured party then you must know what your rights are in order to avail of the compensation and the assistance that you are entitled to by law.
As a rule, those who have caused any kind of injury to another because of driving under the influence of alcohol (driving drunk), are considered as criminal offenders who may be held liable for fines and even made to suffer some jail time. In common and legal parlance, this is called DWI (Driving While Intoxicated) or DUI (Driving Under The Influence).
Victims of DUI and the families of those who have been injured as a result of drunk driving can also claim for civil damages from the party causing them. They will have to file the necessary civil case in order to be compensated for the losses which they may have suffered because of the drunk driver’s act that lead to a car accident.
The most common damages that may be incurred in connection with drunk driving are those stemming from the victim’s loss of earnings, physical impairment, lost earning capacity, mental anguish, pain and suffering, medical bills, both past and future; provided that they are related to the incident, and other damages that are attributable to the guilty party’s fault.
It is also worth noting that this civil liability is not limited to the guilty party alone. In some instances, a party host who allowed a drunken person to drive despite his intoxicated condition, or a tavern or club that served drinks to a person who is already drunk or to an underage drinker can likewise be held liable for their negligence as well.
The liabilities of these third parties are governed by the Dram Shop Act, which states that those who own taverns, restaurants and other businesses that provide alcohol to persons who are clearly or obviously intoxicated, or to minors can be held liable for any of the injuries or damages that may have been incurred subsequently thereafter by the parties that they provided alcohol to. The same rule applies to a party host who served alcohol in their party and allowed the said party to drive thereafter.
These drunk driving laws and liabilities, however, differ on a state-to-state basis. Hence, the liabilities of parties and the amount of responsibility of a party host or a tavern will have to depend on the existing law that a specific state may be enforcing during the time of the drunk driving accident.
Another important aspect of civil cases in connection with drunk driving accidents is the burden of proof necessary to convict or hold the guilty party liable. In criminal cases, an accused can only be held guilty through proof beyond reasonable doubt, while in civil cases, the liability of the party can be established by a mere preponderance of evidence. In other words, civil cases require a lesser burden proof compared to those of criminal ones.
In drunk car accident cases where there is loss of life or death because of drunk driving a wrongful death case can also be filed accordingly. Through this, one will be able to acquire compensation for the loss of life and the sufferings that they have had to undergo of because of the act of the guilty party. However, the financial compensation that is awarded during this proceeding is not for the purpose of paying for the life of the deceased. After all, no amount of money can actually compensate for the loss of a loved one. Instead, this compensation is to help the family left behind with their grieving and to provide them with the necessary financial assistance that they may need in order to rise up and be able to recover from the tragedy that has befallen on them.
In light of the complexities in these drunk car accident cases, it is apparent that the need to avail of the services of an experienced and well-versed drunk car accident lawyer is primordial. After all with a drunk car accident lawyer’s help, one will be able to receive the right compensation that he/she should deserve.
Just remember to hire a drunk driving accident lawyer who has the experience and the dedication to provide you with all your rights provided by law. In other words, a drunk driving accident attorney must not only know the law, but the drunk driving accident lawyer must be able to understand your drunk driving accident situation. With this, you will be the Kane Law Firm will protect and fight to get what you deserve.