How Does a Drunk Driving Conviction Affect a Car Accident Injury Claim in Texas?

Car accidents caused by drunk driving often result in serious injuries and devastating consequences for the victims. If you or a loved one has been injured in a car accident caused by a drunk driver, you might be wondering how that driver’s DWI conviction (or lack thereof) could affect your personal injury claim. At the Turley Law Firm, we are committed to helping accident victims in Dallas and throughout Texas navigate the complexities of personal injury claims involving drunk drivers. If you or a family member were hurt by a drunk, distracted or otherwise negligent or reckless driver, call us today for immediate assistance from our team of experienced and successful Texas car accident lawyers.

The Impact of a Drunk Driving Conviction on Liability

A drunk driving conviction in Texas can significantly impact a car accident injury claim. When a driver is convicted of driving under the influence (DUI) or driving while intoxicated (DWI), it establishes clear evidence of negligence. In personal injury law, negligence is the failure to act with the level of care that a reasonable person would exercise under the same circumstances. Since driving under the influence is inherently dangerous and illegal, a DUI conviction often serves as strong proof that the drunk driver was negligent.

A DWI conviction, therefore, can simplify the process of establishing liability in a personal injury claim. In most cases, the drunk driver’s insurance company is less likely to dispute liability when their insured has been convicted of DUI. This can lead to a quicker resolution of the claim, allowing the injured party to receive compensation more promptly.

Potential for Increased Compensation

In Texas, if you have been injured by a negligent driver, you may be entitled to various forms of compensation, including for your medical expenses, lost wages, pain and suffering, and more. However, when a drunk driving conviction is involved, there is also the potential for punitive damages.

Punitive damages, also known as exemplary damages, are designed to punish the at-fault party for particularly egregious behavior, such as driving while intoxicated, and to deter others from engaging in similar conduct. While not awarded in every case, the presence of a DUI conviction increases the likelihood that a court may award punitive damages in addition to compensatory damages. This can significantly increase the overall value of your injury claim.

To obtain punitive damages, your attorney will have to prove “gross negligence” by “clear and convincing evidence.” This is a higher bar than proving “ordinary negligence” by a “preponderance of the evidence,” which is the standard in most car accident injury cases. If punitive damages might be on the table in your case, be sure to hire an experienced injury attorney with a record of success in serious injuries and litigation.

Challenges in Drunk Driving Injury Claims

While a drunk driving conviction can strengthen your personal injury claim, it is not without challenges. Insurance companies often seek to minimize their liability, even in cases involving DWI. For instance, they may argue that the injured party was partially at fault for the accident or attempt to downplay the severity of the injuries.

In Texas, the modified comparative fault rule applies, meaning that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. If you are found to be more than 50% at fault, you may be barred from recovering any compensation. Therefore, it is crucial to have an experienced personal injury attorney who can counter these arguments and fight for your full and fair compensation.

After a car accident involving a drunk driver, it is essential to take immediate action to protect your rights. Evidence can disappear quickly, and witnesses’ memories can fade over time. Additionally, Texas has a statute of limitations that imposes a strict deadline for filing personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. Failing to file within this time frame can result in losing your right to pursue compensation.

How Turley Law Firm Can Help

At the Turley Law Firm, our Dallas personal injury attorneys have extensive experience handling serious car accident claims throughout Texas and beyond. We understand the unique challenges these cases present and are committed to helping our clients secure the compensation they deserve. We will conduct a thorough investigation, gather evidence, and work with experts as needed to build a strong case on your behalf. Our goal is to hold the at-fault driver fully accountable and ensure that you receive the maximum compensation available under the law.

If you or a loved one has been injured in a car accident caused by a drunk driver in Dallas or anywhere in Texas, don’t hesitate to contact us for immediate support. We are here to answer your questions, explain your rights, and guide you through the legal process. Call 214-691-4025 or email turley@wturley.com for a free consultation. Our zealous Dallas attorneys serve clients throughout Texas and multiple Southern and Southwestern states.