Drunk driving accidents harm thousands of people every year, and it is major cause of death in the U.S. Driving while intoxicated is a criminal offense and a social stigma, yet it is among the frequently witnessed crimes. There are strict laws and penalties for DUI/DWI crimes, and perpetrators are often sentenced to probation or jail time. Many victims of drunk driving sustain severe injuries that take months or even years to heal, and some never fully recover due to a permanent disability or incapacitation. If you have incurred serious injuries as a result of someone else’s negligence, you may be entitled to compensation for economic losses, as well as pain and suffering.
Determining Liability
A driver found to have BAC levels of 0.08% or above is deemed drunk/intoxicated by law, thus they cannot deny impairment to avoid liability. Everyone has difference tolerance levels for alcohol, which is why it is possible to get drunk and act reckless even when the BAC is less than the threshold level (0.08%); therefore, the driver can still be proved to be at fault for the accident. It is crucial to hire Personal Injury Attorney in Houston, TX, in order to succeed with your legal claim or civil lawsuit. All users of roads, streets, and highways have a duty of care towards each other. The plaintiff of a drunk driving accident claim is required to demonstrate that:
- The defendant owed them a duty of care, which was violated
- The breach of duty resulted in the accident
- They suffered severe injuries and/or damages during the accident
Law enforcement typically conducts a breathalyzer or chemical blood test to measure the driver’s BAC; blood test is the most accurate and difficult to contest in comparison. Criminal charges for drunk driving are imposed when the driver’s BAC level is 0.08% or greater than that; felony charges are issued if BAC levels are too high (0.1% or more). It is recommended to let the criminal investigation conclude before pursuing a personal injury claim; this is because once the defendant has been convicted or pleaded guilty, the chances of acquiring a reasonable settlement from the insurer are much higher. Not to mention, the judge/jury will support you and perhaps award punitive damages if the case proceeds to court.
Expected Compensation for a Drunk Driving Victim
There is no fixed or specific amount to compensate for the injuries in a drunk driving accident due to varying factors. What law enforcement or the insurance adjuster may consider reasonable compensation depends upon the nature of injuries and the facts surrounding the accident. If multiple victims are involved, each of them may receive a different amount with respect to their unique damages. The primary factors affecting your personal injury settlement or court judgment include:
- Severity of injuries/extent of damages
- The scope and cost of medical treatment
- Recovery time
- Permanent or long-term disability
- Missed work and income
- Reduced income and other lasting consequences
A victim who lost a limb in the accident will naturally be entitled to greater compensation than a victim who endured a mild concussion. The psychological effect or PTSD resulting from a brutal physical injury may also be taken into account. It all comes down to the level of negligence exhibited by the defendant and how much the plaintiff suffered because of it. Contributory or comparative negligence can reduce the value of reasonable compensation, or even render you ineligible for reimbursement. An experienced personal injury attorney can estimate the actual worth of your claim, protect your rights, and maximize your benefits.
