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Drunk driving accidents can leave victims with life-altering injuries, emotional trauma, and financial burdens that seem impossible. If you or a loved one have been injured in a drunk driving accident in San Antonio, you have the right to seek justice and compensation.
The Impact of Drunk Driving Accidents
Drunk driving accidents can have catastrophic consequences. The physical injuries often range from minor cuts and bruises to life-threatening conditions such as traumatic brain injuries, spinal cord damage, and even death. Beyond the physical harm, victims frequently experience emotional distress, anxiety, and post-traumatic stress disorder (PTSD). Financial strain adds to the burden as medical bills, lost wages, and rehabilitation costs quickly pile up.
San Antonio, like many other cities, continues to face the consequences of drunk driving. Despite public awareness campaigns, the number of accidents caused by intoxicated drivers remains high. Victims and their families are often left asking, «What legal options are available to me?»
Filing a Personal Injury Claim
One of the primary legal avenues for drunk driving victims in San Antonio is filing a personal injury claim. A personal injury claim allows victims to pursue compensation from the at-fault driver or their insurance company, which typically involves proving that the other driver was negligent by driving under the influence of alcohol or drugs and that this negligence directly caused the accident and your injuries.
Proving Negligence in a Drunk Driving Case
Proving negligence in a drunk driving accident is usually straightforward compared to other types of car accidents. If the driver was arrested for driving under the influence (DUI) at the scene or failed a field sobriety test, this can serve as powerful evidence in your favor.
Police reports, witness statements, and even footage from nearby traffic cameras may further strengthen your case. However, securing this evidence as soon as possible is crucial, as it can become harder to obtain as time passes.
Compensation You Can Recover
When filing a personal injury claim, the compensation you can recover varies depending on the severity of your injuries and other factors. You may be entitled to compensation for medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering.
In cases of extreme negligence, such as when the drunk driver had an exceptionally high blood alcohol content (BAC) or had prior DUI convictions, you may also be able to pursue punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future.
Understanding Comparative Negligence in Texas
Texas follows a legal doctrine known as comparative negligence, which means that if you are partially at fault for the accident, your compensation may be reduced. For instance, if you were speeding or failed to wear a seatbelt at the time of the crash, the court may determine that you bear some responsibility for the extent of your injuries.
Filing a Wrongful Death Claim
In the most tragic cases, drunk driving accidents result in fatalities. If you have lost a loved one in a drunk driving accident in San Antonio, you may have the option to file a wrongful death claim. This type of lawsuit is intended to compensate the victim’s family for their loss and to hold the responsible party accountable.
Who Can File a Wrongful Death Claim?
In Texas, the surviving spouse, children, and parents of the deceased have the legal right to file a wrongful death claim. These individuals may seek damages for the emotional and financial impact of losing their loved one, including compensation for funeral expenses, lost income, loss of companionship, and emotional suffering. It is important to note that siblings and other relatives are not eligible to file a wrongful death claim in Texas.
Criminal vs. Civil Cases
It’s important to distinguish between criminal charges brought against the drunk driver and a civil lawsuit. A wrongful death or personal injury claim is a civil matter focused on compensating victims and their families.
Criminal charges, such as a DUI, are handled by the state and are designed to punish the offender for breaking the law. While a criminal conviction can be used as evidence in your civil case, you do not need to wait for the outcome of the criminal trial to
Seeking Legal Help: Why You Need an Attorney
Drunk driving accident cases can be legally complex and emotionally exhausting. Trying to navigate the process on your own can be overwhelming, especially while dealing with physical injuries and emotional trauma. Hiring a personal injury attorney can make all the difference.
An experienced attorney will know how to gather evidence, negotiate with insurance companies, and build a strong case on your behalf. They will also be able to handle the legal aspects of your case while you focus on your recovery. In many cases, attorneys work on a contingency fee basis, meaning they only get paid if you win your case, allowing victims to pursue justice without worrying about upfront legal fees.
Seek Legal Support
Being involved in a drunk driving accident is an overwhelming experience, but you do not have to face it alone. Whether you are seeking compensation for medical bills, lost wages, emotional trauma, or the tragic loss of a loved one, understanding your legal options is the first step toward recovery.
By working with an experienced attorney and acting quickly, you can hold the responsible party accountable and secure the compensation you need to move forward after your accident. Call Pelaez Law Firm today at 210-801-9314 to schedule a free case evaluation with our team. Don’t worry about losing and owing legal fees: with Pelaez Law Firm, you don’t pay unless we win; you don’t pay until we win.
