If you hit by a drunk driver, hurt, your car is wrecked –now what do you do?
The one difference in accidents with a drunk driver is that other potential defendants my well be a target of a personal injury lawsuit. Bars and clubs who serve patrons who are obviously intoxicated may also have legal responsibility for the condition of the drunk driver on the roadway (called a dram shop case).
I have even handled cases where because the drunk driver was in outside sales and entertaining was part of the job; an employer was properly a part of the drunk driver injury lawsuit. And other cases where automobile manufacturers were also included in wrongful death cases involving a drinking driver in each such case reaching confidential settlements.
It does not take much to be legally intoxicated in Texas, a .08 blood alcohol level and the driver may be arrested and charged with DWI. That equates in many people to two to three beers in 1 hour.
If you are in an accident and you suspect the negligent driver has been drinking mention it to the investigating officer. Do not let the person talk you into “taking care of this with out the police or insurance company”, as frequently, the drunk driver will later on blame you for the wreck- I have seen it many, many, times before.
Be aware that with a drunk driver car accident, the insurance company will appear very attentive to your needs and assure you that you don’t need a personal injury lawyer- they will take care of you. Don’t fall for it- drunk drivers can be held accountable in a personal injury lawsuit for exemplary damages or punishment damages and in drunk driver cases you will need a reputable drunk driver injury attorney to maximize the money you recover.
[...] The driver of a sedan with four young girls was coming home from an overnight church function when it was hit head-on by a pick-up truck driven by a suspected drunk driver. [...]