Our Houston Drunk Driving Lawyer Fights for Victims of Drunk Driving Accidents
At Herrman & Herrman, P.L.L.C., we help people who have been injured by drunk drivers to obtain full and fair compensation for their medical expenses, lost wages, property damage, and pain and suffering.
What Happens When A Drunk Driver Caused My Injuries?
In Texas, as in most states, there is a distinct difference between a criminal case and a civil suit. A civil suit for drunk driving is a distinct procedure from any criminal actions a drunk driver may face. A criminal proceeding against a drunk driver is designed to protect the community from future injury by acting as a deterrent to drunk driving, as well as to discipline the drunk driver for acting in a careless manner. A drunk driver can face a criminal trial even if there is no accident or injury involved. The threshold needed is for an officer to see the drunk driver breaking the law in one way or another: They need probable cause to pull over the drunk driver.
The criminal side is handled by the District Attorney’s office and will often depend on the amount of evidence that was collected and if there was any violation of the Fourth Amendment reasonable search and seizure laws. Any violations of the Fourth Amendment by the government entity could mean a ‘not guilty’ verdict for the drunk driver. The case could even be thrown out if the officer is found to have done something wrong. This is different from a civil case against a driver who was drunk.
A civil case based on drunk driving comes in the form of an injury lawsuit filed by the victim of a drunk driver to recover damages for injuries, lost wages, pain, and suffering, future lost earning potential, etc.. If you are injured by a drunk driver, a civil suit could be your best and only remedy when attempting to recover the costs of medical treatment, lost wages, damaged property or other economic damages. Civil suits also may offer the opportunity to recover non-economic damages, i.e. money for pain and suffering.
While drunk drivers can face serious criminal charges, with penalties including restitution and jail time, they can also face civil liability if they are sued by their victims. Injuries caused by drunk driving are very often the subject of civil suits. If you or a loved one is injured or killed by a drunk driver, a civil suit may be your best path to recover damages for your losses. When I handle a case, I try to resolve the case outside of the courthouse for several reasons, the 2 most important being to save time and to save money for the case. However, sometimes a lawsuit is necessary to recover from the at-fault party.
When a drunk driver causes an accident, the collision is inherently more valuable from a personal injury standpoint. The claim is more valuable to jurors because factors such as drunk drivers enrage, anger, and infuriate the members of the jury. The insurance companies know this bit of information, and as a result, the insurance companies are more willing to correctly compensate the victims, our clients.
Our Houston Drunk Driving Accident Attorneys Establish Negligence Claims in Drunk Driving Accidents
If you have been injured or lost a loved one in a car crash with a drunk driver, you have enough to do in dealing with the tragic consequences of the accident, or the medical care and treatment needed. When you work with our firm, our seasoned car accident lawyers will engage with the insurance company or file a lawsuit when the insurance company fails to make a fair offer within a reasonable period of time.
We investigate the accident and obtain documentation, including witness statements and police reports. We work with experts who are respected in their fields to build a strong, fact-based case for an out-of-court settlement or take the case to trial when necessary.
Drunk Driving Statistics in The United States
Alcohol-impaired drivers accounted for 32.2 percent of all 2013 traffic deaths in Texas. The Texas Department of Transportation reports that more drunk driving crashes occurred between 2:00-3:00 a.m. than any other hour of the day, and more occurred on Saturday than any other day of the week.
Across the nation, 10,322 people were killed in 8,364 alcohol-impaired fatal crashes in 2012. Nearly 30 people die in the U.S. every day in drunk driving accidents, which amounts to a death every 51 minutes, according to the Centers for Disease Control and Prevention (CDC). The annual cost is more than $59 billion for alcohol-related automobile accidents.
Among the 3,398 traffic fatalities in Texas in 2012, 1,296 (38 percent) occurred in accidents involving drivers with blood alcohol content (BAC) of .08 percent or higher. Drivers with a BAC of .15% or higher were involved in accidents that caused 901 (27 percent) of the 2012 vehicle crash fatalities.
Injured in a Houston Drunk Driving Accident? Call Our Drunk Driving Accident Lawyers
We treat our clients with compassion and put their minds at ease by answering their car accident questions. We handle all aspects of their claims, including legal, medical, and financial needs. Our drunk driving accident lawyers in Houston, Corpus Christi, McAllen, Brownsville, and San Antonio have more than 100 years of combined experience. We consider it an honor to fight for clients who have been victimized by the wrongdoing of others.
Don’t delay. Contact us to schedule a free initial consultation about your legal rights.
- Texas Department of Transportation: Texas Motor Vehicle Traffic Crash Highlights, Calendar Year 2017
- National Highway Traffic Safety Administration: Quick Facts
- Centers for Disease Control and Prevention: Injury Prevention & Control: Motor Vehicle Safety: Impaired Driving: Get the Facts
- National Highway Traffic Safety Administration: Traffic Safety Facts Data: Alcohol-Impaired Driving