Are you planning to consult a Houston’s Personal Injury Attorney for a drunk driving accident lawsuit?
- 1 Are you planning to consult a Houston’s Personal Injury Attorney for a drunk driving accident lawsuit?
- 1.1 General Overview:
- 1.2 Drunk & Driving can be fatal:
- 1.3 The irregular and unpredictable behavior of drunk drivers:
- 1.4 What happens when drivers drink and attempt to drive?
- 1.5 How many types of collisions or accidents are instigated by drivers under the influence or being impaired?
- 1.6 What are the legal entitlements of the victims of drunk driving accidents?
- 1.7 What steps does the victim need to take?
- 1.8 What is the best possible advice a lawyer can give?
- 1.9 What will be the next step?
- 1.10 What instruments and other documents do you need to have for proving your claim?
- 1.11 What options do you have when these rights are not comprehensible?
- 1.12 What are the feasible measures necessary to take when a drunk driver hits you?
- 1.13 What is the difference between Personal Injury Claim and Criminal Driving Under Influence Charge?
- 1.14 How can the third party be liable?
- 1.15 PRACTICE AREAS
- 1.16 Contact Our Firm
Every once in a while, you undergo some horrible road accidents resulting from drunk and driving cases. So, either you are the victim or a witness to such a road accident. In case you are the victim, then it is high time you need to consult the Pusch & Nguyen Law, who specializes in legal solutions for the victims of drunk driving accidents.
Your lawsuit depends on the degree of how fatal the drunk driving accident is, the responsibility on behalf of drivers, and so forth.
Most people even do not think about the consequences of Drunk and Driving. They act so recklessly that the horrible results are overlooked until an unfortunate accident has occurred due to them. As responsible citizens, we are all under obligation in this regard to take possible safety measures for ours and others’ cause.
These drinks and driving accidents are a rampant leading cause of death not only around the world but in Houston too. Nevertheless, the drunk driving accident not only results in personal injuries or death but psychological disorders.
However, this is not mainly emphasized by any other law firms but us. Since mental health is one significant factor that is neglected almost everywhere, people only stress on the property and bodily damages. In relation to this, mental health is of prime importance.
Drunk & Driving can be fatal:
Undoubtedly, we all know that Drunk and Driving, most of the time, leads to casualty, but we still overlook it. Interestingly, people always mistake their alcohol levels to be less than alarming. Nevertheless, other people think that while drinking and driving, they can drive to their desired destinations very efficiently.
Well, such non-serious people believe that this debate is controversial and defend it in some ways. While legal reasons do not leave doubts about the fatality of the case as it is dangerous without any doubt. Also, it is an illegal act without any uncertainty in the first place. So, it can not be defended since drunk drivers forsake other innocent people’s lives on the road.
The irregular and unpredictable behavior of drunk drivers:
Concerning the Drunk and Driving accidents, the police officers, most of the time, take the best possible safety measures while probing for drunk drivers. However, they are not capable of arresting them on the spot as many of them become fugitive before the higher legal authorities get to know about the accident.
You will be surprised knowing that scores of the drunk drivers have some dishonest conduct. For instance, the regular shifting from the allotted line of traffic, the spontaneous and needless decelerating, and whatever traffic authorities have set the speed limit either reduce the speed or over speed, which inevitably results in unfortunate outcomes. Nevertheless, the inconsistent behavior also includes the failure of using indicators or using the wrong routes as well as overlooking the signboards.
What happens when drivers drink and attempt to drive?
Alcohol lessens the possibilities of responding towards a stimulus. It is a well-known and universal fact, i.e., the person loses his/her control over senses. Mostly, this drinking and other usages of drugs lead to this state of being impaired or under the influence. It is commonly known as Driving Under Influence or Driving While Impaired. So, the alcohol or drugs damages the level of concentration and reaction a person has typically. So, it does not matter how many different ways it collides or smash into the wall, the damages or losses only incur to lives.
How many types of collisions or accidents are instigated by drivers under the influence or being impaired?
There are numerous accident cases daily, but out of all the drunk driving accidents are rising higher. This unpredictable behavior on behalf of drivers has led to the specified types of a collision, which constitute: (1) Head-on (2) Rear-end (3) Rollover.
For the naïve learners, the head-on collision occurs when two cars are moving in the contradicting directions, and the front ends of two vehicles hit each other. It happens on the account when the drunk drivers shift to the opposite line of traffic. Also, when they swerve to the left of the yellow line.
The rear-end crash happens when you collide with a car in front of you, resulting in hitting the back of the vehicle. The result of it is mostly very close to death because the injury happens to the brain or an enduring paralysis incurs. It usually occurs on account of the failure of traffic slowing or taking brake in front of another car. People consider this collision as a minor one, but this can lead to incurring grave injuries.
The rollover crash occurs on the grounds of over speeding or under speeding. This type of crash occurs when the car tips over its side or roof, resulting in the rolling over of the car. It has got a more casualty rate than other collisions. The reason behind such an accident is that drivers shift the traffic line at the same time, losing control of reacting. Nevertheless, it is so harmful that the drunk driver’s flip over can lead to a whole range of crashes of other drivers.
Lastly, how does it matter what type of crash it is when the other innocent people’s lives are forsaken in one or another way.
What are the legal entitlements of the victims of drunk driving accidents?
All the law enforcement around the world offers legal remedies to the aggrieved party, without any doubt. In the same way, The Texas (Houston) laws also award legal damages to the suffered party. However, the cause of action has to be based on negligence, gross negligence, or recklessness. Further, this may include other offenses too.
According to laws, every driver has a duty of care towards the next person, i.e., right in rem. Regarding this principle, the violation of this duty will lead to compensation for injuries. Since drinking and Driving are illegal in the first place, then when a person behaves in a certain way, i.e., drunk and drive. It ultimately leads to a breach of duty of reasonable care. Consequently, considering this act, the driver will be accountable for the violation.
What steps does the victim need to take?
Since it is well aware that monetary compensation is not always on the table. For acquiring this right, the victim is required to take a few significant steps. To get the right guidelines, you need to hire some good and experienced drunk driving lawyer or a firm like Pusch & Nguyen.
What is the best possible advice a lawyer can give?
The lawyer will surely offer you two options to proceed with the case with either of them further.
- Firstly, the legal entitlement to file a claim (insurance) in the drunk driver’s insurance company.
- Secondly, to file a suit in the civil court for a personal injury claim.
What will be the next step?
The next procedure includes to choose one legal option and go on with that. Moreover, opting for any of the above mentioned will result in the monetary compensation depending on your injuries.
What instruments and other documents do you need to have for proving your claim?
The legal and other testimonial documents are required in the process of proving the personal injury or insurance claim. The list continues Medical bills, charges of physical therapies, and other hospitalization bills you are required to keep as evidence. Nevertheless, the legal documents needed in this matter are the income slip and the leaves you have taken from a job that has resulted in your income loss. Also, future expenses are accounted for in this relation. These all are legal entitlements you need to prove to be compensated for the loss. Nevertheless, these also constitute the pain and suffering, the enduring loss or disabilities coupling with mental illnesses you have got in the result of an accident.
What options do you have when these rights are not comprehensible?
An ordinary person with no knowledge of law or certain rights usually continues acquiring the rights and agrees to take a small amount as a settlement, which is ultimately a loss. Concerning this situation of vagueness and incoherence concerning the monetary compensation, you are required to appoint an efficient drunk driving lawyer. It will be considered helpful for you in terms of getting higher relief.
What are the feasible measures necessary to take when a drunk driver hits you?
Undoubtedly, people who undergo such horrible situations don’t come out of the trauma quickly. But this thing should not stop you from taking possible measures for claiming a strong claim. These are precautionary measures for all people.
- The primary task for you is to observe the driver either he/she is under the influence or not. There are different ways to check, i.e., the drunk driver might have a garbled and inaudible way of speaking, watery, or red eyes, and the smell of alcohol.
- In relation to the above situation that the driver is drunk, your responsibility is to call the police. They will take certain significant notes after testing the impaired driver. The test includes the Standardized Field Sobriety Test. It is further categorized into three: A. Horizontal Gaze Nystagmus Test B. Walk and Run Test C. One Leg Stand Test.
- The Horizontal Gaze Nystagmus Test (HGN): This comprises the reflexive jerking of the eyeball, which happens as the eyes gaze to the side.
- The Walk and Run Test: In this test, the drunk driver (subject) is asked to take some nine steps while touching heel to toe walking in the straight line.
- One Leg Stand Test: The subject is directed to stand on one foot for 30 seconds and count from 1000. The other foot is kept in the air from six inches off the ground or floor.
The three preceding tests will determine the drunkenness of the driver. If he has drunk and driven, then he will be arrested immediately. Afterward, the case will be given a criminal claim shape.
- It is evident that after collision of cars, the victim will need medical attention. In this case, police and you both need to take care of all the medical records for the testimonial representation.
- Lastly, if you are still on the accident spot, ask from the other people if they have witnessed the accident or not and later become testimonies in court. You will also require taking their personal information as a precaution for onwards contacting.
Consequently, keep the records safe and consult an experienced lawyer for help.
What is the difference between Personal Injury Claim and Criminal Driving Under Influence Charge?
In case the police get to know that the driver was drunk, then he will be directly arrested for this legal violation. The legal charge that will be put on him will be DUI (driving under the influence).
Emphatically, many people confuse the independent action taking and criminal cases since they think they are exempted from filing suit solitarily. First thing first, the difference between criminal offense and civil wrongdoing has to be differentiated.
In Criminal cases, the disagreement lies between the state and the individual. Conferring to a drunk and driving case, they execute punishment in the shape of canceling or suspending the license, fines, and imprisonment. The main focus is on punishments, not monetary compensation.
While in civil cases, the dispute lies between a specified organization and an individual or between two individuals, which usually begins from filing suit in civil courts on behalf of the aggrieved party. Even maybe claiming for insurance in drunk driver’s auto insurance company. At this moment, the focus is on compensation the aggrieved party deserves to acquire.
DUI Conviction in a civil case:
Nevertheless, this does not mean that criminal cases do not play a pivotal role in civil suits. For instance, if the police have already entered a DUI conviction against the driver, your advocate can utilize this opportunity to claim for higher compensation for your injuries.
Interestingly, it depends on your lawyer or attorney on how to efficiently use this DUI Conviction opportunity in the personal injury case. For this cause, Pusch & Nguyen’s legal team will be of outstanding help to you.
How can the third party be liable?
In this situation, the third party is indicated to be the provider of alcohol. Now, the providers differ. They can be a bar, restaurants, and other vendors. These are the most commonly known providers who involve children under the age of 18, in which the fact itself is illegal in the first place. The alcohol providers only run business and make money where, most of the time, the predictable consequence is overlooked.
Lastly, this third-party liability claim can sometimes fail, so the skilled attorneys will decide when to throw the third-party accountability card.
To get the right guidelines, consult the best legal team, i.e., Pusch & Nguyen. We will not let you down.