Drunk driving accidents are a grave issue in Arlington, Texas, as they often result in severe injuries or fatalities. Unfortunately, many victims and their families are left to deal with the aftermath of these tragic incidents. The importance of pursuing justice for victims through the civil legal process cannot be understated. An experienced Arlington drunk driving accident lawyer can help families navigate the complex legal system and seek the compensation they deserve. The Adley Law Firm is a reputable and knowledgeable law firm specializing in representing victims of drunk driving accidents in Arlington and the surrounding area.
How Can An Arlington Drunk Driving Accident Lawyer Assist You?
It is essential to understand the difference between criminal and civil proceedings when it comes to drunk driving accidents. Criminal proceedings are initiated by the state and focus on punishing the offender for violating the law, while civil proceedings seek compensation for the victim’s losses. A skilled Arlington drunk driving accident attorney can provide invaluable assistance in handling your civil claim, ensuring you receive the compensation you are entitled to.
The Adley Law Firm has extensive experience in handling drunk driving accident cases, and they are well-versed in the nuances of Arlington’s legal system. They are adept at negotiating with insurance companies and other parties to reach a fair settlement outside of court. However, if a settlement cannot be reached, they will aggressively represent your case in court to ensure you receive the justice you deserve.
Understanding Arlington Drunk Driving Laws
In Texas, driving while intoxicated (DWI) and driving under the influence (DUI) are serious offenses that can result in severe penalties. A person is considered to be driving while intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are impaired by drugs or alcohol. For drivers under the age of 21, any detectable amount of alcohol in their system constitutes a DUI.
Signs of driver impairment can include swerving, erratic braking, slow reaction times, and poor coordination. If a driver is found guilty of a DWI or DUI, this can significantly impact your civil case. Having a knowledgeable Arlington drunk driving accident lawyer on your side can help you understand the implications of these laws and how they can be used to bolster your claim.
Identifying Liable Parties in an Arlington Drunk Driving Accident
While the drunk driver is often the primary party held responsible in a drunk driving accident, other parties may also be held accountable. An experienced Arlington drunk driving accident attorney will conduct a thorough investigation to uncover any additional responsible parties.
These parties can include employers who allow employees to drive company vehicles while intoxicated, alcohol vendors who knowingly serve intoxicated patrons, and social hosts who provide alcohol to guests who are visibly intoxicated. By identifying all liable parties, your attorney can help ensure that you receive the full compensation you deserve for your injuries and losses.
Compensation Available in an Arlington Drunk Driving Accident Claim
In a drunk driving accident claim, victims can seek various types of compensatory damages. These can include medical expenses, lost wages, pain and suffering, and property damage. Additionally, if a victim suffers a permanent disability or disfigurement, they may be entitled to compensation for their ongoing care and diminished quality of life.
In some cases, victims may also be eligible to pursue punitive damages. Punitive damages are intended to punish the drunk driver and deter others from engaging in similar behavior. An experienced Arlington drunk driving accident lawyer can help you determine the types and amounts of compensation you may be entitled to in your specific case.
Drunk Driving FAQ’s for Arlington Residents
It is common for victims and their families to have many questions about drunk driving accidents and the legal process. To help address these concerns, we have compiled a list of ten commonly asked questions and provided answers and resources for prospective clients:
What should I do immediately after a drunk driving accident?
Immediately after a drunk driving accident, it is crucial to first ensure the safety of yourself and others involved. If anyone is injured, call 911 for medical assistance. Next, report the accident to the police and ensure they are aware that you suspect the other driver is intoxicated. If possible, collect evidence from the scene including photos, witness statements, and the other driver’s contact and insurance information. Finally, consult with an Arlington drunk driving accident lawyer to discuss your legal options.
How can I prove the other driver was intoxicated?
Proving the other driver was intoxicated can be done through police reports, witness statements, and any breathalyzer or blood tests conducted at the scene. Your Arlington drunk driving accident lawyer can also assist in gathering additional evidence, such as surveillance footage from nearby cameras or expert testimony.
Can I still receive compensation if I was partially at fault for the accident?
Yes, under Texas’s comparative negligence law, you can still receive compensation if you were partially at fault for the accident. However, your compensation may be reduced by the percentage of fault attributed to you. An Arlington drunk driving accident lawyer can help you understand how this law applies to your case.
What if the drunk driver is uninsured or underinsured?
If the drunk driver is uninsured or underinsured, you may be able to seek compensation from your own insurance company under your uninsured/underinsured motorist coverage. An Arlington drunk driving accident lawyer can guide you through this process and ensure you receive the compensation you deserve.
How long do I have to file a drunk driving accident claim in Arlington?
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This includes drunk driving accidents. However, there are certain exceptions that can extend or shorten this deadline, so it is important to consult with an Arlington drunk driving accident lawyer as soon as possible.
Can I sue the bar or restaurant that served the drunk driver?
In some cases, you can sue the bar or restaurant that served the drunk driver under Texas’s dram shop laws. These laws hold establishments liable if they overserve a visibly intoxicated person who then causes an accident. An Arlington drunk driving accident lawyer can help determine if this applies to your case.
What if the drunk driver was not convicted of a DWI or DUI?
Even if the drunk driver was not convicted of a DWI or DUI, you can still pursue a civil lawsuit for damages. A criminal conviction is not necessary to prove negligence or fault in a civil case. An Arlington drunk driving accident lawyer can help you understand your legal options.
What is the difference between compensatory and punitive damages?
Compensatory damages are intended to compensate you for the losses you have suffered as a result of the accident, such as medical bills, lost wages, and pain and suffering. Punitive damages, on the other hand, are intended to punish the wrongdoer and deter similar behavior in the future. An Arlington drunk driving accident lawyer can help you understand what types of damages you may be eligible for.
Can I receive compensation for my emotional distress?
Yes, emotional distress is a type of damage that can be compensated in a personal injury lawsuit. This can include things like anxiety, depression, and post-traumatic stress disorder resulting from the accident. An Arlington drunk driving accident lawyer can help you document your emotional distress and include it in your claim.
How much will it cost to hire an Arlington drunk driving accident lawyer?
The cost to hire an Arlington drunk driving accident lawyer can vary depending on the specifics of your case. Many lawyers operate on a contingency fee basis, meaning they only get paid if they win your case. This ensures that everyone, regardless of their financial situation, has access to legal representation. It’s best to discuss fee structures and payment options during your initial consultation.
Reach Out to an Arlington Drunk Driving Accident Lawyer
If you or a loved one has been involved in a drunk driving accident, it is crucial to reach out to an experienced Arlington drunk driving accident lawyer as soon as possible. The Adley Law Firm offers complimentary and confidential consultations to discuss your case and help you understand your legal options.
The dedicated team at The Adley Law Firm is committed to obtaining maximum compensation and justice for victims and their families. They work on a contingency fee basis, which means there are no attorney fees or case expenses unless a financial recovery is achieved. Don’t let the actions of a drunk driver dictate your future – contact The Adley Law Firm today to begin the process of seeking the justice you deserve.