Overview of Drunk Driving Accidents in McAllen
Drunk driving accidents in McAllen, Texas are a serious problem, as they are in many cities across the United States. These accidents often result in severe injuries or fatalities, leaving victims and their families to deal with the emotional and financial aftermath. It is essential to pursue compensation after a drunk driving accident to cover medical expenses, lost wages, and other damages associated with the collision.
The Adley Law Firm is dedicated to helping the victims of drunk driving accidents in McAllen. The experienced attorneys at The Adley Law Firm understand the complexities of these cases and work tirelessly to achieve the best possible outcome for their clients.
How Can a McAllen Drunk Driving Accident Attorney Assist You?
Drunk driving accidents fall under both criminal and civil law, leading to potential legal repercussions for the at-fault driver. While the criminal case focuses on punishing the driver for their actions, the civil case centers on compensating the victim for their injuries and losses. Retaining an attorney to represent you in a civil claim is crucial to ensure your rights are protected and that you receive the compensation you deserve.
The Adley Law Firm offers expertise and experience in handling drunk driving accident cases in McAllen. Their attorneys are well-versed in the relevant laws and are skilled at negotiating with insurance companies to achieve fair settlements. In some cases, it may be possible to settle a claim outside of court, saving time and resources for all parties involved. However, the attorneys at The Adley Law Firm are also prepared to take a case to trial if necessary.
Understanding McAllen Drunk Driving Laws
In Texas, driving while intoxicated (DWI) and driving under the influence (DUI) are used to describe the criminal offense of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Indicators of driver impairment include erratic driving, slurred speech, and failing a field sobriety test.
DWI/DUI laws in Texas can have a significant impact on your civil case. Evidence of a driver’s intoxication, such as the results of a breathalyzer test or a blood alcohol concentration (BAC) above the legal limit of 0.08%, can strengthen your claim for compensation. Additionally, Texas is a modified comparative fault state, meaning that your financial recovery may be reduced if you are found to be partially responsible for the accident. However, if the other driver is found to be more than 50% at fault due to their intoxication, you can still recover damages.
Identifying Liable Parties in a McAllen Drunk Driving Accident
The primary party responsible for a drunk driving accident is typically the intoxicated driver. However, other parties may also share liability. These can include employers, if the driver was operating a company vehicle or driving for business purposes; establishments that served alcohol to the driver, under Texas’ Dram Shop Act; and social hosts, if they knowingly provided alcohol to an intoxicated guest who then caused an accident.
A skilled McAllen drunk driving accident attorney can investigate your case and identify all potential sources of liability. This can increase the chances of obtaining maximum compensation for your injuries and losses.
Compensation You Can Seek in a McAllen Drunk Driving Accident Claim
There are several categories of compensatory damages you may be eligible to seek in a drunk driving accident claim. These include medical expenses, lost wages, pain and suffering, property damage, and more. Additionally, punitive damages may be awarded in cases where the defendant’s conduct was particularly egregious or malicious. Punitive damages are intended to punish the at-fault party and deter similar behavior in the future.
Drunk Driving Accident FAQ’s in McAllen
- What should I do immediately after a drunk driving accident? Call 911, seek medical attention, gather contact and insurance information from all involved parties, and document the scene with photos and notes.
- How long do I have to file a civil claim after a drunk driving accident in McAllen? Texas has a two-year statute of limitations for personal injury claims, including those involving drunk driving accidents.
- What if the drunk driver was uninsured or underinsured? Your own insurance policy may provide coverage for accidents involving uninsured or underinsured motorists.
- Can I still recover damages if I was partially at fault for the accident? Yes, as long as the other driver is found to be more than 50% at fault, you can still recover damages, though your award may be reduced by your percentage of fault.
- What evidence is used to prove a driver was intoxicated at the time of the accident? Breathalyzer test results, blood tests, field sobriety tests, and witness testimony can all be used as evidence of intoxication.
- How can I prove that an establishment or social host is liable for my injuries? Evidence that the establishment or host knowingly served alcohol to an intoxicated person or a minor can be used to establish liability under Texas’ Dram Shop Act.
- Will my case go to trial, or can it be settled out of court? Many cases can be settled out of court through negotiations with insurance companies, but some may require going to trial if a fair settlement cannot be reached.
- How long will it take to resolve my case? The timeline for resolving a drunk driving accident case can vary depending on the complexity of the case and the willingness of the parties to negotiate.
- What if I cannot afford a McAllen drunk driving accident lawyer? Most personal injury attorneys, including those at The Adley Law Firm, work on a contingency fee basis, meaning you do not pay attorney fees or case costs unless a financial recovery is achieved.
- How can I find the right attorney for my case? Research local attorneys, read reviews, and schedule consultations to find an attorney with the experience, knowledge, and dedication to handle your case effectively.
Reach Out to a McAllen Drunk Driving Accident Lawyer
If you or a loved one has been injured in a drunk driving accident in McAllen, don’t hesitate to contact The Adley Law Firm for a free, confidential consultation. The firm’s experienced attorneys are dedicated to obtaining maximum compensation and justice for victims and their families. Remember, there are no attorney fees or case costs unless a financial recovery is achieved. Reach out to a McAllen drunk driving accident lawyer today and take the first step towards holding the responsible parties accountable for their actions.