The Benefits of an Experienced Personal Injury Lawyer When You Have Been Hurt by a Drunk Driver
According to the National Highway Traffic Safety Administration, nearly one of every three motor vehicle accidents involve a motorist who is impaired by either drugs or alcohol. In those situations where the defendant is arrested, charged and convicted of a DUI/DWI, evidence of that conviction may be admissible to prove fault in a personal injury claim for damages. But there are a variety of circumstances where a defendant may neither plead guilty to driving while impaired nor be convicted, though drugs or alcohol clearly contributed to causing the accident. It’s important to understand that, in a criminal prosecution, the evidence must show “beyond a reasonable doubt” that the defendant violated the law. In a civil lawsuit for damages, though, the burden of proof is significantly less—you must only provide evidence that shows that it was more likely than not that the defendant’s use of alcohol caused the accident. An experienced drunk-driving accident lawyer can help you pursue full and fair compensation for all your losses.
Under Texas law, a blood alcohol concentration of .08 will automatically subject you to prosecution for driving while intoxicated. A person can, however, demonstrate signs of impairment at significantly lower levels of intoxication—some states, such as New York, will find evidence of impairment at .05%.
Just because the police or prosecutors choose not to file charges for drinking and driving does not mean that you cannot introduce evidence of intoxication at a personal injury trial. You want an attorney who fully understands the laws governing liability for a motor vehicle accident, who knows how to introduced compelling evidence that a defendant’s use of alcohol caused a motor vehicle accident.
Drunk-Driving Auto Accidents Often Pose Insurance Problems
Estimates are that about 30% of all DUI arrests nationwide are repeat offenders. As a general rule, when a person pleads guilty or is convicted of drunk driving, it will be reported to his or her insurance company. That can have a couple of consequences—the insurance company may cancel the drunk driver’s auto insurance or may significantly increase the premiums for coverage, making insurance cost-prohibitive. Under either scenario, it may put a driver on the road with inadequate of even no vehicle insurance.
If you have been injured by a drunk driver and discover that he or she had little or no insurance coverage, you want an attorney who understands the other potentially liable parties to a personal injury claim:
- The bar, tavern, restaurant or private host who provided the alcohol
- Your own insurance company, if you had an uninsured/underinsured motorists provision in your automobile policy
- The manufacturer of a dangerous or defective auto part, if relevant to the cause of the accident
- The governmental body responsible for roadway maintenance, if your accident was caused in any way by defects in the road
Contact the Experienced Drunk Driving Accident Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we will aggressively help you pursue full and fair compensation when you have been injured in any type of motor vehicle accident, including crashes caused by persons driving while intoxicated or under the influenced of drugs or alcohol. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
