Justice for Victims: Your Rights After Being Hit by a Drunk Driver
Drunk driving is against the law in Texas and all other states. When a person is arrested for driving while intoxicated, they may face consequences such as fines, license suspension, or even jail time.
It’s important to understand that this is just the criminal portion of a drunk driving case. If you have been a victim, a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim, also known as a personal injury lawsuit. This is where true accountability happens.
It’s a common misconception that a drunk driver’s criminal conviction guarantees compensation for the victim. However, criminal cases focus on punishing the offender, not on compensating those who were harmed.
Keep in mind that criminal and civil cases are treated separately, so you can have one without the other. This means that you can still pursue a civil personal injury claim even if the driver isn’t arrested or convicted. While a DUI conviction can strengthen your civil case, it’s not a prerequisite. Your attorney will focus on proving the driver’s negligence and the extent of your damages, regardless of the outcome of any criminal proceedings.
Recovering Compensation
Whether you or a loved one is a drunk driving crash victim, you may be affected physically, emotionally, and financially. A civil claim gives victims the opportunity to recover a wide range of damages meant to make them whole again. These may include the following:
- Emergency medical expenses
- Ongoing medical care and rehabilitation
- Lost wages and reduced future earning capacity
- Pain and suffering
- Emotional distress
- Property damage, including your vehicle
- Loss of enjoyment of life
In cases involving extreme recklessness, you may also qualify for punitive damages. These are meant to punish the offender and deter similar behavior, often leading to significantly higher compensation. Examples of reckless behavior include high blood alcohol level and a history of DUIs.
Recovering compensation is not something that you can handle on your own. There are victim groups such as Mothers Against Drunk Driving (MADD) and Remove Intoxicated Drivers (RID) that can assist you. However, hiring a lawyer to take on your case is likely the best course of action.
Pursuing a civil lawsuit after a drunk driving accident requires detailed investigation, strategic planning, and strong legal advocacy. A lawyer can gather every piece of evidence available, such as police reports, toxicology results, dashcam or surveillance footage, witness accounts, and medical records. They can then calculate your damages, including both economic losses (like medical bills and lost income) and non-economic losses (such as pain, suffering, and emotional trauma).
Contact a Personal Injury Lawyer
Drunk driving affects innocent people every day. These are senseless acts that could have been prevented.
Whether you are an injured victim or a surviving family member, a Houston drunk driving accident attorney from The West Law Office, PLLC can help you get justice. Schedule a consultation to learn more. Call (281) 347-3247 or fill out the online form.
Source:
ovc.ojp.gov/sites/g/files/xyckuh226/files/pubs/OVC_Archives/reports/help_series/pdftxt/drunkdrivingvictimization.pdf