How to File a Lawsuit Against a Drunk Driver in Texas
Being involved in an accident with a drunk driver can have devastating consequences. In Texas, victims have the right to pursue legal action to seek compensation for their injuries and damages. Here’s a comprehensive guide on how to file a lawsuit against a drunk driver in Texas.
1. Seek Immediate Medical Attention
Your health is the top priority. Even if injuries seem minor, consult a medical professional promptly. Immediate medical attention ensures your injuries are documented, which is crucial for your case.
2. Report the Accident to Law Enforcement
Contact the police immediately after the accident. An official police report will document the incident, noting any evidence of the driver’s intoxication, which is vital for your lawsuit.
3. Gather Evidence at the Scene
If you’re able, collect evidence from the accident scene:
- Photographs: Capture images of vehicle damage, skid marks, traffic signs, and any visible injuries.
- Witness Information: Obtain contact details from witnesses who can corroborate your account.
- Driver Details: Note the drunk driver’s name, contact information, license plate number, and insurance details.
4. Consult an Attorney
Speak to an experienced Waco accident attorney. They can guide you through the legal process, handle communications with insurance companies, and advocate on your behalf.
5. File the Personal Injury Lawsuit
Your attorney will assist in filing a personal injury lawsuit against the drunk driver. This involves:
- Drafting the Complaint: A legal document outlining your claims and the damages sought.
- Serving the Defendant: Officially notifying the drunk driver of the lawsuit.
- Discovery Process: Both parties exchange evidence and information pertinent to the case.
Proving Negligence and Liability
To succeed in your lawsuit, you must demonstrate that the drunk driver’s negligence caused your injuries. To hold the drunk driver accountable, you must prove the four essential elements of negligence:
- Duty of Care: All drivers have a legal obligation to operate their vehicles safely and follow traffic laws to prevent harm to others on the road.
- Breach of Duty: Driving under the influence (DUI) violates this duty as it impairs judgment, reaction time, and coordination.
- Causation: You must prove that the drunk driver’s actions directly caused the accident and your injuries.
- Damages: Finally, you must demonstrate that you suffered measurable losses (medical expenses, lost wages, pain and suffering, etc.) due to the accident.
Evidence such as the police report, witness testimonies, and medical records will be crucial.
Types of Potential Damages
You may be entitled to various forms of compensation, including:
- Economic Damages: Medical bills, rehabilitation costs, property damage, and lost income.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the offender and deter similar behavior.
Dram Shop Liability Lawsuits
Texas Dram Shop Laws allow victims of drunk driving accidents to hold alcohol-serving establishments liable if they overserved a visibly intoxicated person who later caused harm. If a bar, restaurant, or club continued serving alcohol to someone who was clearly impaired, and that individual then caused an accident, the establishment may be held partially responsible for damages.
Additionally, Texas law holds businesses liable for serving alcohol to minors who later cause harm. These laws provide an additional avenue for victims to seek compensation beyond the drunk driver’s insurance.
How Long Do I Have to File a Lawsuit Against a Drunk Driver?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. It’s crucial to file your lawsuit within this timeframe to preserve your right to seek compensation.