After an accident involving a drunk or impaired driver, you may wonder how it changes your personal injury claim. As a Sharpstown car crash lawyer, Ryan Nguyen knows these cases can carry additional legal weight. Evidence of intoxication may strengthen your claim and help identify every available source of compensation.
After a crash caused by an intoxicated driver, call Ryan Nguyen. He earned his nickname, The Falcon, by fighting for his clients when careless drivers caused injuries.
What Makes Drunk and Impaired Driving Accidents Different?
Texas law recognizes impairment from more than alcohol. Under Penal Code § 49.01, a driver counts as intoxicated if they’ve lost the normal use of their mental or physical faculties from alcohol, drugs, or a combination of both. That means you may have a personal injury case whether the other driver was impaired by prescription medication or an illegal substance. A person is also intoxicated with an alcohol concentration of 0.08 or more.
Here’s what else sets these cases apart.
Your Civil Case Is Separate From the Criminal Case
Drivers who cause crashes while intoxicated may face DWI charges in criminal court. That criminal case is separate from your civil personal injury claim, which can seek compensation for medical bills, lost wages, emotional damages, and other crash-related losses. You do not have to wait for a conviction to file a civil claim.
An Attorney Must Still Prove Causation
A driver’s intoxication does not win your case by itself. Your attorney must show that the driver’s impairment caused the crash and that the collision caused your injuries. Acting quickly can help preserve key evidence, including crash reports, witness statements, blood or breath test results, and available video footage.
You May Be Able to Pursue Exemplary Damages
When conduct reaches gross negligence, Texas law may allow exemplary damages on top of regular damages. Impaired driving can support such a claim, depending on the facts.
Texas generally caps exemplary damages. The cap does not apply, however, to a claim based on conduct described as intoxication assault or intoxication manslaughter. Whether that exception applies depends on the evidence and circumstances of the crash.
An Alcohol Provider May Share Liability
The impaired driver may not be the only potentially liable party. Under the Texas Dram Shop Act, an alcohol provider may be liable if it served someone who was obviously intoxicated and that person later caused your crash. A viable dram-shop claim may provide another potential source of recovery when the driver’s insurance is not enough.
How a Sharpstown Car Crash Lawyer Can Help You
How can a Sharpstown car accident lawyer, like Ryan Nguyen, help you after a drunk or impaired driver hits you? Here are some key steps he takes to increase the chances of a larger payout on your behalf:
- Investigating the crash before important evidence disappears. Ryan can obtain the CR-3 crash report, review any DWI arrest records, field sobriety test information, and blood or breath test records.
- Identifying every available source of compensation. The drunk driver’s auto-insurance policy may be only one part of the picture. If the impaired driver was drinking at a bar, restaurant, nightclub, or other alcohol-serving business before the crash, Ryan can also investigate a possible Texas Dram Shop Act claim.
- Calculating the full impact of the wreck. A quick settlement offer may not account for ongoing treatment, future limitations, or the real effect of a traumatic crash. Before accepting an offer, it is important to understand what your claim may actually be worth. Ryan works to document and pursue the full range of crash-related losses supported by the evidence.
- Pursuing exemplary damages when the facts support them. Texas generally limits exemplary damages, but the statutory cap does not apply to a claim based on conduct described as intoxication assault or intoxication manslaughter. Whether that exception applies depends on the specific facts and the criminal conduct involved.
- Handling the insurance companies while you focus on recovery. Ryan can handle communications with insurers and prepare your compensation demand. If necessary, he will take the case to court.
If a drunk or impaired driver injured you in Sharpstown, you do not have to figure out the legal process alone while trying to heal. Ryan Nguyen fights for the compensation you need to move forward while you recover.
Book a Free Consultation Today
Being hit by a drunk or impaired driver can make your personal injury claim more complex and potentially more valuable. Depending on the facts, you may also have a claim for exemplary damages or against a bar or restaurant that overserved the driver. As a Sharpstown car crash lawyer, Ryan Nguyen knows how to investigate impaired-driving crashes and identify every possible source of compensation.
If a drunk or impaired driver injured you in Sharpstown, don’t leave money on the table. Reach out to The Falcon for a free consultation. Pay nothing unless we win!
