Unique Aspects of Intoxicated Driver Accidents

There are many aspects of a drunk driver collision that are different than the standard motor vehicle accident in the area. To begin, if a person is intoxicated while driving and causes a wreck that harms another person, that is a criminal offense. That means the intoxicated driver will likely face two cases at once: one in criminal law and one in civil law. In some cases, a guilty verdict or plea in a criminal case can be used as evidence in a separate civil case. Another thing that makes these accidents different from other wrecks is the prospect of getting punitive or exemplary damages. Very often, when a defendant violates the law, such as by driving while intoxicated, a Denton personal injury attorney may argue for the gross negligence standard. These damages go above the compensatory losses the claimant suffered in the wreck and aim to punish the defendant driver.

What Damages Can be Sought from a Drunk Motorist?

As in most personal injury cases, someone harmed by a drunk driver can seek compensatory damages to cover their economic and non-economic losses suffered in the crash. Economic damages account for the financial, tangible losses a claimant suffered and include:

  • Lost wages and earning capacity
  • Medical bills
  • Property damage
  • Physical therapy and rehabilitation

On the other hand, are non-economic damages.

These aim to compensate someone injured in a vehicle wreck for their intangible, human losses, including:

  • Pain and suffering
  • Mental anguish
  • Disability
  • Disfigurement
  • Loss of consortium
  • Decreased quality of life

A well-practiced car accident lawyer in Denton could also help a claimant calculate their future losses that were caused by the drunk driving accident. This can be done by gathering sufficient evidence of losses and speaking with experts.

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Impact of Comparative Negligence

The state of Texas follows a modified comparative negligence standard. Under this theory, a court must analyze the actions of all involved parties and assign each a percentage of liability. If a claimant is deemed 50 percent or less responsible for the collision that caused them harm, they can still seek restitution from the other at-fault person. However, if they are determined to be over 50 percent responsible, the claimant is  barred from recovery entirely.

Additionally, while a claimant still may be able to recover compensation if they are partially at fault, this compensation will be greatly limited. The recoverable damage award will be reduced by the claimant’s percentage of fault. As intoxicated motorist accidents can be especially catastrophic, any reduction of recovery could have a substantial impact on a claimant.

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Discuss Drunk Driving Accidents with a Skilled Attorney

People involved in drunk driving accidents are likely to be dealing with serious physical, mental, and financial losses. Fortunately, the state allows you to seek financial recourse from the party responsible for your wreck.

If you were struck by an intoxicated driver, either as a fellow motorist, pedestrian, or biker, you could have grounds for a civil claim. Call our team of hardworking injury attorneys to discuss your legal options.

Denton Case Types

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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