No car accident case is as simple as it seems, this is especially the case when dealing with an impaired driver. You may be thinking, ‘a drunk driver hit me, what now?’ The best thing you can do is reach out to an experienced car accident attorney working for a law firm that specializes in auto accident and personal injury cases. We provide free consultations to victims that have suffered property damage or become injured by a drunk driver.
Getting hit by a drunk driver can change your life in an instant. One minute you’re on your way to work and then suddenly you’re hurt and having to deal with police officers, doctors, insurance adjusters, and lawyers.
In the moments following a drunk driving accident, you’ll probably feel confused and angry. Try to remain as calm as you can and take the following steps to protect yourself and prepare for a potential car accident claim or lawsuit.
Call 911
Nothing is more important than your physical and mental health. If you or anyone else involved in the accident is injured, call 911 right away. You’ll get the medical treatment you need and have documentation of your injuries and treatment-related expenses.
Call the Police
Call the police too. An officer will speak to everyone involved in the accident and write a police report. Calling the police is essential when you suspect that you’ve been hit by a drunk driver. A police officer can have the driver complete field sobriety tests and take a breathalyzer or blood alcohol test.
The officer’s observations at the scene and the driver’s BAC test results are key pieces of evidence you and the government can use against the driver in civil and criminal court.
Exchange Insurance and Contact Information
Ask the police to help you exchange contact and insurance information with the other driver. You’ll want to get the driver’s full name, driver’s license number, license plate number, and car insurance details.
Document the Scene
After an accident, it’s a good idea to get the names and numbers of people who witnessed the accident. You should also take pictures of the scene, including all vehicles involved in the accident, street signs, traffic signals, and lighting conditions.
But take care not to interfere with the police investigation. The scene of a DUI accident is the scene of a potentially serious crime. DUIs involving personal injury or death are typically charged as felonies and penalties include months or years in prison. You’ll be able to use the information that an investigating officer gathers in your own insurance claim or lawsuit.
Talk to a Lawyer
DUI accidents are often serious and complex with criminal and civil consequences. If you’re the victim of a drunk driver, you might think that you will easily win your civil case and that you don’t need a lawyer. But a lawyer can help you figure out how much compensation you’re entitled to and then help you get it.
Is a Drunk Driver Automatically at Fault for an Accident?
You might think that a drunk driver who is involved in a car accident is automatically at fault for the accident, but that isn’t always the case.
To prove fault after a drunk driving accident, the person suing (the “plaintiff”) typically needs to show:
- the drunk driver (the “defendant”) owed the plaintiff a duty of care
- the defendant breached (violated) that duty, and
- the plaintiff suffered harm (“damages”) as a result of the defendant’s breach of duty.
All drivers have a duty to operate their vehicles with reasonable care and driving while intoxicated is a breach of that duty. But what if the driver’s intoxication isn’t the cause of the accident? For example, what if you rear-end an intoxicated driver at a stop light? Or what if you run a red light and t-bone an intoxicated driver? In these examples, the drunk driver may not be at fault for the accident. The drunk driver would still face criminal penalties for a DUI, but might not be financially on the hook for your injuries and losses.
If you and the drunk driver share blame for the accident, your state’s comparative fault rules will apply to your case. Your recovery may be reduced by your percentage of fault for the accident or barred altogether in a few states.
How Drunk Driving Accident Settlements Work
Before you race to the courthouse to file a lawsuit, you should try to reach a settlement with the drunk driver’s insurance company. Every state requires drivers to carry a certain amount of insurance. If you file a third-party claim against a drunk driver’s car insurance carrier, you might be able to negotiate a generous personal injury settlement.
You will have the upper hand during your negotiations with the drunk driver’s insurance company. Insurers know that a jury is likely to side with you over the drunk driver and will be highly motivated to reach an agreement before the case reaches the courthouse.
People who are injured in DUI accidents can typically recover compensation for the following compensatory damages:
- medical expenses (past and future)
- lost income (past and future)
- the cost to repair or replace damaged property
- rental car reimbursement, and
- pain and suffering (mental and physical).
Why Choose Attorney Caruthers?
If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Caruthers Law Firm
Address: 4141 Southwest Fwy, Suite 400
Houston, TX 77027
(713) 526-9557
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In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.
For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.
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