San Antonio Drunk Driving Injuries Lawyer

Marco Bass Injury and Accident Lawyers > San Antonio Drunk Driving Injuries Lawyer

A car crash with two vehicles at night in the city.Imagine driving home after a long day at work, looking forward to relaxing and spending time with your family, when suddenly, you’re involved in a car accident caused by a drunk driver. The aftermath of such an accident can be overwhelming and life-altering. But what can you do to hold the drunk driver accountable and seek compensation for your injuries? That’s where the San Antonio drunk driving accident lawyers from Marco Bass Injury and Accident Lawyers come in. As a premier San Antonio personal injury law firm, we are committed to helping Texas residents obtain financial restitution for accidents caused by others’ negligence, especially in cases involving drunk driving.

By working with Marco Bass Injury and Accident Lawyers, we will discuss the prevalence of drunk driving accidents in San Antonio, the impacts of alcohol on driving, the legal rights of drunk driving accident victims, and the services provided by a San Antonio drunk driving injuries lawyer at Marco Bass Injury and Accident Lawyers. Call 210-600-0000 for a free consultation and let us pursue the compensation you deserve. Let us advocate for you and work towards justice in the aftermath of a drunk driving incident.

Understanding Drunk Driving Accidents in San Antonio

Drunk driving accidents are alarmingly common in San Antonio, with the city having one of the highest occurrences in Texas. In 2018, 1,839 drunk driving crashes occurred. These crashes resulted in 43 fatalities and 92 serious injuries. The following year saw an increase in drunk driving incidents, with 1,871 total crashes recorded.

Given the high prevalence, comprehending the impacts of alcohol on driving and the common types of accidents due to intoxicated drivers is vital.

Alcohol’s Impact on Driving

Alcohol significantly impairs a driver’s ability to operate a vehicle safely. In Texas, a person is legally considered intoxicated when their blood alcohol concentration level reaches 0.08. This is the legal threshold for intoxication in the state. Alcohol affects various functions necessary for safe driving, including:

  • Sensory perception
  • Muscle coordination
  • Reflexes
  • Reaction time
  • Judgment

and more.

The devastating consequences of drunk driving accidents, including drunk driving collisions, underscore the importance of holding drunk drivers accountable and seeking justice for the victims.

Common Types of Drunk Driving Accidents

Man driving while drinking, holding a green bottle.Intoxicated drivers often commit the most dangerous driving errors, such as swerving into oncoming traffic or disregarding traffic signs and signals. These actions can result in various types of car accidents, with the most frequent types in San Antonio being head-on collisions, distracted driving accidents, and car collisions due to impaired judgment and reaction time. Tragically, these accidents can lead to severe injuries or even wrongful death.

Approximately 24% of fatal wrong-way accidents in San Antonio are attributed to a drunk driver. This statistic highlights the severity of the problem and the need for effective legal advocacy to hold drunk drivers accountable and help victims seek compensation for their losses.

Legal Rights of Drunk Driving Accident Victims

Victims of drunk driving accidents have specific legal rights, as outlined in the applicable legislation. They may be eligible to pursue compensation for their losses, such as:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Property damages
  • Punitive damages

To exercise these rights, victims need to file a personal injury claim, which can be a complex process.

Securing legal representation from an experienced San Antonio drunk driving accident lawyer, such as those at Marco Bass Injury and Accident Lawyers, is imperative. We can help you with the following:

  • Navigate the legal process
  • Investigate your accident
  • Gather evidence
  • Negotiate with insurance companies
  • Litigate in court if necessary

Filing a Personal Injury Claim

Filing a drunk driving accident claim for a drunk driving accident involves several steps. First, you’ll need to gather all relevant facts and evidence, including documentation of your injuries, medical records, bills, treatment expenses, and any existing police reports, witness statements, and citations issued to the drunk driver. Once you have all the necessary documents, you can initiate a personal injury claim against any liable parties to seek reparation.

Engaging a DUI accident attorney Marco Bass Injury and Accident Lawyers during insurance company negotiations can help ensure fair compensation and legal representation. We can help you with the following:

  • Determine the deadline for filing a lawsuit, which is generally two years from the date of the accident in Texas
  • Navigate the legal process
  • Provide experienced representation

Having an attorney by your side can make all the difference in securing a favorable outcome.

Texas Statute of Limitations

Personal injury spelled out in blocks.Being aware of the Texas Statute of Limitations is crucial when filing a personal injury claim for a drunk driving accident. In Texas, the statute of limitations is two years for misdemeanor charges and three years for felony charges.

Additionally, the “discovery rule” can extend the statute of limitations in cases where the injury is inherently undiscoverable. Consulting with a knowledgeable San Antonio auto accident lawyer is crucial to ensure your claim is filed within the appropriate time frame.

Proving Fault in Drunk Driving Accident Cases

Establishing negligence and fault in drunk driving accident cases is a critical aspect of securing compensation for the victims. To demonstrate fault, it’s necessary to show that the driver was irresponsible due to intoxication and that there is a direct correlation between the driver’s violation of duty and the damages or injuries incurred. This process involves proving a breach of duty and establishing causation.

Duty of Care

In personal injury cases, the concept of duty of care is paramount. Duty of care refers to the obligation each party has to exercise caution while operating a vehicle. For example, drivers must abide by traffic laws and demonstrate prudence while driving.

In drunk driving accidents, the duty of care is breached when a driver operates a motor vehicle with a blood alcohol content exceeding the legal limit established by drunk driving laws. This breach of responsibility is deemed as negligence, and the drunk driver can be held liable for any injuries or losses caused as a result of their actions.

Breach and Causation

Proving a breach of duty and establishing causation are essential components of a drunk driving accident case. To prove a breach of duty, you must demonstrate that the driver violated a traffic regulation and caused the accident. In addition, causation refers to the legal requirement of proving that the accident and resulting injuries would not have occurred but for the drunk driver’s conduct.

By establishing a direct link between the driver’s intoxication and the harm caused, you can hold the drunk driver accountable and seek compensation for your losses.

Recovering Damages in Drunk Driving Accident Cases

An attorney showing papers to their injured client.

If you’re a victim of a drunk driving accident, you may be eligible to recover various types of damages to compensate for your losses. These damages can include:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Property damages
  • Punitive damages

In some cases, the drinking establishment that served the intoxicated driver may also be held liable under Texas Dram shop laws. The amount of compensation awarded will depend on the degree of fault of each party involved.

Punitive Damages

Punitive damages, also known as exemplary damages, are additional compensation meant to serve as a deterrent for the defendant’s careless and dangerous conduct. In drunk driving accident cases, punitive damages may be awarded if the court finds that the defendant has acted with malice or gross negligence.

The purpose of punitive damages is to:

  • Serve as a form of punishment for the wrongdoer
  • Deter others from engaging in similar behavior
  • Go beyond simply compensating the victim for their losses
  • Serve as a powerful tool to hold drunk drivers accountable.

How Marco Bass Injury and Accident Lawyers Can Help

In the aftermath of a drunk driving accident, having an experienced legal team on your side is vital. Marco Bass is a premier San Antonio personal injury lawyer, dedicated to helping Texas residents obtain financial restitution for accidents caused by others’ negligence. With a team of skilled attorneys, we can effectively advocate for your rights and ensure that you receive the compensation you deserve.

Contingency Fee Basis

One of the benefits of working with Marco Bass Injury and Accident Lawyers is our contingency fee basis. This means that you won’t have to worry about upfront legal fees, as we only collect a fee if they win a settlement or judgment for you.

This arrangement not only makes legal representation more accessible for those without financial resources but also incentivizes our law firm to work diligently on your case.

Case Preparation and Negotiation

Marco Bass Injury and Accident Lawyers takes a comprehensive approach to personal injury cases, ensuring that each client’s file is prepared as if it were going to trial in front of a jury. We are not inclined to waste time negotiating with insurance adjusters and instead strive to obtain a settlement from the insurance company or file a lawsuit. By meticulously preparing each case and engaging in strategic negotiations, Marco Bass Injury and Accident Lawyers increases the likelihood of obtaining favorable outcomes for our clients.

Tips for Protecting Your Rights After a Drunk Driving Accident

After a drunk driving accident, taking steps to protect your rights and gather evidence is essential. At the scene of the accident, be sure to:

  • Collect photographs of the collision and any injuries
  • Collect the contact information of any witnesses and others involved in the crash
  • If the intoxicated driver appears to be a threat after exiting their vehicle, keep a safe distance and document evidence of the incident, such as photographs and videos of the crash, the license plate, and the irresponsible driver.

Seeking medical attention after a drunk driving accident is also crucial, as it documents injuries and their timing, which can be pivotal in a compensation claim. Furthermore, it’s imperative to report the accident to the police, as crash reports, citations, and charges against the drunk driver can be essential in any subsequent legal action.

How Marco Bass Injury and Accident Lawyers Can Help You

Following a drunk driving accident, navigating the complex legal process can be overwhelming. With the help of Marco Bass Injury and Accident Lawyers’s experienced drunk driving accident attorneys, you can rest assured that your case will be handled with care and professionalism. We will assist you in gathering evidence, determining liability, and recovering compensation for your losses.

Don’t let a drunk driving accident derail your life. Contact Marco Bass Injury and Accident Lawyers today at 210-600-0000 for a free consultation with a drunk driving accident attorney. Let our legal team guide you through the process and fight for the justice and compensation you deserve.

Frequently Asked Questions

Can I sue a drunk driver in Texas?

In Texas, you can sue a drunk driver for pure negligence. However, the insurance company may fight against you, which could reduce your chance of receiving compensation.

What types of damages can be recovered in drunk driving accident cases?

In drunk driving accident cases, victims may be able to recover medical bills, lost wages, pain and suffering, property damages, and punitive damages.

What is the Texas Statute of Limitations for filing a personal injury claim in drunk driving accident cases?

In Texas, the statute of limitations for filing a personal injury claim in drunk driving accident cases is two years for misdemeanor charges and three years for felony charges.

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Map of Marco Bass Injury and Accident Lawyers - San Antonio Location
San Antonio, TX

2119 San Pedro Ave,
San Antonio, TX 78212

Phone:210-600-0000

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Eagle Pass, TX

1934 Del Rio Blvd
Eagle Pass, TX 78852

Phone:830-600-0000