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(512) 910-2000In this day and age, you can get a ride wherever you need to go in a matter of minutes by simply opening an app on your phone. With rideshare companies operating regularly in Austin and other transportation options, it is difficult to imagine why anyone might decide to try to get behind the wheel of a vehicle after they have been drinking. Unfortunately, people make this decision every day, and many of them cause serious accidents that result in life-changing injuries to innocent and unsuspecting victims.
In addition to the physical trauma, property damage and emotional stress that victims are left within a typical car accident, the victims of drunk driving accidents are left with the difficult knowledge of knowing their misfortune could have been prevented if someone did the responsible thing and abstained from drinking and driving. Drivers who are intoxicated and cause completely unnecessary injuries and losses should be held accountable for their actions to the fullest extent of the law, and victims should be fully compensated for their losses.
How could they be so reckless? Will justice be served? Our Austin drunk driving accident lawyers at TK Injury Lawyers, understand what you are going through and will work tirelessly to make the legal process as anxiety-free as possible while we also work to maximize your recovery. We have seen firsthand the disruption and tragedy that drunk drivers can cause, and we are on your side as an accident victim. Contact our office today for a free case evaluation.
According to the National Highway Traffic Safety Administration (NHTSA), someone dies in the United States in a drunk driving crash every 50 minutes, which is about 30 people per day. Many more people survive drunk driving accidents but are left facing life-altering injuries.
In addition, 1,618 more drunk driving accidents caused property damage and other problems for Austin motorists.
While you might think that a drunk driving accident will never happen to you, the statistics show that many people are involved in such crashes on a regular basis – in Austin, throughout Texas, and across the United States. These numbers mean that drunk drivers can injure anyone on the road at any time, and you should know what to do in the event of an accident.
If you are hurt in a drunk driving crash, there are certain things you can do to protect your legal rights. Some of the most important include:
In cases of drunk driving accidents, proving that a driver was under the influence of alcohol is necessary for an accident claim. The measurement used to determine a driver’s level of intoxication is known as blood alcohol content (BAC). In Texas, as well as throughout the United States, it is illegal to operate a motor vehicle with a BAC level of 0.08% or higher.
You must have evidence that supports your claim that a driver was drunk. This includes obtaining police reports, eyewitness testimonies, and any other relevant evidence. However, one of the most important pieces of evidence is the driver’s BAC level at the time of the accident. This can be determined through a blood or breathalyzer test conducted by law enforcement.
The BAC level serves as a concrete measure of a driver’s impairment and can significantly impact the outcome of an accident claim. With this evidence, your Austin drunk driving accident attorney can build a strong case to hold the drunk driver accountable for their actions and pursue the compensation you deserve.
Medical expenses can be a significant financial burden after a DWI accident. From emergency medical services to hospital stays, surgeries, rehabilitation, and ongoing medical treatments, the costs can quickly add up. Your attorney will work to recover these expenses by gathering all necessary medical records and bills and negotiating with the insurance company or representing you in court if necessary.
Lost wages may also be a significant concern after a DWI accident. If your injuries prevent you from working or require you to take time off, you may be entitled to compensation for the wages you’ve lost. An attorney will calculate the value of these lost wages, taking into account your current and future earning capacity, and include them in your claim.
Pain and suffering is a non-economic damage that can be challenging to quantify but is crucial to consider in your claim. It encompasses physical pain, emotional distress, and the impact the accident has had on your overall quality of life. Your attorney will help you determine a fair and reasonable value for this type of damage and include it in your claim.
The first thing to do after a crash is to contact an experienced drunk driving accident attorney. They will handle the process of filing the claim for you.
When filing a claim against a drunk driver, you must demonstrate that their negligence or recklessness led to the accident and your injuries. Your attorney will help gather evidence such as police reports, witness statements, and medical records to prove the liability of the drunk driver.
Your lawyer will consider the potential damages you might be entitled to when filing your claim. They will demand a fair settlement from the driver’s insurance company and negotiate until the insurer agrees to compensate all your losses.
Filing a claim against a drunk driver may seem overwhelming, but with the right attorney by your side, you can obtain the justice and compensation you deserve.
As the victim of an accident caused by a drunk driver, it may feel good to know that the person who hit you is facing criminal charges and is likely going to face consequences, such as fines, loss of their driver’s license, probation, or possibly even jail time. It’s critical to keep in mind, however, that the criminal case against the drunk driver will do little to compensate you for the losses you incurred.
While a judge might order a drunk driver to pay restitution to accident victims, such restitution usually does not come close to the amount you deserve to cover your losses. Instead, you generally need to take separate action to seek full financial recovery.
The process of filing an injury claim often starts with an insurance claim against the drunk driver’s auto insurance policy. Our attorneys will calculate your past and future damages, and we will negotiate for maximum compensation from the insurer. If the insurance company refuses to cooperate, we can file a personal injury case in civil court, which is a separate matter from any criminal proceedings.
If you choose us to pursue your personal injury claim, you will work directly with experienced Austin Drunk Driving Accident Attorney Jim Terry and Trent Kelly every step of the way. Jim and Trent handle their own cases at all times, so you will never be left to deal with an unfamiliar attorney or a legal assistant who does not know the details of your case.
We will tailor a strategy to your unique needs and build the strongest possible case for obtaining compensation from all liable parties. This may include bar and restaurant owners in addition to drunk drivers. Under the Dram Shop Act, establishments that sell or serve alcohol can be sued for damages that occur from over-serving. These can be complex legal matters that we will pursue aggressively to ensure that every liable party compensates you for your losses.
Our clients’ experiences speak for themselves, and many of them have moved forward after an injury in the most favorable position possible.
“Trenton met with my wife and me about an auto accident where insurance was wanting to settle for far less than even the medical expenses. He spent time with us discussing the merits of our case, without a commitment from us to utilize his services. Trenton provided a blueprint for action, and it worked! — Nick (client from Austin)
View more client feedback on our Testimonials page. Do not just rely on client testimonials, however – contact our office directly to learn more about how we handle injury claims and approach each case in an individualized and caring manner.
The legal team at the office of TK Injury Lawyers, believes that there is no excuse for drunk drivers who put others’ lives in danger. When people sustain preventable injuries in this type of crash, we seek maximum compensation from the drunk driver to ensure that injured victims and their families have the financial recovery they need and deserve. We know how to hold drunk drivers accountable, and we are ready to help you with your claim.
If you have been in a car accident caused by a drunk driver and have questions about your right to benefits for medical bills, lost wages, and other damages, an experienced Austin car accident lawyer is here for you. Call TK Injury Lawyers at 512-910-2000, or fill out our online contact form. Consultations are always free, with no obligation.
Client Reviews
After I was hit by a car on my scooter, I worked with Jim Terry and Trent Kelly, with Trent handling the bulk of my case. I was pleased with their professionalism and that they were always good about staying in touch and keeping me up-to-date on my case. I trusted them completely, and they resolved my case faster than I expected, getting me a great settlement!
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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