El Paso Personal Injury Attorney: Drunk Driving Accidents
If you have been injured by a drunk driver in Texas, you need to speak with a personal injury attorney experienced in drunk driving accident claims as soon as possible. Drunk drivers who cause accidents are not only criminally liable in these cases, but they are also civilly liable for any harm that they cause. With criminal liability, a drunk driver may face jail time, penalties, or probation (or a combination of the three). With civil liability, however, the drunk driver may be responsible for the victim’s financial harm—such as the cost of medical bills, lost time from work, and pain and suffering.
The Elements of a Civil Lawsuit
In personal injury claims, such as those involving motor vehicle accidents, the victim must show:
- The at-fault driver owed a duty to the victim;
- This duty was breached due to the at-fault driver’s negligence; and
- Due to that breach, the victim suffered damages.
The victim must prove each of these elements for a civil claim to proceed.
Typically, proving the first element is relatively simple. Every time a driver enters a public roadway, that driver undertakes a duty to drive reasonably under the circumstances. Following speed limits, paying attention while driving, and abstaining from drugs or alcohol before getting behind the wheel are all examples of driving in a reasonable manner.
Drinking and driving is negligent behavior. Driving while intoxicated may be proven by Breathalyzer tests, blood tests, or field sobriety tests. In addition, other witnesses may have noticed erratic behavior shortly before the accident, or perhaps that the driver had consumed several drinks before getting into the vehicle.
Finally, the victim’s damages must be clearly established by objective evidence. Damages include the financial harm the victim has suffered or will suffer in the future. The victim must provide medical bills, employer records, prescription records, and expert analysis on the cost of future medical care to claim these types of damages in a civil lawsuit.
Personal injury attorneys work relentlessly to protect injured victims. With strong evidence of damages, the accident victim is much more likely to obtain compensation, whether it is by a settlement or a courtroom trial.
Do Not Delay in Seeking Legal Advice
If you or a loved one was injured by a drunk driver, you need to speak with a drunk driving accident attorney in El Paso as soon as possible to ensure your rights are protected. At the Aranda Law Firm, we provide compassionate, aggressive representation to you during this difficult time. Call today to schedule a consultation.