All drivers have a legal duty of care to operate their vehicles safely and obey the rules of the road. Driving under the influence (DUI) refers to drivers who operate their vehicles after consuming alcohol or using other drugs. This is incredibly dangerous and often leads to serious accidents as well as severe legal penalties for DUI drivers. It’s imperative for Dallas drivers to understand the dangers of DUI, and our Dallas Car Accident Lawyers at Fielding Law want drivers to know what to do after an accident with a DUI driver.
If you or a loved one has suffered injuries and other damages due to the actions of a drunk driver, it’s important to connect with an attorney as soon as possible. After receiving medical care for the injuries, contact an attorney right away to begin building a lawsuit. A DUI driver who causes injuries and other damages to other drivers will likely face criminal charges from the state along with civil actions from the victims. The right attorney will help his or her client secure the evidence necessary for proving the DUI driver’s fault.
If you lost a loved one in an accident, you still have options. Family members are eligible receive compensation, for these types of claims you should reach out to a wrongful death attorney and start the process of a claim.
If the driver that struck you was a truck driver, you may also have a different case in your hands. These cases involve the trucking company who employed the driver, therefore, your truck accident lawyer will have to do more digging and could possible hold the company’s insurance company liable for your damages.
Drivers who suffer injuries and property damage from DUI accidents can sue for several types of compensation, including medical expenses, pain and suffering, property damage, and lost income from missed time from work. DUI is incredibly dangerous and inconsiderate of every other driver on the road, and the team at Fielding Law wants to help victims of DUI accidents secure the compensation they need to recover. Contact our Dallas Personal Injury Attorneys today to schedule a free consultation, and we can let you know what type of compensation you can expect from a lawsuit.
Each state has unique laws concerning DUI offenses. In Texas, the legal blood-alcohol concentration (BAC) limit is .08%. Anything above this limit would qualify as a DUI offense. Commercial drivers may not exceed .04%, and drivers younger than 21 may not drive with any amount of BAC. Texas also has strict open container laws, meaning it is illegal to drive with an open container of alcohol in the vehicle. An open container citation on its own will lead to a $500 fine and a Class C misdemeanor, and an open container violation with a DUI violation will be a Class B misdemeanor and offenders will face at least six days in jail.
Underage drivers who commit DUI offenses will face license suspension for up to one year, fines up to $500, and must attend a 12-hour alcohol education program. Those who fail to complete such a program will face an additional 180-day license suspension. Some judges may also require community service, or an ignition interlock device installed in the vehicle. These devices require the driver to blow into a breathalyzer before the vehicle will start, to ensure they are not impaired.
Penalties for drivers over 21 typically include fines, license suspension, community service, DUI training and education program enrollment, and jail time, even for a first offense. Drivers who incur DUI charges will also face expensive court filing fees, higher insurance premiums, and legal actions from injured drivers. The penalties for subsequent DUI offenses increase with each offense. A repeat offender may eventually lose his or her driver’s license permanently.
Any car accident can be dangerous, but when you realize the other driver was drunk, it adds more stress to the situation. To give your car accident claim the best chances of success, keep a calm mind and follow these steps:
If the other driver receives a DUI conviction, you will have a high likelihood of filing a successful civil claim. The other party does not need a criminal conviction to be liable for your accident, but you can still use related evidence from the criminal case to help support your case. A skilled attorney will have the resources to help you gather the necessary evidence to support your claim, and following these steps can support your case.
At Fielding Law, we know Texas DUI accidents can have a serious impact on your life. That’s why we use our experience to help victims of these crashes recover their rightful compensation so they can focus on recovery. Contact us for a free consultation to protect your rights.