What determines whether a driver is drunk driving?
Because of its depressant effects on the central nervous system, driving after consuming alcohol can result in erratic driving behavior such as driving too slow, weaving within lanes, or riding too close to the side of the road.
If an officer believes a driver is drunk he will stop the vehicle and have the driver take field sobriety tests such as reciting the alphabet or maintaining balance while standing on one leg. A blood alcohol test, which is used to determine the level of a driver's impairment, will also be administered. If the blood alcohol content is .08% or higher, the driver will be charged with DWI.
If the driver who caused my accident was arrested for drunk driving, can I seek compensation from that person or his or her insurance company?
Yes. If a drunk driver has hurt you, the DWI accident attorney at the Wyly Law Firm can help you pursue the compensation you need, regardless of criminal proceedings faced by the drunk driver. The driver will be prosecuted criminally for his actions with penalties including large fines, fees and potentially jail time.
To cover any property damage or personal injury caused by the drunk driver, a civil lawsuit can be filed. Compensation for which the victims of drunk drivers may be entitled include damages for past and future medical bills, pain and suffering, mental anguish, physical impairment, lost wages, lost earning capacity and disfigurement.
What if a family member died as a result of a drunk driver?
Tragically, all too often alcohol-related accidents result in death. When a loved one is killed due to another's negligence or misconduct, a "wrongful death" suit occurs. Although family members may hesitate to file a wrongful death claim, it is important to remember that monetary damages can provide the necessities and comforts of life to help grieving families face an uncertain future. The Wyly Law Firm, P.C. has handled numerous alcohol-related accident claims and can advise you of your rights under the Wrongful Death Act.
Can the bar that sold alcohol to the drunk driver be held liable for the crash?
In some cases, Texas law recognizes that other parties, such as bars and bartenders, may share the responsibility for causing a drunk driving accident. In these cases, the drunk driving accident lawyer at the Wyly Law Firm can pursue a civil claim for compensation under the Texas Dram Shop Act.
The term dram shop was historically used to describe a place where alcohol was served and sold, such as a bar. Under Texas' dram shop laws, bars, restaurants and other businesses can be held liable for serving an alcoholic beverage to an individual who seemed intoxicated to the extent that he presented a clear danger to himself and others at the time he was served alcohol.
If you or someone you love has been injured or killed by a drunk driver, you want a drunk driving accident attorney that will be an advocate for you. Brad T. Wyly is that type of lawyer, personally meeting with clients to discuss the details of their case and helping them to understand their rights under the law. To schedule a free consultation with a DUI lawyer experienced in drunk driving accidents, contact us online or call our law office at 713-574-7034. A response within 24 hours is guaranteed. We serve clients in Harris County, Beaumont, Baytown, Galveston, Pasadena and Houston.
