According to the Texas Department of Transportation, almost 40% of all traffic fatalities are caused by intoxicated drivers. In addition, a significant percentage of serious injuries are caused by these irresponsible motorists each year. If a car accident killed someone you loved or injured you, there is a good chance that a drunk driver is to blame. How do you hold them accountable? This is an important question for countless victims in Texas, and the answer can be complex. The pursuit of justice and closure may be easier with help from an experienced Texas accident attorney.
Criminal Consequences vs. Civil Consequences for Drunk Drivers
In the legal world, there are two potential sets of consequences for drunk drivers in Texas. First, they may face criminal charges and various penalties in criminal court. These penalties may include incarceration, fines, community service, alcohol abuse treatment, and more.
Secondly, a drunk driver may face consequences in civil court for causing injuries or deaths. Unlike in criminal courts, they cannot be found “guilty” in a civil lawsuit. Instead, they may only be found “liable.” In addition, civil courts do not have the authority to incarcerate defendants. Instead, they impose financial penalties. These financial penalties pass to the victim(s), allowing them to cover their losses.
Often, criminal courts fail to impose any penalties whatsoever. When a drunk driver faces charges, prosecutors must prove their guilt “beyond reasonable doubt.” This is a very high “burden of proof,” and sometimes there isn’t enough evidence to establish that they did anything wrong. Technicalities, procedural errors, and various other factors can result in drunk drivers avoiding legal consequences.
On the other hand, civil courts are associated with a lower burden of proof. When you sue a drunk driver, you only need to establish a “preponderance of evidence.” While the exact definition varies, this generally means “more likely than not.” Therefore, the likelihood of guilt should be at least 51%.
In other words, it is often easier to pursue consequences in civil court than in criminal court. You still need to prove their negligence with strong evidence during a lawsuit, however.
How Do I Hold a Drunk Driver Accountable in Texas?
Criminal charges are pursued by the State, but you can take this matter into your own hands by filing a personal injury lawsuit against the drunk driver. You can do this by contacting a personal injury lawyer in Texas. During an initial consultation with your lawyer, you will discuss the specifics of your situation. You might also want to bring medical records of your injuries to your first consultation.
After this initial meeting with your lawyer, you can start to gather evidence of the drunk driver’s negligence. This evidence might include video footage, police reports, eyewitness accounts, and much more. Your lawyer can help you gather much of this evidence.
You also need to prove that your damages are legitimate. In the legal world, “damages” represent your losses – and they can be psychological or financial. For example, you might have suffered a head injury after being T-boned by a drunk driver. As a result of this injury, you might have incurred $100,000 in medical expenses and a further $45,000 in missed wages.
Psychological or “non-economic” damages are more difficult to prove. They also lack dollar values. For example, you might have developed post-traumatic stress disorder or depression after your head injury. Although you can’t show receipts for how much these disorders “cost,” they still take a toll on your life. An experienced auto accident lawyer can help you prove that these non-economic damages are legitimate.
Once you have sufficient evidence, you may be able to negotiate a settlement with the defendant and their insurer. This is how most car accident lawsuits are resolved, and your lawyer can negotiate on your behalf for a fair sum. During this negotiation process, you can back up your arguments with evidence – including medical records, video footage, and so on.
If negotiations fall through, you may need to pursue a personal injury trial against the drunk driver. During this trial, your lawyer can present evidence on your behalf, make oral arguments, and push for a positive compensatory award or “verdict.”
A Car Accident Attorney in Texas Can Help You Hold Drunk Drivers Accountable
If you are serious about holding drunk drivers accountable for everything you experienced, consider a consultation with Hernandez Law Firm. We know how dangerous drunk drivers can be, and we have helped numerous victims pursue justice, closure, and compensation over the years. While criminal charges may help prevent further tragedies, a personal injury lawsuit in Texas helps cover your losses. To learn more, call and book a consultation today at (936) 256-3115.
