What Are My Legal Options If the Other Driver Was Drunk During the Car Accident?

If you have been involved in an accident caused by an intoxicated driver, you have several legal options for seeking justice. Here’s some advice from a car wreck injury attorney in San Antonio.

What Are My Legal Options If the Other Driver Was Drunk During the Car Accident? Answers from a Car Wreck Injury Attorney in San Antonio

Assess the Driver’s Insurance Policy for Coverage

Texas requires drivers to carry liability insurance, so their insurance policy should cover at least some of the damages. You may be able to recover some or all of the expenses for medical bills, property damage, and lost wages through this route. However, if the driver’s insurance limits are insufficient, you may need to explore other ways to get compensated for your costs.

Seek Compensation Through Your Own Insurance Policy

Your own insurance policy might be a good option. Certain types of coverage, such as uninsured motorist (UM) or underinsured motorist (UIM) coverage, can help cover your costs. UM/UIM coverage steps in when the other driver either doesn’t have insurance or doesn’t have enough insurance to cover the extent of your damages. Filing a UM/UIM claim requires submitting evidence of the other driver’s lack of insurance or insufficient coverage.

Pursue a Personal Injury Claim Against the Drunk Driver

Your most direct option is to file a personal injury claim against the drunk driver. The driver who was under the influence is generally found to be legally negligent, which is the basis of a personal injury claim.

You can seek compensation for economic damages, which would be all financially quantifiable losses (medical expenses, lost wages, etc.). You can also ask to be compensated for non-economic damages (physical pain, emotional distress, and mental anguish). The judge may also allow for punitive damages, which are awarded as a punishment on the person who was driving while drunk. Click here to find out details about the compensation you can seek.

Explore a Dram Shop Claim if Alcohol Service Was Involved

You might have the option to file a claim against the establishment or person who served alcohol to the drunk driver. This is known as a “dram shop” claim, and it usually applies if the alcohol was served to a visibly intoxicated person or to someone who was underage.

A dram shop claim must have evidence that the actions of the establishment or the server had a role in the driver being drunk. Evidence could include witness testimony from the establishment, surveillance footage, or receipts showing excessive alcohol purchases.

Consider a Civil Lawsuit for Additional Damages

If your injuries are severe and lead to long-term medical costs, rehabilitation, or other expenses that exceed available insurance limits, you may want to file a civil lawsuit against the other driver. A civil lawsuit is broader than a personal injury lawsuit; a personal injury lawsuit is one type of civil lawsuit, specifically for cases where someone has suffered physical harm or emotional distress due to another party’s negligence. A civil lawsuit for damages allows for broader legal claims and can potentially secure a higher level of compensation.

If you’ve been injured by a drunk driver, it is a wise idea to consult with an attorney to discuss the options you have, and to help you pursue the compensation you need for your recovery.

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