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How San Antonio Auto Accident Lawyers Handle Drunk Driving Cases
Drunk driving is a major cause of devastating accidents, injuries, and fatalities across the United States, including San Antonio, Texas. Victims of drunk driving accidents often face significant physical, emotional, and financial challenges, making it essential to seek legal assistance. San Antonio auto accident lawyers play a pivotal role in helping victims navigate the complexities of drunk driving cases and secure justice. This comprehensive blog explores how these attorneys handle drunk driving cases, from the initial investigation to the final settlement or trial.
The Severity of Drunk Driving in San Antonio
Understanding the Impact of Drunk Driving
Drunk driving remains a leading cause of traffic accidents in San Antonio, with alcohol impairing a driver’s ability to operate a vehicle safely. Key statistics include:
Increased Risk: Drivers with a Blood Alcohol Content (BAC) of 0.08% or higher are significantly more likely to cause accidents.
Fatalities: The Texas Department of Transportation (TxDOT) reports thousands of annual fatalities statewide due to drunk driving.
Economic Costs: Medical bills, property damage, and legal expenses heavily burden victims and their families.
Common Injuries in Drunk Driving Accidents
Drunk driving accidents often result in severe injuries, including:
Traumatic brain injuries (TBI)
Spinal cord injuries
Broken bones
Internal organ damage
Emotional and psychological trauma
Steps San Antonio Auto Accident Lawyers Take in Drunk Driving Cases
1. Initial Consultation and Case Evaluation
The process begins with a detailed consultation, where the attorney:
Review the details of the accident.
Assesses the strength of the case.
Explains the victim’s rights and potential legal options.
Key Questions Addressed:
Was the at-fault driver’s BAC above the legal limit?
Were there any eyewitnesses or police reports documenting intoxication?
What damages (medical expenses, lost wages, etc.) has the victim incurred?
2. Gathering Evidence
Building a strong case requires comprehensive evidence collection. San Antonio lawyers use various methods, including:
Police Reports
Police reports often contain crucial details, such as:
The driver’s BAC level.
Field sobriety test results.
Arrest records and citations.
Eyewitness Testimony
Eyewitnesses provide firsthand accounts of the driver’s behavior, such as erratic driving or visible intoxication.
Surveillance Footage
Traffic cameras, dashcams, or nearby business surveillance can capture the events leading up to the accident.
Medical Records
Medical documentation proves the extent of injuries and connects them to the accident.
3. Establishing Liability
To secure compensation, the attorney must prove that the drunk driver’s negligence caused the accident. This involves demonstrating:
The driver’s duty of care.
Breach of duty through impaired driving.
Direct causation of the victim’s injuries and damages.
4. Filing Insurance Claims
San Antonio auto accident lawyers handle communication with insurance companies to:
File claims promptly.
Negotiate fair settlements.
Counteract lowball offers or bad-faith tactics.
5. Pursuing Compensation for Damages
Victims of drunk driving accidents may be entitled to compensation for:
Economic Damages: Medical expenses, lost income, property repairs.
Non-Economic Damages: Pain and suffering, emotional distress, loss of companionship.
Punitive Damages: In cases of gross negligence, such as drunk driving, punitive damages may be awarded to deter future misconduct.
The Role of Texas Dram Shop Laws in Drunk Driving Cases
What Are Dram Shop Laws?
Texas’s dram shop laws hold bars, restaurants, and other establishments accountable for overserving alcohol to visibly intoxicated patrons who later cause accidents. Attorneys may pursue claims against these establishments in addition to the drunk driver.
How Dram Shop Laws Help Victims
Increased Compensation: Holding alcohol providers liable can expand the pool of available compensation.
Shared Responsibility: Establishments share liability for enabling drunk drivers.
Example:
A San Antonio bar served an already intoxicated patron, who later caused a fatal crash. The victim’s attorney successfully pursued compensation from the driver and the bar.
Challenges in Drunk Driving Cases
Uninsured or Underinsured Drivers
Drunk drivers often lack adequate insurance coverage. Attorneys help victims explore options such as:
Uninsured/underinsured motorist (UM/UIM) coverage.
Filing lawsuits directly against the driver or other liable parties.
Proving Intoxication
While BAC tests and police reports are strong evidence, some cases lack these elements. Attorneys may:
Use circumstantial evidence, such as erratic driving patterns.
Call expert witnesses to interpret behavior or chemical tests.
Emotional Toll on Victims
Drunk driving accidents leave lasting emotional scars. Attorneys provide compassionate support, ensuring victims feel heard and empowered throughout the legal process.
Why Hire a San Antonio Auto Accident Lawyer?
Expertise in Drunk Driving Laws
Local attorneys understand Texas-specific drunk driving statutes and how to leverage them effectively in court.
Access to Resources
Experienced lawyers have access to accident reconstruction experts, medical professionals, and other resources to strengthen cases.
Negotiation Skills
Insurance companies often undervalue claims. Skilled attorneys negotiate aggressively for fair settlements or prepare for litigation when necessary.
What Victims Should Do After a Drunk Driving Accident
1. Seek Medical Attention
Immediate medical care ensures proper treatment and records injuries linked to the accident.
2. Report the Accident
Call law enforcement to document the crash and initiate an investigation into the driver’s intoxication.
3. Collect Evidence
Take photographs of the accident scene, vehicle damage, and visible injuries. Obtain contact information from witnesses.
4. Avoid Speaking to Insurers
Do not provide detailed statements to insurance companies before consulting an attorney.
5. Contact an Auto Accident Lawyer
The sooner you hire a lawyer, the better your chances of building a strong case and securing fair compensation.
Real-Life Case Studies
Case Study 1: Multi-Vehicle Collision
A drunk driver caused a multi-vehicle accident on Interstate 10 in San Antonio, resulting in severe injuries to several victims. The attorney:
Worked with accident reconstruction experts to establish fault.
Negotiated a settlement covering medical bills, lost wages, and pain and suffering.
Case Study 2: Fatal Crash Involving a Repeat Offender
A family lost a loved one in a crash caused by a repeat DUI offender. The attorney:
Pursued a wrongful death claim against the driver.
Filed a dram shop lawsuit against the establishment that overserved the driver.
Final Thoughts
Drunk driving accidents are tragic and preventable, often leaving victims with life-changing injuries and financial burdens. San Antonio auto accident lawyers play a critical role in holding drunk drivers accountable and securing justice for victims. By navigating complex legal processes, gathering evidence, and pursuing maximum compensation, these attorneys provide the support and expertise victims need to rebuild their lives.
If you or a loved one has been affected by a drunk driving accident in San Antonio, don’t hesitate to seek legal assistance. An experienced auto accident lawyer can help you take the necessary steps toward justice and recovery.
To learn more details contact with us
Name of Law Firm: Hilley & Solis Law, P.L.L.C.
Address: 6243 I-10 Ste 503, San Antonio, TX 78201, United States
Phone: 210-446-5000
Website URL: https://www.hilley-solis.com
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Medical Malpractice Attorney Wesley Chapel
Doctors and medical professionals must adhere to certain legal standards of medical practice and health care, known as the “standard of care”. Medical Malpractice occurs when a medical professional or a medical facility fails to exercise adequate care in the performance of a duty, resulting in injury to a patient.
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San Antonio Auto Accident Attorney
Seek justice with a reputable San Antonio auto accident attorney, providing dedicated legal representation and advocating for fair compensation for your injuries. The Law Office of Jesse Hernandez is the most experienced attorney for consultation.
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San Antonio Auto accident attorneys , Thousands of people in South Texas are involved in a Traffic collision every year.
San Antonio Auto accident attorneys, Thousands of people in South Texas are involved in a Traffic collision every year. Whether you're a victim of a "minor" accident or something more serious such as a fatality; you should hire a Car accident attorney to protect your legal rights. An auto accident can lead to expensive car repairs, medical bills, life changing injuries, missed days at work or the inability to ever work again.
Name: The Echavarria Law Firm Address: 118 E Ashby Pl, San Antonio, TX 78212, United States Phone: +1 210-320-5633 Website: https://stxlegalgroup.com/
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Standard post published to The Echavarria Law Firm - Personal injury attorney at July 11, 2023 16:01
Auto Accident Attorney San Antonio - Compassionate Legal Support for Auto Accident Victims
If you've been injured in an auto accident in San Antonio, The Echavarria Law Firm, PLLC is here to provide compassionate legal support. Our experienced auto accident attorneys understand auto accident victims' physical, emotional, and financial hardships. We will listen to your concerns, answer your questions, and guide you through the legal process with care and empathy. Our attorneys will investigate the accident, gather evidence, and negotiate with insurance companies on your behalf. We will fight for fair compensation for your injuries, pain and suffering, medical expenses, and other damages. Trust The Echavarria Law Firm, PLLC as your auto accident attorney in San Antonio, and let us handle the legal complexities while you focus on your recovery.
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Auto Accident Attorney San Antonio Hollingsworth Law Firm
Hollingsworth Law Firm skilled car accident attorneys in San Antonio have over three decades of combined experience working on both sides of the courtroom, gaining unparalleled experience of the inner workings of some of the world’s largest insurance companies, and transforming that knowledge into wins for our clients.
Car accidents can occur in multiple ways in San Antonio, including fender benders, rear-end collisions, T-bone accidents, or head-on collisions that impact our residents’ lives in different ways. Auto Accident Attorney San Antonio
While some can walk away with broken bones or other injuries that will heal with time, others face catastrophic injuries that change their lives. In other cases, family members are left reeling from the losses of their loved ones.
Contact Us : (713) 637-4560 Visit Our Location : 1415 N Loop W Suite 20, Houston, TX 77008
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What to Do After a Car Accident in Texas?
A car accident can be a traumatic event, making it hard to have the clarity and presence of mind to know what to do immediately afterward.
If the car crash caused significant injuries, you may miss weeks of work and be left with costly hospital bills. You may have a right to seek compensation for your medical bills and related expenses from the other driver who was at fault.
The actions you take after a car accident can make all the difference in whether you have a successful personal injury law claim. Here are some basic steps to take after a car accident. While you can never fully prepare for the shock of another motorist slamming into your car, you can prepare in advance for what you’ll need in the aftermath of the collision. Keep copies of the documents you’ll need to produce such as the car registration and proof of insurance in the glove box. The police officer who investigates the accident will ask you for them, so you should keep them handy.
It’s also good to have a pencil and a small pad of paper to write down license plate numbers if you don’t have your phone or it’s not charged. You will still need to record the other’s driver’s registration and insurance information.
Call an Ambulance
Check on your well-being and the well being of others.
Check Yourself for Injuries—First things first. Check yourself over after a collision to determine the extent of your injuries and whether you need emergency medical treatment. If you do, request an ambulance or ask someone else to call for an ambulance.
Check on Your Passengers—You are required to provide reasonable assistance to others injured in the accident including arranging for transportation of those injured to the hospital. Check on the well-being of the others in your car and determine if anyone needs to go to the emergency room. Request an ambulance for each injured person.
Get to Safe Location— If the accident involves injuries or death, you should remain at the scene of the accident. You should get to a safe location away from active lanes of traffic when it is safe to do so. If you are involved in a crash that involves only damage to the vehicle, you should move your vehicle off the road to a safe location.
Report the Car Accident to The Texas Police
You should always notify a law enforcement agency after a car accident if:
It involves an injury or death.
If you suspect that a driver was intoxicated.
The wrecked vehicles cannot be removed from the road.
If anything mentioned above occurs, under Texas law, a motor vehicle operator involved in a car accident must:
Determine whether the other driver involved in the accident requires aid and call an ambulance.
Contact the police, even after a minor accident so there is an official accident report. Having an accident report that details the particulars of the accident and identifies those involved is crucial if you need to file an insurance claim later.
Wait for the police to arrive at the scene. Don’t leave the scene of the accident before they arrive. You could be charged with failure to stop, a serious criminal charge, and face serious penalties if you drive off from a car crash involving an injury.
In summary, after reporting the car accident to the police, you are required to:
Ask if anyone is injured and if the driver and any other vehicle occupants have medical needs.
Call an emergency medical service (EMS) for any other drivers and/or passengers to be transported to a safe place
Report the accident to the local police department or sheriff’s office
Assist with any other needs for help until the police and the EMS arrive.
A police report is essential to a car accident claim. In order to have a solid case, make sure that you are filing the report properly by providing complete and accurate information.
Note Things Around the Scene
Gather evidence at the scene of the accident while waiting for the police to arrive. Use your phone camera to snap photos of the position of the vehicles before they are moved, the damage to the cars and your injuries. Try to take photos from a variety of angles. If there were any traffic hazards or road obstructions, such as vegetation blocking a traffic sign, that may have contributed to the crash, take photos of those. Once the accident scene is cleared, the evidence may be lost.
Take note of any security cameras or traffic cameras that may have recorded the accident. Video evidence can be useful to support your claim, but it must be preserved.
Get the names and contact information of any witnesses who saw the accident. Ask the witness if you can record a short video of the witness describing what he or she saw.
If you are unable to take photos or gather information from witnesses, ask someone else to help.
Don’t Apologize, Even If You Believe You Caused the Crash
No, many factors may have contributed to the accident. It’s too soon to know immediately after an accident. Exchange driver’s license information, vehicle registration and identification numbers, and insurance information with all drivers involved in the accident. But avoid discussing the details of the accident with other drivers.
Understandably, you may be upset or highly excited after a crash. It’s important to keep control of your emotions. An angry outburst can make a bad situation worse. Don’t accuse the other driver of causing the accident or accept blame yourself, even if you believe you were at fault.
Do not apologize to others at the scene or try to minimize your injuries. You may be unaware of the seriousness of your injuries immediately after a crash. A surge of adrenaline may mask your injuries at the time. You may become much more aware of your injuries and soreness a few days after a collision. These types of comments, while well-intended, may be used against you later by insurance companies to deny or reduce your claim.
The police will investigate and determine what happened.
Call the Insurance Company?
Call your insurance company and inform the insurer that you have been involved in an auto accident. Provide the insurance company with the other driver’s name and insurance information.
Answer the insurance company’s questions honestly, but don’t engage in speculation. Don’t try to mislead the insurer about what happened because it could weaken your claim. You may need to file a claim against your own insurance if the other motorist is driving uninsured or your injuries exceed the limits of the other driver’s insurance coverage. You also will need your insurance company to defend you if the other driver files a claim against your insurance.
While you want to be forthright with your own insurer, you should not discuss the accident with the other driver’s insurance company. If you have injuries caused by the other driver, you may need to seek compensation from the at-fault driver’s insurance. You should seek the help of an experienced car accident lawyer and let the lawyer handle all communications with the insurance company. You will be at a disadvantage if you try to deal with other driver’s insurance companies on your own.
Contact a Car Accident Attorney in Texas
The steps you take immediately after a car accident really do matter. If you have been injured in a crash caused by another motorist and you follow the steps outlined above, you will be better positioned to file a claim. You should not have to pay your medical bills and car repairs out of pocket. You may be entitled to collect compensation from the other driver’s insurance to cover your medical expenses, lost income, car repairs and related costs. Let our attorneys review the details of your collision and discuss your rights to pursue a car accident injury claim. The case review is free and will provide you with an understanding of your legal options.
Herrman & Herrman is an established south Texas law firm with Spanish- and English-speaking staff to assist you. The law firm has offices in Corpus Christi, McAllen, Brownsville, San Antonio, Houston and Ft. Worth. Our attorneys have helped thousands of injured people seek full and fair compensation after serious accidents caused by the negligence of others.
Call (844) 426-6000 or contact our attorneys online for a free review of your car accident case.
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Top Personal Injury Attorney San Antonio
Personal injury law, or tort law, as some like to refer to it as, is by far one of the most common types of legal practice throughout the US. Personal injury claims cover a vast array of circumstances by which an injured party or plaintiff will file a claim against a negligent party who has in some way caused them harm – intentional or unintentional. When a personal injury claim or lawsuit is filed, the plaintiff will seek compensatory damages in the form of monetary compensation from the negligent party. But under what circumstances can an individual file a personal injury claim in cities like San Antonio, Florida? While there are many situations in which personal injury law comes into play, acquiring the services of a top personal injury attorney San Antonio and the surrounding locals has in practice can help you to better understand what situations are prudent to claim damages. Anissa K. Morris, Esq. the top personal injury attorney San Antonio has in practice is one of the foremost experts on the subject and has helped countless clients to better understand the rules surrounding such legal claims, as well as recovering millions of dollars in damages!
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WHY TRUCKING COMPANIES HIRE UNSAFE DRIVERS
In case after case, we see truck drivers with bad driving records cause yet another crash. Given that trucking companies are required by law to check their drivers’ records, I wondered why they would keep hiring unsafe drivers. I did a little digging, and learned the answer was painfully obvious: to make more money.
Trucking companies make money by hauling loads. An empty truck makes no money. In fact, an empty truck costs the company money because the company still has to pay insurance, make the truck payment, etc.
A typical over-the-road or regional truck generates $800 to $1,000 per day in gross revenue when it is hauling loads. That same truck has around $100 per day in fixed overhead, such as the truck payment, insurance, taxes, and maintenance escrow. The company will also have to pay around $260 per day for fuel, and $200 per day for the driver, leaving the total costs around $560 per day. Therefore, a trucking company makes a profit of $240 to $440 for every day a truck is on the road.
Look at a large trucking company like JB Hunt, which at one time had 10,500 tractors but only 10,000 CDL drivers. Those 500 empty tractors were causing the company to lose $120,000 to $220,000 a day in potential profits. Worse, the company will still spend about $50,000 a day in fixed overhead on these empty trucks. Over the course of a year those 500 empty trucks equal $43,800,000 to $80,300,000 per year in lost potential profits. Those lost potential profits create a powerful economic incentive to get someone behind the wheel, even if the driver is less than perfect.
Drivers with bad driving records get in more crashes. A 2011 study by the American Transportation Research Institute found that drivers who had a past crash were 88% more likely to get in another wreck. A driver with a conviction for failing to use a turn signal was 96% more likely to get in a crash. A driver with a ticket for speeding 15 miles per hour or more over the limit was 67% more likely to be in a crash. So these bad driving records do matter in the real world.
So how do we protect our families from unsafe truck drivers when the trucking companies have such a powerful incentive to keep those drivers on the road? It is only by thoroughly investigating the trucking companies’ conduct in each and every truck crash and holding the companies fully responsible for the harm they cause. We need to make the companies pay more in settlements when their bad drivers hurt our clients than the company made for keeping the driver on the road.
For More Info : Visit Here : Truck accident attorneys
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Services: Auto accident attorney, Car injury lawyer, Personal Injury Lawyers, Dedicated Car Accident Lawyers, Truck Accident Lawyers, Motorcycle Accident Lawyers, Commercial Vehicle Accident Lawyers, Train Accident Attorneys, Dog Bite Lawyer, Slip and Fall Lawyer, Workplace Injury Lawyers, Wrongful Death Lawyer, Burn Injury Attorneys
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Motorcycle Accident Lawyers and the Various Hats They Wear
Motorcycle Accident Lawyers and the Various Hats They Wear
It is all too often to hear of a fatality caused by a motorbike accident. It’s a scenario that every accident lawyer has seen before. These tragedies are frequently caused by reckless drivers, who claim a range of justifications ranging from the sun being in their eyes to a cyclist being in their blind zone. It’s a never-ending narrative, and it’s frequently rather terrible. As any motorcycle…
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It is riskier driving a car in winter. You should prepare your vehicle and take precautions to drive a vehicle in this chilly and snowy weather. You can contact an Auto Accident Attorney San Antonio, TX from Khattar Law, LLC if anything goes wrong.
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Standard post published to The Echavarria Law Firm - Personal injury attorney at July 08 2023 16:00
Auto Accident Lawyer San Antonio - Seeking Justice for Auto Accident Victims
If you've been injured in an auto accident in San Antonio, The Echavarria Law Firm, PLLC is here to provide experienced legal representation. Our dedicated auto accident lawyers deeply understand Texas personal injury laws and will fight for your rights. We will meticulously investigate your accident, gather evidence, and build a strong case to pursue fair compensation on your behalf. Whether negotiating with insurance companies or representing you in court, our attorneys will be by your side every step of the way. With The Echavarria Law Firm, PLLC as your auto accident lawyer in San Antonio, you can have confidence in our ability to seek justice and recover the compensation you deserve for your injuries and damages.
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