Experienced Attorneys Helping Victims of Drunk Driving Nationwide and Across Texas including Houston, Dallas, and San Antonio
Although thankfully the number of drunk driving deaths in the United States has decreased during the past few decades, every year more than 10,000 individuals still lose their lives in drunk driving accidents. Furthermore, the National Highway Traffic Safety Administration (NHTSA) reports that a full one-third of driving accident fatalities are due to alcohol impairment.
To bring these statistics closer to home, in 2020 there were approximately 963 drunk driving deaths in Texas alone. Much is being done to discourage drunk driving both by the government such as TxDOT’s Faces of Drunk Driving campaign and other organizations like Mothers Against Drunk Driving (MADD) and Students Against Destructive Decisions (SADD). But what is being done to address the needs of the victims of drunk driving accidents?
Leger Ketchum & Cohoon, PLLC Will Always Fight for Your Rights
If you have been severely injured in a drunk driving accident in Houston, Dallas, San Antonio, or surrounding areas, Leger Ketchum & Cohoon, PLLC is the place to come. We specialize in civil litigation for personal injuries, like those resulting from drunk driving accidents.
We have an in-depth knowledge of DUI and personal injury law in Texas, combined with well-honed negotiation and litigation skills. Once we analyze the details of your case, gather all relevant evidence from the accident site, police data, medical records, and any witnesses, we will create a strategy designed to get you the compensation you deserve. We always proceed judiciously, leaving you in peace so you can focus on healing from your terrible ordeal.
Defining DWI and DUI in Texas
In Texas, if a driver with a blood alcohol content (BAC) of 0.08 or higher is operating a motor vehicle, he or she is considered to be driving while intoxicated. Commercial truck drivers have to adhere to an even higher standard ( 0.04 BAC), and those under the age of 21 are given no leeway at all, meaning if they violate the zero tolerance policy and, when tested, have any alcohol in their blood at all, they can be arrested for DUI, a charge reserved only for minors under Texas law.
Does the other driver have to be convicted of a crime for me to sue for damages?
No. While drunk driving is a crime for which the driver can be arrested, it is possible to sue the other driver for compensation for injuries regardless of whether he or she is convicted of the offense in a court of law. This is because the burden of proof is lower in a personal injury civil action than in criminal court. (Instead of being “beyond a reasonable doubt,” the standard is “preponderance of evidence.” Therefore, the personal injury attorneys at Leger Ketchum & Cohoon, PLLC are likely to be able to win you compensation for harm caused by a drunk driver whether that person was found guilty at trial or negotiated a plea bargain for a lesser offense.
Dram Shop Laws in Texas
A dram shop is a bar, tavern, or other establishments that serve alcoholic beverages. In Texas, as in the majority of other states, such an establishment may be held accountable for injuries caused by a drunk driver if it (1) served alcohol to that person when he or she was already noticeably intoxicated or (2) served alcohol to a person who was under the age of 21. In dram shop cases, it is essential to have an experienced DWI/DUI accident attorney at the helm because legal agility will be needed to directly connect the alcohol served to the injury incurred.
What damages can I recover if I am seriously injured by a drunk driver?
Once the sharp attorneys at Leger Ketchum & Cohoon, PLLC win your case against a drunk driver, you can look forward to easing the financial burdens heaped upon you and your family. There are three types of damages you may receive: economic and non-economic:
- Economic damages are direct reimbursements for actual expenses. They cover property damage, medical costs, lost wages (present and future), loss of earning capability, rehabilitation and/or long-term care.
- Non-economic damages are compensation for things that are much harder to quantify, such as physical pain, mental anguish, loss of enjoyment of life, permanent scarring, and loss of consortium.
- Punitive damages, although awarded in only a small percentage of cases, are generally claimed when the drunk driver was extraordinarily reckless or malicious. Punitive damages have two purposes: to punish the miscreant and to discourage others from engaging in such abominable behavior.
When DWI Results in Wrongful Death
In cases of ultimate tragedy in which a drunk driver is responsible for the death of someone you love, as a surviving close family member, you may sue for wrongful death. Such a lawsuit, if successful, may bring some measure of justice to help the family heal. It will also provide necessary financial assistance to cover medical costs (including end-of-life care), funeral expenses, and loss of income the loved one would have provided if she or he had lived longer.
Contact Our Drunk Driving Accident Attorneys Serving Across Texas and Nationwide
However strongly we may all wish that drunk driving was relegated to the trash bin of history, it continues to be a danger in our society now and for the foreseeable future. There is no way to prevent someone else’s reckless and dangerous behavior. It is important, however, to know where to turn when you or a loved one suffers harm as a result. If you are in Houston, Dallas, San Antonio, or the surrounding areas, contact Leger Ketchum & Cohoon, PLLC by phone at 832.764.7200, email at info@lkclawfirm.com, or by our online contact form. Our skilled, compassionate attorneys will fight with vigor and determination to win you the substantial compensation you deserve.