Impaired driver usually means a driver who was intoxicated from drinking alcohol and was involved in a driving while intoxicated (DWI) accident. If the alcohol concentration in a driver’s blood, breath, or urine is .08% or higher, then the driver is considered to be legally intoxicated.
If you are the victim of an accident with a legally intoxicated driver, you are not only entitled to your medical bills, lost wages, and monies for pain and suffering, but also additional monies for the gross negligence of the intoxicated driver for getting behind the wheel while impaired.
While getting compensation for being injured at the hands of a drunk driver might seem simple, having an experienced attorney on your side greatly increases your chances of seeing a fair settlement.
Proving Intoxication Can Be Difficult
The simplest way to prove that a driver was impaired is if the other driver takes a breathalyzer or blood test administered by law enforcement. If the driver is legally intoxicated, the test will show a blood alcohol content of .08% or more. If the other driver refuses to take a test, then cooperating with prosecutors to get a criminal conviction against the intoxicated driver would be another method of proving impairment.
Filing a lawsuit and requesting the intoxicated party’s hospital records after the accident would provide information on the other driver’s blood alcohol content after an accident. This information is important because sometimes police do not arrest intoxicated drivers for DWI even when the offending party is guilty.
An intoxicated driver can be impaired from substances other than alcohol, such as cocaine, marijuana, and other illegal drugs. These substances would show up in an intoxicated driver’s medical records.
Insurers Are Motivated to Hide Drunk Driving
Even if the other driver in your accident was charged with driving under the influence (DUI) or DWI, insurance adjusters may try to remove that as a factor when offering you a settlement. Working with qualified and knowledgeable Houston auto accident attorneys is your best strategy for countering these tactics and ensuring that you receive fair compensation.
If your case goes to trial, the attorneys on the other side will also take steps to conceal or minimize the role that alcohol or drugs played in the accident. Having a skilled traffic accident lawyer on your side will even the playing field and provide assertive and effective representation to help you manage your case practically. You will enjoy greater peace of mind throughout your legal proceedings and have help dealing with legal issues as they arise.
A Houston Accident Attorney Will Support Your Claim for Punitive Damages
Your attorney will work with you to provide documentation to justify punitive damages for the gross negligence shown by the other driver. This is usually a complicated task because of the higher standards of proof needed for a punitive damages award. In the state of Texas, punitive damages are usually capped at two times the amount of actual damages or $200,000, whichever is greater, in addition to the amount of non-economic damages. The total cap for these damages is $750,000.
A Car Wreck Attorney Can Even the Playing Field in DWI Cases
Unfortunately, there are many drivers who are impaired by prescription drugs causing car accidents on the road. Proving these cases can be hard but the difference between proving the case up or not is sometimes in the tens of thousands of dollars on a typical car accident case. Working with an experienced car accident lawyer can be especially critical in cases where the use of alcohol or drugs is identified as a factor in the accident. A Houston accident injury attorney will provide support to navigate the legal system successfully to help you receive fair compensation for your injuries and losses.