Driving under the influence (DUI) accidents remain a serious problem in the city of Houston, leaving victims with devastating injuries that may change their lives permanently. Although strict laws and public awareness campaigns exist, drunk drivers continue to be a deadly issue on Houston roads, highways, and neighbourhoods.
Being involved in a truck accident can cause more severe injuries than a typical collision, in part due to factors such as speed, reaction time, and impaired judgment.
If you have been injured by a drunk driver, it is important to consult a DUI accident lawyer Houston to discuss your legal options. Victims of DUI accidents in the state of Texas enjoy specific protections under the law that allow them to potentially recover both compensatory and punitive damages.
Devoting yourself to your recovery from those injuries — which may entail a long course of medical treatment and rehab — is important, and an experienced attorney can guide you through the complex legal process during your recovery.
Common Injuries Sustained in DUI Accidents
Traumatic Brain Injuries (TBI)
Traumatic brain injuries can cause mild concussions to severe brain damage. This happens when the brain collides against the inside wall of the skull due to a sudden blow, causing bruising, bleeding, or ripping of the brain tissue.
Symptoms can include constant headaches, memory loss, trouble concentrating, mood changes, trouble speaking, and an array of sensory problems that can greatly impair functioning.
Even “mild” TBIs can have lasting impacts on cognitive function, requiring lengthy treatment and rehabilitation. Many victims cannot return to their old jobs, perhaps needing to relearn the most basic tasks, adding both financial and emotional burdens to what is already a challenging period of recovery.
Spinal Cord Injuries
High-speed impacts are common in DUI accidents, and rollover car accidents can also occur, both of which can result in causing serious spinal cord damage. Such injuries can cause full or partial paralysis, loss of sensation, chronic pain, impaired lung function and loss of bladder or bowel control. Their severity depends on where the injury occurred on the spinal column and if the cord was partially or fully severed.
Broken Bones and Fractures
Due to the high-intensity impact of DUI freeway accidents, bone fractures are prevalent, especially in the ribs, arms, legs, pelvis, facial bone, skull, and vertebrae. Most surgical procedures for healing such complicated fractures involve the use of metal plates, screws, or rods to hold the bones in alignment during the healing process. Recovery from serious breaks takes months, and some victims may never move quite the same again.
Internal Injuries
Internal injuries can be quite serious and often go undetected immediately after an accident. This can include broken spleens, liver damage, kidney trauma, punctured lungs and internal bleeding that needs medical attention immediately. Such injuries can quickly become life-threatening if left untreated, as vital organs begin to shut down.
Your Legal Rights After a DUI Accident in Houston
Right to Compensation
The law in Texas gives DUI accident victims the right to be compensated for various damages caused as a result of the accident. Examples of damages that may apply include medical expenses past and future, lost earnings and reduced earning potential, property damage, pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life caused by the injuries sustained in the crash.
Punitive Damages
Unlike many other types of accidents, DUI crashes may be eligible for punitive damages, known as exemplary damages in Texas legalese. Punitive Damages These damages specifically punish the intoxicated driver for their negligent behaviour and prevent future behaviour. They come on top of compensatory damages in cases of gross negligence on the part of a defendant.
Third-Party Liability
Sometimes, multiple parties share liability in a DUI accident in addition to the intoxicated driver. Bars or restaurants that served too many drinks to a visibly intoxicated person may be partly liable under dram shop liability laws. Social hosts who serve alcohol to obviously intoxicated guests and car owners who permit an intoxicated person to drive may also be liable.
This additional compensation may be particularly useful when the drunk driver lacks sufficient insurance or assets to meet a full recovery for damages. Determining all potentially liable parties involves in-depth investigation and understanding of Texas liability laws, hence the need to partner with an experienced attorney.
Statute of Limitations
In Texas, the statute of limitations on personal injury claims based on automobile accidents is two years. This means a victim must file a lawsuit within two years of the date of the accident, or they could lose their right to compensation for good, even if their injuries are extreme or liability is indisputable.
Enlisting the help of an attorney as quickly as possible after the accident is crucial due to the complicated nature of building a strong DUI accident case. Quickly investigating allegations can preserve evidence, lead to the identification of witnesses and give time for properly documenting injuries before time causes crucial details to disappear.
Insurance Considerations
If the facts establishing liability seem favourable for your claim, note Texas operates under a fault insurance system, which means the at-fault driver’s insurance is mainly responsible for paying damages from the accident. Yet DUI accidents may involve damages that exceed insurance policy limits, so victims seeking full compensation for catastrophic injuries need to be mindful of complications.
Steps to Take After a DUI Accident
If you are injured by a drunk driver, make sure to take steps to protect your legal rights, like receiving transportation to a medical facility, no matter how minor your injuries seem, since any serious underlying damage could take weeks to reveal itself.
Call the police to report the accident and make sure they write a report that details the driver’s intoxication. You should document everything that you can about the accident and your injuries.
Don’t make recorded statements. Insurance companies often ask you for a recorded statement, and in some cases, your recorded statement can be used against you to reject or minimise your claim.
Document all medical treatments and expenses, as well as how your injuries impact your life. To prevent the loss of valuable evidence, contact an experienced DUI accident attorney as soon as possible.
Conclusion
DUI accidents in Houston can result in serious, life-changing injuries, and being aware of your legal rights is an important step so that you receive adequate compensation for both immediate and future damages. Texas law affords DUI accident victims broad rights with punitive damages against the intoxicated driver.
Many times, it is overwhelming for victims and their families when they have to deal with the legal process while recovering from serious injuries. A skilled DUI accident attorney will be able to help you focus on your recovery while also ensuring your legal rights are protected, that all at-fault parties are held to account for their actions, and you get the right compensation.
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