Will a Drunk Driver’s Conviction Help Your Car Wreck Case?

When you are involved in a car accident caused by a drunk driver, the legal process will appear more complex than in other cases, and you will have multiple questions. One of the common questions clients involved in a drunk driving accident often have is whether the drunk driver’s conviction will help their case. This is significant because drunk driving accident cases often have both a criminal and a civil element.

So, how does criminal liability affect your compensation claim, and are there other parties who might be liable? We answer this and more in this blog. For more clarity on your rights and what to expect from a drunk driving car wreck case, contact our attorneys at Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000. We offer a free and confidential consultation.

Why Choose Our Legal Team?

Dealing with medical costs, property damage costs, emotional trauma, and the intricacies of seeking compensation after a car accident can be overwhelming. You might feel like a fish out of water if the case has a criminal element. But this doesn’t have to be the case if you retain the services of our experienced Terry Bryant Accident & Injury Law team.

With over 35 years of serving clients all over Texas, we have successfully represented car accident victims, from crashes caused by drunk drivers to distracted driving and more. We always place the interest of our clients above all else and will protect your rights from being infringed upon by unscrupulous insurance companies.

We will guide you on what to expect at every turn and provide legal advice and representation to effectively fight your case. Contact us now if you need a reliable legal team that is unafraid to protect your interests.

Our services are on a contingency fee basis, so you don’t have to worry about upfront fees. We only get paid when we secure a favorable outcome for you.

Criminal vs. Civil Court: What You Need to Know

When a traffic collision involves a drunk driver, the case will be tried in criminal and civil courts, but each proceeding serves a different purpose. Here’s what you need to know about them:

Criminal Court

The state prosecutes the drunk driver in criminal court for violating the law. If found guilty, the defendant is punished for endangering public safety and faces penalties like fines, license suspension, community service, or imprisonment. However, for the defendant to be convicted, the state must prove their guilt beyond a reasonable doubt.

If the state fails, the defendant can be acquitted and not penalized. A presumed drunk driver’s conviction or acquittal can be used as evidence in a civil court. The criminal court will not address the victim’s financial losses or damages.

Civil Court

In civil court, the focus is not on the criminality of the defendant’s actions but on compensating the victim for the harm they suffered. The injured party, the plaintiff, files the lawsuit and must prove, based on a preponderance of the evidence, that the defendant’s action caused the harm they suffered.

The plaintiff’s request for compensation must also be backed by evidence. Since the burden of proof in criminal and civil courts is different, a drunk driver can be acquitted in criminal court and still be required to compensate the victim if found liable in civil court. Knowing how criminal and civil courts work will help you navigate your case better and ensure you pursue all avenues for seeing justice and compensation.

Will a Drunk Driver’s Conviction Help Your Car Wreck Case?

Yes. A drunk driver’s conviction can significantly strengthen your case, as it confirms that the driver drove under the influence and serves as evidence in your personal injury claim or lawsuit. The following are ways a drunk driver’s conviction can help your car accident lawsuit or claim:

Establishing Liability

A conviction in criminal court shows that the driver was negligent, helping you establish their liability in civil court. This enables you to streamline the process of proving fault, shifting the focus to the extent of your damages.

Strengthening Your Claim

A conviction can also strengthen your claim for damages as insurance companies are more likely to offer a favorable settlement once they see the defendant has been convicted in a criminal court. This is because the conviction increases the chances you will win the civil lawsuit against their insured.

Impact on Settlement Negotiations

If the conviction happened during settlement negotiations, it is excellent news for you as the at-fault driver is now in a weaker position. Armed with the criminal court judgment, your lawyer can ask for a larger settlement and a faster resolution, as the at-fault driver’s insurer will be eager to avoid a trial.

Punitive Damages

Sometimes, a DWI conviction can create grounds for asking for punitive damages. Punitive damages are awarded when the defendant maliciously, egregiously, or intentionally committed the act that resulted in a car accident.

A drunk driver’s conviction is not the only factor that can significantly influence your case. You must also work with an experienced lawyer who can use the conviction and other evidence to maximize compensation.

Proof of Negligence in a Drunk Driving Accident

Proving negligence in a drunk driving case will help you get compensation. Negligence is defined as failing to exercise the level of care that a reasonable person would in similar circumstances. To establish negligence in a drunk driving case, you need to prove the following:

Duty of Care

Every driver must operate their vehicle safely. This duty involves obeying traffic rules, staying alert, and refraining from drinking and driving. If a driver does all of this when driving, they would have upheld the duty of care.

Breach of Duty

Next is showing that the drunk driver breached their duty of care. Drunk driving impairs judgment, limits reaction time, and affects motor skills. This is why Texas mandates drivers to keep their BAC under 0.08%. Failure to do so amounts to driving under the influence and breaching the duty of care.

Causation

You also need to establish that the driver’s intoxication is what caused the accident. That is, the accident would not have occurred if the driver was not impaired. Therefore, drunk driving must be the proximate cause of the collision.

Damages

Finally, you must prove that the accident led to damages. The damages can be physical injuries, financial expenses and losses, and emotional damage. To recover damages, you must provide evidence, like repair bills, medical records, receipts for medical costs, and expert testimony.

Compensation Available to a Drunk Driving Accident Victim in Texas

Drunk driving accident victims are entitled to different types of compensation that can help them cover the physical, emotional, and financial impacts of the crash. You can receive economic and non-economic damages, including the following:

• Medical expenses
• Lost wages
• Property damage
• Out-of-pocket costs
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium.

Our lawyers will help you calculate the worth of your claim and ensure all your losses are accounted for. 

Can Other Parties Get Sued for a Drunk Driving Case in Texas?

Yes. Aside from the drunk driver who primarily caused the accident, other parties can be held liable for the crash. They include the following:

• Bars, Restaurants, and Other Alcohol Providers: Under Texas’s Dram Shop Law, businesses that serve alcohol can be held liable if they knowingly served alcohol to an intoxicated person and the person caused an accident.
• Employers: Under the doctrine of vicarious liability, employers can be legally liable if their employees cause an accident while intoxicated while performing their work. Employers who knowingly hire a driver with a DWI or alcohol abuse history could also be held liable.
• Other Car Owners: In multiple vehicle cases, another driver might be liable if their actions contributed to the accident. Also, if a vehicle owner entrusted their car to someone they know has a DWI history or a history of substance abuse, they might be partly responsible if an accident happens.

The Role of a Lawyer in a Drunk Driving Accident Lawsuit

Having an attorney when seeking compensation after a drunk driving accident is very important, especially if you want to maximize compensation. Our attorneys will provide a case evaluation, reviewing evidence like police reports, witness statements, medical records, and any available footage of the accident. With the information provided by the records, we will provide legal advice and a strategy that meets your needs.

We will also help you gather evidence, establish liability, and handle negotiations with the drunk driver’s insurance company. We will handle all the legal paperwork, adhere to deadlines, and advocate for you during the trial. Our attorneys will approach your case compassionately and work to alleviate your burden.

Let Us Help You Seek Fair Compensation for Your Car Wreck Injuries

Were you or a loved one injured in a drunk driving accident? Our Terry Bryant Accident & Injury Law team can help you secure the compensation you need to move forward. Our experience and skills can make a significant difference. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential initial consultation.