Drunk Driving Accidents Lawyer San Antonio

When someone makes the decision to drink and drive in San Antonio, they’re putting the wellbeing of everyone on the road at risk. Although people can make all kinds of excuses about why it’s not a big deal for them to drive buzzed or drunk, the simple reality is that drinking impairs everyone’s cognitive abilities when they’re behind the wheel. That impairment is why drunk drivers are significantly more likely to cause an auto accident than sober drivers. Not only are intoxicated drivers more likely to crash, but the drunk driving accidents they cause are often very severe.

Steps to Take After a Drunk Driving Accident

If you are involved in a drunk driving accident in San Antonio, you will want to call the police right away. Even if you’re not 100% sure that the other driver is drunk, that’s something you should let the police determine. In addition to dealing with the other driver, San Antonio Police will document the accident and take statements from any witnesses.

Seeking medical treatment is the next step you will want to take. Not only will a doctor be able to check you for injuries and start the process of helping you recover, but they will also create the type of photographic and written documentation that will be very important during the claim process.

The last key step to take is speaking with a San Antonio drunk driving accident attorney. While there’s a very good chance that you will be owed compensation for this kind of accident, that doesn’t mean it’s easy to secure it. Meeting with a personal injury attorney will give you a chance to have your case evaluated and then possibly represented by a professional.

How Drunk Driving Accident Claims Are Put Together

Winning a drunk driving claim or lawsuit requires proving that a driver was intoxicated, impaired in their ability to operate a vehicle and directly caused the auto accident that resulted in specific injuries to an individual. Since that’s a lot of information to cover, a San Antonio car accident lawyer will use a variety of documents and sources to build a case. Some of the key elements of this kind of case include the police report, witnesses and expert opinion. Medical reports and other types of documentation will also be used.

In some situations, a case may include third party liability. A common example of third party liability is if a bar or restaurant serves a minor alcohol who later gets into an auto accident. This kind of legal case is even more complex and will require additional resources to properly put together.

Work with a San Antonio Attorney Who Will Fight Hard on Your Behalf

No one deserves to be hurt by a drunk driver, but if that becomes your reality, it’s important to know that you do have rights. The best way to protect those rights is by speaking with an experienced lawyer as soon as possible. Call the Law of Offices of Ronald A. Ramos today for a free consultation about your drunk driving accident case.

Texas Drunk Driving Accident Laws

Texas takes drunk driving seriously. Under Texas Penal Code Section 49.04, it is illegal to operate a motor vehicle in a public place while intoxicated, meaning a blood alcohol concentration of 0.08 percent or higher. Drivers who cause accidents while intoxicated face criminal charges including DWI, intoxication assault under Section 49.07, and intoxication manslaughter under Section 49.08 if someone is killed.

For accident victims, the criminal case is separate from your civil claim for damages. Even if the drunk driver receives probation or reduced charges in criminal court, you can still pursue a personal injury lawsuit to recover full compensation for your injuries, medical bills, and lost wages.

Proving a Drunk Driving Accident Claim

Drunk driving accident cases often involve strong evidence of negligence. Police reports typically document the at-fault driver’s intoxication, including field sobriety test results and breathalyzer readings. Toxicology reports from blood draws provide additional proof. In Texas, evidence of intoxication can establish negligence per se, meaning the drunk driver violated the law and is presumed negligent.

Your attorney can also obtain bar and restaurant records to determine whether the drunk driver was over-served. Under Texas Dram Shop laws found in the Alcoholic Beverage Code Chapter 2, establishments that serve alcohol to an obviously intoxicated person can be held liable for injuries caused by that person. This gives victims an additional source of compensation beyond the drunk driver’s insurance.

Common Injuries in Drunk Driving Crashes

Drunk driving accidents tend to cause severe injuries because impaired drivers often fail to brake or swerve before impact. Victims frequently suffer whiplash, back injuries, and traumatic brain injuries. Head-on collisions involving drunk drivers are particularly devastating because intoxicated drivers commonly drift into oncoming traffic at full speed.

If you or a loved one suffered injuries in a drunk driving crash, seek medical attention immediately. Prompt treatment protects your health and creates documentation that strengthens your injury claim. Our firm helps drunk driving accident victims recover compensation for medical expenses, lost income, pain and suffering, and other damages.

Compensation for Drunk Driving Accident Victims

Victims of drunk driving accidents in Texas may be entitled to both economic and non-economic damages. Economic damages include medical bills, rehabilitation costs, lost wages, and reduced earning capacity. Non-economic damages cover pain and suffering, mental anguish, and loss of enjoyment of life.

Texas courts may also award exemplary or punitive damages in drunk driving cases. Under Texas Civil Practice and Remedies Code Section 41.003, punitive damages are available when the defendant’s conduct involves fraud, malice, or gross negligence. Driving while intoxicated often meets the standard for gross negligence, which can significantly increase your total recovery.

Talk to a San Antonio Drunk Driving Accident Lawyer

If you were hurt by a drunk driver in San Antonio or anywhere in South Texas, the car accident attorneys at the Law Offices of Ronald A. Ramos are ready to fight for you. We handle every aspect of your case, from investigating the crash and gathering evidence to negotiating with insurance companies and taking your case to trial if necessary. Contact us today for a free consultation to discuss your drunk driving accident claim.