Driving under the influence (DUI), or driving while intoxicated (DWI) in Texas, is a serious lapse in judgment that can lead to accidents, injuries, and deaths. A DUI accident can cause catastrophic burn injuries, broken bones, traumatic head injuries, spinal cord damage, and wrongful death. If you or a loved one suffered injuries in a recent DUI accident, contact our San Antonio DUI accident attorneys. Our lawyers can fight for fair financial recovery on your behalf. We can help you hold a reckless driver accountable. Call (210) 922-2200 for a free consultation.
Why Choose the Law Offices of Maloney & Campolo?
- We want to make our services available to everyone. We represent clients on a contingency fee arrangement. You will not pay unless we win your DUI accident case.
- We believe in open communication. Your San Antonio trial attorney – not an assistant or associate – will be available 24/7 to answer your questions or concerns.
- We have a long history in San Antonio. Our family legacy in the community reaches back 75 years. We have 20 years of experience representing personal injury clients.
When to Call a Civil DUI Accident Attorney in San Antonio
Ask for help right away after suffering personal injuries in a DUI/DWI accident in Texas. First, call the police. Always call the police if you suspect intoxication, regardless of the severity of the collision. Then, contact a San Antonio DUI accident lawyer near you. Speaking to an attorney can help you understand your rights and legal options in the aftermath of a bad car accident. Your lawyer will handle calls to insurance companies and settlement negotiations while you concentrate on medical care and healing. No one will take advantage of you when you have a lawyer representing you.
What Are DUI Accidents?
DUI/DWI is the crime of operating a vehicle with enough drugs or alcohol in one’s system to cause impairment. The legal alcohol limit is 0.08% blood alcohol content in Texas; however, police can arrest drivers with lower levels if they suspect impairment. When a driver chooses to get behind the wheel after ingesting drugs and/or alcohol, he or she has made a reckless decision that can endanger the lives of everyone else on the road. Drunk or drugged driving is erratic, unpredictable, and dangerous. It is easy for DUI drivers to cause serious car accidents.
Criminal vs. Civil DUI Cases
As the victim of a DUI/DWI accident in San Antonio, you have rights. Proof of the other driver’s intoxication may be available in the form of breath or chemical tests, blood alcohol content results, footage of field sobriety tests, eyewitness statements, and/or reports from the arresting police officers. This evidence can help you and your San Antonio car accident lawyer prove that the DUI driver was at fault for your recent car crash. Proving that the driver breached his or her duties of care and caused your wreck could lead to compensation for your damages.
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Medical bills
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Lost wages
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Pain and suffering
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Property damages
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Punitive damages
The goal of a civil DUI accident case is to reimburse victims for the losses they suffered due to another person’s negligence or recklessness. A criminal case, on the other hand, serves to punish the defendant with a sentence, such as jail time or loss of driving privileges. The city or state will proceed with criminal charges against a DUI/DWI driver. It is your responsibility as a victim, however, to file a civil claim in pursuit of your damages. Contact a San Antonio DUI accident lawyer to help you with your case. You have two years from the date of your crash to bring a civil claim in Texas.
How Fault Is Attributed In A Drunk Driving Case
It’s logical to assume that an intoxicated driver who causes an accident is always held responsible, but this is not always the case. The driver must be found negligent to have caused the accident. Fault is usually broken up into three factors:
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Duty of Care:
Each party has a responsibility to drive with care. If one party was being careful and the other party was acting carelessly, this may help to establish fault as each party owes a duty of care.
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Breach:
Each party has an obligation to follow the law and drive carefully. If a party involved in a driving accident broke a traffic law and caused an accident, this would be a breach of their responsibility while driving. Drinking and driving with a blood alcohol content above the legal limit can be considered a breach of the responsibility to drive with care.
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Causation:
To establish causation, there must be a direct link between the intoxication and the accident causing damages/injuries. For example, if a party driving under the influence swerves and hits the car in the lane next to them, causing the other car to lose control and crash, this would be caused by the intoxicated party. If a car is rear-ended, and law enforcement gives a DUI to the driver of the car that was rear-ended, the driver who was rear-ended may receive a DUI, but would likely not be responsible for the accident.
Drunk Driving Accident Frequently Asked Questions:
What should you do if you’ve been hit by a drunk driver?
First, you will want to call 911 immediately. Make sure to remain calm and ensure to take as many notes and pictures as possible. Once the police arrive, file a detailed police report. If you suspect intoxication, tell the police officers immediately. Make sure to request medical attention immediately if you’re injured. Once you are safe, make sure to contact a DUI accident lawyer immediately to help guide you through the process.
Can I get punitive damages if I suffered injuries or my loved one was killed in an accident caused by driving under the influence in San Antonio?
In Texas, if the defendant was driving under the influence and caused a car accident, you may be eligible to receive punitive damages. To receive punitive damages, the defendant’s behavior must be proven to be extremely negligent or harmful. A DUI Accident Attorney can help advocate for you and your loved ones and can help ensure you are awarded the compensation you deserve.
What damages could I recover after an accident involving someone driving under the influence in San Antonio?
Damages you could recover after an accident involving someone who was driving while intoxicated include but are not limited to, medical bills, lost wages, pain and suffering, property damages, and punitive damages.
Should I try to settle my San Antonio drunk driving accident claim with the insurance company?
Many factors can play into how much insurance companies will offer to pay. Some of these factors include the severity of injuries, medical costs, rehabilitation time, pain and suffering, and lost earnings from being out of work. If you decide to go into a negotiations process with the other party’s insurance company, we highly recommend hiring a DUI accident lawyer to advocate for you and to ensure you are compensated fairly.
Contact Our Firm Today
In San Antonio, Texas, the Law Offices of Maloney & Campolo is the law firm of choice for DUI/DWI accident victims. Our San Antonio DUI accident lawyers have the experience and legal resources to build your claim and present it before a judge or jury. We can walk you through the legal process, making sure we do everything we can to optimize your odds of financial recovery. Let us hear your story. Call (210) 922-2200 or contact us online