Auto Accident Lawyers Deer Park, TX
Auto Accident Lawyers – Deer Park, TX
In every state, it is a crime to drive while under the influence of drugs or alcohol. A driver who is convicted of this could face many consequences ranging from fines to jail time to their license getting suspended. The standard penalties associated with a DUI are normally more severe for any offenses which result in harm to others. It does not generally matter if the injured person was riding in the drunk driver’s car, a passenger in a different car, or a pedestrian. In addition to the criminal penalties a drunk driver may face, they could also endure civil consequences, such as being sued, when an injury results from a drunk driving accident. As a result, anyone who has been harmed as a result of a DUI or DWI crash should consider speaking with an experienced Deer Park, TX auto accident lawyer about their legal options.
The most common personal injury claims filed as a result of harmful accidents result from driver “negligence”. In order to win a lawsuit based on negligence, the injured person’s Deer Park, TX auto accident lawyers generally need to prove four different things during the course of the case in question:
- The drunk driver had a “duty of care” to their passenger
- The drunk driver breached that “duty of care”
- The passenger was harmed or injured
- The drunk driver’s breach of duty was the cause of harm or injury
Breach of “Duty of Care”
“Duty of care” is the legal responsibility someone has to not cause harm to someone else. This does not mean that in every instance that someone is harmed, it is considered a breach of the duty of care. The general rule is that a breach occurs in instances only when the defendant does not use a level of caution that another reasonable person would in the same situation. An intoxicated driver may not always mean there was a breach of the duty of care. For example, a judge may be lenient on a driver who took a prescription drug and was not aware of the influence they would be under when they got behind the wheel. However, in most cases, the drunk driver’s impaired driving will support an individual’s negligence-related case.
In order to be successful in a negligence claim, the plaintiff’s Deer Park, TX auto accident lawyers will need to show there was also legal causation. This means there needs to be a direct relationship between the drunk driving and the injuries sustained. In a lot of cases, it is simple to show the direct relationship between the two. For instance, if a drunk driver cannot stay in their lane and then hits a wall causing the passenger to become severely injured, there is not much to question about the fault. In other accidents, it is not as clear.
This area of law is undeniably complex. The long and short of it is that if you have been harmed as a result of a collision caused by a drunk driver, it is generally a good idea to seek legal guidance from experienced Deer Park, Texas auto accident lawyers. The legal team at John K. Zaid & Associates has extensive experience working with DUI and DWI collision victims and we would be happy to speak with you about your situation. Once we understand the details surrounding your collision, we can advise you of your legal options accordingly.