Lawyer for Drunk Driving Crashes in El Paso
No one expects to be hit by a drunk driver in El Paso. We would all like to think that others are conscientious about not getting behind the wheel after having one drink too many, but sadly, some are not. Alcohol is not the only substance that contributes to traffic accidents. People who use drugs – including marijuana – also make up a significant percentage of intoxication accidents in El Paso. The problem with intoxicated drivers is that they are wildly unpredictable, making it nearly impossible for sober drivers to prevent a collision.
If you have been injured by an intoxicated driver in El Paso, the Cal Mundell drunk driver attorneys may be able to help you recover compensation. You are not the one who chose to drink or use and then drive, so you should not be the one struggling with the consequences. The aftermath of an El Paso drunk driving crash can be costly on many levels. Our attorneys will strive to ensure that you are compensated for every bit of harm done to you. Contact our experienced El Paso personal injury lawyers today.
How an El Paso Lawyer Can Help After a DWI Crash
The drunk driver who hit you might be facing criminal consequences, but there is a limit to how much that helps you. To recover compensation for your medical bills, lost wages, and more, you will likely need to file a civil lawsuit. Our drunk driver lawyer can take over the legal matters and see how you can recover compensation for your drunk driving wreck injuries so that you can focus on your personal recovery.
Our Drunk Driving Attorney in El Paso can negotiate with the drunk driver’s insurance company in the hopes of reaching a speedy settlement after the accident. In many cases, this can be achieved, but we are more than ready to take your case to trial.
We have a legal doctrine called “negligence per se” that can help simplify drunk driving accident litigation in Texas. When a person breaks a law that is in place for safety reasons and injures another person in the manner that the law aimed to prevent, they can be automatically deemed negligent.
In Texas and in New Mexico, driving while drunk or under the influence of drugs is illegal. These laws are a critical component of El Paso community safety efforts. This is a safety statute designed to prevent intoxicated drivers from causing tragic collisions, and when they do, victims need an experienced El Paso car accident lawyer to hold them accountable. When a person disobeys the law, drives drunk, and causes a crash, they are deemed “negligent per se.” This can speed up the process of recovering compensation after a DWI crash.
How Much Is My El Paso Drunk Driving Accident Case Worth?
Drunk driving accident cases can potentially carry higher values than standard car accident claims because the at-fault driver’s conduct is considered especially reckless. While punitive damages are never guaranteed, they are more likely in a drunk driving case than in other circumstances.
That said, every case is still different at the end of the day. Some of the factors our attorney will evaluate when assessing your claim include:
- The severity of your injuries and your expected recovery timeline
- How the accident has impacted your ability to work and earn a living
- The total cost of your medical treatment, both to date and going forward
- Whether the driver has prior DWI offenses on their record
- The insurance coverage available from the at-fault driver
- The strength of the evidence connecting the driver’s intoxication to the crash
Drunk driving cases also tend to carry more leverage during settlement negotiations. Insurance companies know that juries are unsympathetic to intoxicated drivers, and the threat of a large verdict at trial can push them toward a more reasonable offer. We know how to use that dynamic to your advantage.
What if I’m Being Blamed for My Drunk Driving Accident in El Paso?
Texas follows a modified comparative negligence standard to address the issue of contributory fault. You can still recover damages as long as you are not found to be 51 percent or more at fault. If your share of the blame stays at 50 percent or below, your award will be reduced by that percentage but not eliminated entirely.
For example, let’s say you’re awarded $500,000, but you’re also assessed 20% of the blame. In that case, your compensation would be reduced by 20% to $400,000. However, if you are assessed 51% or more of the blame instead, you would be barred from recovering compensation from the at-fault party.
In drunk driving cases, these arguments tend to be an uphill battle for the defense. Choosing to drive while impaired is such a clear act of negligence that juries rarely place significant blame on the sober driver. Still, having a qualified drunk driving accident attorney in your corner ensures those arguments are shut down properly and don’t end up costing you money.
Compensation Available in El Paso After a DWI Crash
When you begin to add up the costs and losses you have experienced, it becomes clear that drunk crash accidents can be very costly. Cal may be able to help you recover compensation for expenses including:
- Lost wages, including future lost wages if you will be out of work for a long time or permanently.
- Medical costs, including the cost of ongoing or future treatment related to the accident.
- Pain and suffering, both physical and emotional.
- Loss of enjoyment of life for those with lasting or catastrophic injuries.
Death from a Drunk Driving Crash in El Paso
Sadly, drunk driving crashes are all too often fatal. If you have lost a close family member due to the careless actions of an intoxicated driver, you may be entitled to compensation. Our El Paso wrongful death attorney can help you recover your family member’s lost income, as well as compensation for the noneconomic and irreparable harm done to your family. This type of lawsuit can help keep your family financially stable in the wake of a significant loss.
We’ll Fight for Compensation for All of Your Drunk Driving Accident Injuries
Crashes involving impaired drivers tend to happen at high speeds and often without any attempt by the drunk driver to brake or swerve. As a result, the injuries in these cases are frequently catastrophic.
We’re prepared to help you file a claim after sustaining any of the following:
- Traumatic brain injuries (TBIs)
- Concussions
- Spinal cord damage
- Broken bones
- Internal bleeding
- Organ damage
- Burn injuries
- Amputations
- Neck injuries
- Back injuries
- Herniated discs
- Chest injuries
- Knee injuries
- Nerve damage
- Paralysis
- Whiplash
- Wrongful death of a loved one
We’re confident we can help you make the most of your claim if you hire us, regardless of the exact kinds of injuries you have sustained. Call today for more information about your legal rights and options moving forward.
Criminal vs. Civil Claims After a Drunk Driving Accident
One thing that often confuses victims of drunk driving accidents is the relationship between the criminal case and the civil claim. These are two entirely separate legal proceedings, and one does not replace the other.
The criminal case is brought by the State of Texas against the impaired driver. If convicted of DWI, the driver may face jail time, fines, license suspension, and a criminal record. However, a criminal conviction does not automatically result in compensation for the victim. The criminal justice system is designed to punish the offender, not to make the injured party whole again.
That’s where the civil claim comes in, where you can take legal action and recover compensation for both your financial and personal losses, as discussed above. The burden of proof is also lower in a civil claim. While the criminal prosecution must prove guilt beyond a reasonable doubt, your civil claim only requires a preponderance of the evidence, which could make it easier to win your case.
It is also worth noting that you do not have to wait for the criminal case to conclude before filing your civil claim. Both can proceed at the same time, and it is sometimes better to move forward with your lawsuit sooner rather than later to preserve evidence and meet filing deadlines.
How Much Does It Cost To Hire a Drunk Driving Accident Lawyer in El Paso, TX?
Our law firm handles drunk driving accident cases on a contingency fee basis. You won’t pay anything upfront to hire us, and we don’t charge hourly rates or flat fees. Instead, you only owe attorney’s fees if we successfully recover compensation for you.
In most cases, we will receive around 33% of the jury verdict or settlement that we win for you at the conclusion of your case. The percentage can vary depending on the facts of your case, but we’ll sign an agreement before we get started so that you won’t be caught off guard.
This structure means you can access experienced legal representation without worrying about your finances during an already difficult time. It also means that we’ll be directly motivated to fight for the highest possible recovery we can on your behalf.
How Much Time Do I Have To File a Drunk Driving Accident Claim in El Paso?
Texas generally gives you two years from the date of the accident to file a personal injury lawsuit. This statute of limitations applies regardless of whether the criminal case against the drunk driver is still pending. If you miss the deadline, you will almost certainly lose the right to pursue compensation in court.
However, exceptions do exist. For example, if the injured victim is a minor, additional time may be available. In other situations, the timeline might actually be shorter. Make sure you know in advance how much time you have by reaching out to our drunk driving accident lawyer as early as possible. We’d be happy to help you determine the exact deadline during your free consultation.
Contact an El Paso Drunk Driving Accidents Attorney
If you have been injured or lost a family member in a drunk driving accident in El Paso, the Cal Mundell Law Firm, PLLC can help you through the process of recovering compensation. Please contact us at 915-250-0700 for a free consultation. We operate on a contingency fee basis, so you owe us nothing unless we recover money for you.