San Antonio Drunk Driving Accident Lawyer

The National Highway Traffic Safety Administration (NHTSA) measures a driver’s blood alcohol level to determine if he or she is driving under the influence. If the driver’s blood alcohol level is 0.08 grams per deciliter or higher, he or she is driving under the influence.

In one recent year, people driving with a blood alcohol level of 0.08 g/dL or higher accounted for 29 percent of vehicle accident fatalities, according to the NHTSA. In another recent year, 26 percent of those involved in accidents in Texas were killed by a drunk driver.

No. In almost every state, including Texas, the threshold is 0.08. If you’re traveling to Utah, however, it’s 0.05. What’s more, the 0.08 threshold provides the presumption of a DUI. In many states, if you exhibit signs of intoxication, you can still face driving under the influence charges with a BAC lower than 0.08—and face a civil claim for any damage you caused.

If a person causes “serious bodily injury” to another person while under the influence of drugs or alcohol, the police can charge the intoxicated person with intoxication assault. The intoxicated person must be operating a motor vehicle, aircraft, amusement ride, or watercraft. Also, if a person causes serious bodily injury to another person while under the influence and while assembling an amusement ride, the police can charge the intoxicated person with intoxication assault.

Texas statutes define serious bodily injury as an injury that could cause the loss of a body part or function, the impairment of a body part or function, disfigurement, or a risk of death.

When a person causes the death of another while driving under the influence causes the death of another person, the police can charge the intoxicated person with intoxication manslaughter. Driving under the influence could include motor vehicles, watercraft, and aircraft, or operating and/or assembling an amusement park ride.

While Texas does not allow exemplary damages for most crimes, it does allow for the possibility that the court could order the defendant to pay exemplary damages in some circumstances involving intoxication assault and intoxication manslaughter. It is challenging to successfully receive exemplary damages in an accident involving someone driving under the influence. Your attorney will have to look at the circumstances of the accident to decide whether you can sue for exemplary damages.

The amount and type of damages you could recover depend on your injuries. The two types of damages are economic and non-economic damages, typically referred to as special and general damages, respectively. Economic damages are those that have a set monetary value. Non-economic damages are those that do not have a set monetary value.

Economic damages could include:

• Past and future medical expenses;
• Past and future lost wages;
• Capacity to earn;
• Property damages, including personal property and real estate;
• Physical, cognitive, and/or psychological therapy expenses; and
• Funeral and burial expenses.

Past medical expenses and lost wages are those that you lost before settlement or a jury verdict. Future medical expenses and lost wages are those that you expect to lose from the time of the settlement or jury verdict through the time you are cleared to go back to work. In some cases, injuries cause long-term or permanent disabilities. In those cases, you might collect damages to cover the amount of money you would lose for the rest of your working life.

Additionally, if your capacity to earn is lowered and you could work, but not in the same field or position due to long-term or permanent disabilities caused by the accident injuries, the court or insurance company may award you partial future wages to make up the difference in your earning capacity.

Non-economic damages, like economic damages, aim to make you whole, but the items covered do not have a specific price tag. You cannot put a price on the amount a person suffers from physical pain or the pain of losing a loved one.

Non-economic damages include:

• Pain and suffering;
• Emotional distress;
• Loss of use of a body part;
• Loss of use of a bodily function;
• Extra money for disfigurement;
• Extra money for amputation;
• Loss of consortium;
• Loss of companionship; and
• Inconvenience.

Generally, the court only awards non-economic damages if your injuries cause long-term or permanent disabilities, or if doctors expect those injuries to result in your death. If you lose a loved one because of a drunk-driving accident, the court can order the defendant (or the defendant’s insurance company) to pay for loss of companionship, loss of consortium, inconvenience, and emotional distress.

Never settle with the insurance company until you consult our San Antonio drunk driving accident lawyers. Insurance companies are in business to make a profit. Every dime they pay out affects their bottom line. Because of this potential conflict of interest, the insurance company you deal with may try to deny your claim or offer you the least amount possible on the claim.

When you retain a drunk driving attorney, the likelihood that the insurance company will offer you a low ball settlement decreases. Insurance companies often know that they do not have the same chance to convince you to accept a lower settlement offer if you have experienced counsel on your side.

If you suffer from injuries due to an accident caused by someone driving under the influence, or you lost a loved one because of a drunk-driving accident, contact a San Antonio drunk driving accident attorney for a free consultation.