What to Do if You’re Injured by a Drunk Driver in Texas

A DUI crash in Texas can cause all kinds of financial issues, health challenges, and difficult emotions. After a crash of this nature, you might be unsure of how to proceed. Psychological trauma can be paralyzing, and it might seem difficult to pursue legal action if you are simultaneously struggling with debilitating injuries. Your next steps may be easier than you realize, especially if you work with an experienced auto accident attorney in Texas. Consider discussing your next steps in more detail with David Sanchez Law Group, PLLC by calling (972) 529-3476.

Seek Medical Attention Immediately

The first step is to immediately seek medical attention. Although it might be tempting to prioritize legal action against the drunk driver, you should always focus on your health after an accident. Your injuries may be worse than you realize, and it might be difficult to detect serious health concerns without proper testing. For example, a relatively light knock on the head can lead to an intracranial hemorrhage (brain bleed), and this issue could be fatal if not treated quickly.

Even minor fractures can be difficult to detect without X-rays. There are many other examples of health issues that should be diagnosed and confirmed by a qualified doctor. Once your condition stabilizes, you can consider your legal options alongside police investigators and injury lawyers.

Note that if you do not seek immediate treatment, you may lack crucial evidence in a later lawsuit. Your medical records prove that your injuries are legitimate. If you neglect to seek treatment, you will lack this crucial evidence. The drunk driver and their lawyer might argue that your injuries are not legitimate, and you will have no evidence to refute these claims.

Carefully Document Your Damages

Aside from collecting medical records and receipts, you can collect evidence of other damages. For example, you might want to collect past pay stubs, income statements, and tax returns to prove your lost wages. Missed income is a major economic damage after a car accident, and you can recover all the money you would have earned if you had not been injured. You can bring these income statements to your first consultation with an auto accident lawyer.

Non-economic damages are also important in auto accident lawsuits. These damages represent your emotional or psychological losses, and they can lead to significant compensation. Examples include emotional distress, post-traumatic stress disorder, anxiety, loss of enjoyment of life, disfigurement, depression, and pain and suffering.

Evidence of non-economic damages depends on your unique situation, and it may be worth discussing these factors alongside an attorney. An official PTSD diagnosis from a therapist could be helpful. In addition, you can describe your feelings and mental health challenges in a journal. As long as you make these journal entries during your recovery, you can use them as evidence.

Collect Evidence of Negligence

Once your condition stabilizes, you may be able to collect evidence of the drunk driver’s negligence. To pursue compensation after a car crash in Texas, you need to prove negligence. Negligence is a legal concept with four elements:

• Duty of Care
• Breach of Duty
• Causation
• Injuries

In order to prove that a drunk driver is liable for your injuries, you may need to establish that they breached their duty of care and that this breach caused your injuries. Driving while drunk is an inherent breach of duty, but it does not necessarily mean that the driver caused your injuries.

For example, a driver might have been driving drunk without breaking any traffic laws. If you ran into the middle of the road without warning and were struck by this driver, their intoxication may not have caused your injuries.

On the other hand, the driver might have been breaking the speed limit, and you might have been crossing in a crosswalk. In this case, their intoxication and their traffic violations constitute a clear breach of duty and causation. Your lawyer can help you gather the necessary evidence to prove negligence.

Get Help From Auto Accident Lawyers After a Texas DUI Crash

If you were injured by a drunk driver in Texas, you have every right to consider your legal options. Fortunately, an experienced auto accident lawyer can help you hold these negligent drivers accountable. It should be relatively easy to prove negligence in these cases, and you can recover compensation for various damages. These damages include medical expenses, missed wages, emotional distress, and more. To learn more about your next steps, book a consultation at David Sanchez Law Group, PLLC by calling (972) 529-3476.