Injured By a Drunk Driver in San Antonio?
According to MADD, drunk driving is the leading cause of death on our roadways. In 2013, over 28,700,000 people admitted to driving after they’d had too much to drink. That is more than the population of Texas. For too long, lawyers have had to watch family members grieve the wrongful death or permanent lifelong injury of family members. The odd thing is, quite frequently the drunk driver will walk away from auto, motorcycle, or truck accidents while their victim is injured or even killed. If you are hurt, you need help. Ornelas Law Injury firm is here for you.
Types Of Impairments
- Vision – Even with one or two drinks your ability to track moving targets declines
- Hearing – Hearing impairment is dangerous since they can’t hear sirens or other vehicles around them
- Reaction Times – With just 3 drinks, your reaction times are already getting affected. This includes swerving or stopping a car.
- Aggression – Alcohol directly contributes to a person’s aggression and negligence, not only mood but also driving style.
- Judgment – At only 3 drinks you are already potentially making bad choices.
- Alertness – The ability to pay attention to what lane you are in, if a child is on the road, or even if a motorcycle is passing you.
Why You Need a Drunk Driver Accident Attorney in San Antonio, Texas
You shouldn’t be afraid of the drunk driver’s insurance company. You can’t let the drunk driver’s lawyers badger you into giving up not only your rights but the money that you deserve. However, you can bet the insurance company and defense lawyers will try to bully you and push you to accept far less than your case is worth – or even nothing at all.
To avoid getting pushed around by insurance companies, you need the right legal representation. At Cesar Ornelas Injury Law, our car accident lawyers have the legal resources and experience necessary to fight your case. You need a strong lawyer on your side willing to fight. No matter where you are, that lawyer is Cesar Ornelas II.
Just What Are The Blood Alcohol Standards?
Across America, the legal limit for blood alcohol concentration (better known as BAC) is .08 or higher. So, if your blood alcohol level is at or above the .08 level, you are breaking the law. However, we all know that alcohol affects people differently.
BAC of .01 to .03 – Impairment is subtle, but you do still get affected. That little bit of impairment may have been the thing that the person that hit you needed to keep from hurting your family.
With a BAC of .03 to .06 – The person that was drinking starts to “feel” the alcohol. Again, while a person may have a BAC of .06 and is under the legal definition of impaired, that doesn’t mean that it wasn’t the reason they injured you.
With a BAC of .06-.10 – The person is drunk. There are obvious physical effects and impairments. Whether it is the drunk driver’s perception, distance viewing, reasoning skills, or even their ability to handle normal road glare, they shouldn’t be driving. No way, no how.
Because of the increasing effects of higher BACs, the law has set the following legal limits in Texas:
- 0.08 percent BAC for most drivers
- 0.04 percent BAC for commercial drivers
- Zero tolerance for underage drivers, which means it is unlawful for drivers under 21 to have any detectable amount of alcohol in their systems
Keep in mind, however, that a driver can be impaired while under the 0.08 legal limit, so this is not always the proper threshold in an injury case.
Criminal DWI Charges vs. Civil Injury Claims
If police officers arrive at the scene of your car accident, they should assess the state of the drivers and the cause of the crash. If they suspect the other driver is impaired, they will likely arrest them, and the driver can face criminal charges of driving while intoxicated (DWI).
Too many injured accident victims believe a criminal case will bring them justice, but this is usually not the case. Instead, you need to take separate civil action to seek compensation for all your losses.
Criminal DWI Charges
These charges are brought by the state or federal government and are aimed at punishing the individual for violating DUI laws. If convicted, the penalties can include:
- Fines
- License suspension
- Mandatory alcohol education programs
- Probation
- Imprisonment
The burden of proof in criminal cases is “beyond a reasonable doubt,” meaning the prosecutor must prove guilt to a high standard.
Civil Drunk Driving Accident Claims
If a drunk driving accident causes you injuries or property damage, you can pursue insurance claims or a civil lawsuit against the intoxicated driver. These claims are filed to seek compensation for your losses, such as:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
- Other compensable damages
The burden of proof in civil cases is typically lower, known as the “preponderance of the evidence,” requiring you to show that it is more likely than not that the defendant’s actions caused the harm.
These two processes are separate and can occur simultaneously. The outcome of a criminal DWI case, such as a conviction, may impact the civil drunk driving accident claim. However, even if the accused is not convicted in criminal court, they may still be held liable in civil court if the evidence supports your claims.
Speak with a San Antonio Drunk Driving Accident Lawyer Today
At Cesar Ornelas Injury Law, we take drunk driving accidents very seriously. We know these are preventable incidents, and we seek justice for our injured clients in any way we can. Our attorneys are ready to assess your rights and represent you in an accident claim. Contact us for a free case evaluation right away.
Answers to your most commonly asked questions
