Why hire a drunk driving accident lawyer?

Insurance companies approach drunk driving accidents differently than those that do not involve driver impairment. The potential for a significant jury verdict goes up when the liable driver gets arrested for drunken driving. An experienced attorney can use this as leverage to maximize compensation.

Pearland Drunk Driving Accident Lawyer

Q: What is the difference between a personal injury claim and a criminal DUI charge?

If police determine a driver is drunk, they will likely place the driver under arrest, and the driver may face criminal charges of driving under the influence (DUI). Too many accident victims believe a criminal case is the only option for obtaining justice – and it’s not. In a criminal case, the prosecutor seeks to impose penalties on the drunk driver such as a driver’s license suspension, fines, or jail time. Even if a driver is convicted, a criminal court won’t award compensation for injury-related losses. Instead, you will need to file a separate civil claim seeking compensation. A DUI conviction in a criminal case helps prove the driver violated the law, effectively establishing their negligence and liability in the accident.

Were you or a loved one injured in a drunk driving accident? A J.D. Silva Pearland drunk driving accident lawyer works to help clients who have been victims of any type of drug or alcohol related accident.

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Sadly, Pearland is home to many serious injuries and wrongful deaths caused by careless drivers. Some drivers drink too much before driving or text while driving. These irresponsible and negligent actions can lead to injury or death for innocent victims.

To fight for what you deserve, you need experienced Pearland car accident lawyers on your side. At J.D. Silva & Associates, we are ready to guide you through the personal injury claim process.

Why Hire Our Pearland Drunk Driving Accident Lawyers?

After a car accident, handling the details can be difficult while you are trying to recover. Drunk driving cases can also involve criminal charges, which makes things more complex. You need help to pursue compensation and move forward.

By hiring our Pearland drunk driving accident lawyers, we handle the investigation, claim process, and legal work so you can focus on healing. Attorney Jonathan Silva, a U.S. Navy veteran, has experience standing up to large insurance companies and works to hold drunk drivers responsible and recover compensation for your losses.

We handle the investigation, claim process, and legal work so you can focus on healing.

What Is the Difference Between a Personal Injury Claim and a Criminal DUI Charge?
If your accident involves a drunk driver, there are two separate legal processes: a criminal DUI case and a civil personal injury claim. If police believe a driver is intoxicated, they may arrest them and charge them with driving while intoxicated (DWI) or driving under the influence (DUI).

A criminal case is brought by the state of Texas to punish the driver. Penalties may include fines, license suspension, or jail time. This process is not meant to pay you for your losses. Even if the driver is convicted, you still need to file a separate civil claim to recover compensation.

A personal injury claim is what allows you to seek money for your damages. This can include medical bills, lost wages, future care, and pain and suffering such as emotional distress and reduced quality of life.

Does a Criminal Trial Against the Other Driver Help My Civil Claim?

Fortunately, a criminal DUI case can help your personal injury claim. If the driver is convicted, it may support your case by showing they broke the law and were negligent in the crash. Your Pearland drunk driving accident attorney at J.D. Silva & Associates can also use evidence from the criminal case to strengthen your civil claim for compensation.

Why Drunk Driving Accidents Often Lead to Serious Injuries

Drunk drivers often ignore speed limits, traffic laws, and stop signs. They may drive the wrong way, causing serious head-on crashes. The Texas Open Data Portal[1] reports that most DUI-related crashes happen overnight between Saturday and Sunday, accounting for up to 37% of traffic deaths in Texas.

Driving at night is already more dangerous because visibility is lower. Alcohol makes those risks even worse. According to the National Highway Traffic Safety Administration (NHTSA)[2], alcohol can affect drivers in several ways:

Vision: It can cause blurry or double vision, making it harder to see other vehicles and hazards.
Judgment: Drivers may make risky choices, such as speeding or driving the wrong way.
Reflexes: Alcohol slows reaction time, making it harder to stop or avoid a crash.
Color Recognition: Drivers may have trouble seeing and responding to traffic lights, signs, and other warnings.

These crashes can cause life-changing injuries. Victims may face ongoing medical problems, lost income, and major changes to their daily lives. You should not have to deal with the consequences of someone else’s decision to drive drunk.

How Texas Handles Drunk Driving Accident Claims Involving Serious Bodily Injury

Because drunk drivers often make dangerous decisions and cause serious crashes, the risk of severe injury is higher in a drunk driving accident. Texas law defines a serious bodily injury as an injury that creates a high risk of death, causes death, results in permanent disfigurement, or causes long-term loss of use of a body part or organ.

Under the Texas Penal Code[3], if the other driver leaves you with serious bodily injury, you can seek compensation for costs such as:

LifeFlight or other emergency transport services
Organ transplant surgeries
Nursing home or rehabilitation center fees
Loss of earning capacity and future income
Full-time care costs
Diminished quality of life
Scarring and disfigurement
Loss of limb or amputation
Permanent disability

With powerful evidence collected and presented by a skilled drunk driving accident lawyer, you can seek maximum compensation to aid you in managing the substantial changes to your future life.

When Drunk Driving Leads to Wrongful Death in Texas

If a loved one dies from injuries caused by a drunk driving accident, surviving family members may be able to take legal action. Under Texas law[4], a spouse, child, or parent may file a wrongful death[5] lawsuit or survival action to recover losses related to the crash.

If your loved one lived for a time after the accident, a survival action may help recover medical bills and other costs. If your loved one died from the accident, a wrongful death claim may help recover funeral costs, lost income, and compensation for your family’s loss.

These cases can be challenging, but our team can help your loved ones seek justice against those at fault. Your family does not have to face a future without a loved one while also suffering financial devastation.

Get the Help You Need from the Pearland Drunk Driving Accident Lawyers at J.D. Silva Today

Our Pearland drunk driving lawyers want to keep Texas safe. We are dedicated to helping victims get the help they deserve.

If you or a loved one has been involved in an accident caused by a drunk or distracted driver, contact us today to schedule a free consultation with a J.D. Silva & Associates lawyer. We are ready to guide you through the personal injury claim process.

[1] https://data.texas.gov/stories/s/Texas-Department-of-Transportation-Traffic-Safety-/ht7q-btr7/

[2] https://www.nhtsa.gov/sites/nhtsa.gov/files/alcoholanddrugs.pdf

[3] https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.1&artSec=

[4] https://tcss.legis.texas.gov/resources/cp/pdf/cp.71.pdf

[5] https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.71&artSec=