The Texas Department of Transportation reports that 18,471 drunk-driving-related accidents occurred in 2021. These alcohol-related accidents caused approximately 1,525 serious injuries and 579 fatalities.
Regardless of the severity of the accidents or injuries, victims deserve to pursue justice for the harm caused to them. When you’re rear-ended by a drunk driver, a settlement will help compensate you for the physical and psychological damage inflicted on you.
Are you entitled to a fair post-accident settlement? Rear-ended by a drunk driver? The Law Office of Aaron Herbert fights for Texas personal injury victims, like those injured or killed in drunk driving accidents. These tragedies are entirely preventable, and no victim should bear the immense burden alone.
What Are the Steps in a Drunk Driving Case?
While the facts and applicable law may change from case to case, most cases follow a similar progression.
Reporting the Accident to Authorities
Texas law requires drivers to notify law enforcement if an accident resulting in injury or death occurs. If possible, you also need to render aid to those injured and stay on the scene until officers arrive and complete the on-scene investigation.
Filing an Insurance Claim
After you meet your reporting requirements, it’s time to promptly notify your insurance company that you were in an accident. Doing so initiates the claims process. Your insurance company may contact you for pictures, videos, or additional information.
It’s wise to stick to the facts necessary to explain what happened without giving your opinions about the accident. If you say too much or veer off-topic, you may unintentionally admit full or partial fault for the accident.
Note that the insurance claims process is different from a lawsuit. An insurance claim doesn’t start the lawsuit process.
Settlement Negotiations
Either before or after you file a lawsuit, you, the at-fault party, and the insurance companies may attempt to settle the claim out of court. During this phase, the parties attempt to reach an agreement about what happened in the case and how much the victim should receive. Insurance companies may present you with “quick fix” settlement offers when you’re rear-ended by a drunk driver. They may claim this is the best deal you’ll get. In most cases, this just isn’t true. Before you accept any settlement amount, it’s a good idea to talk to a legal professional.
You may read examples of drunk driving settlements online that show plaintiffs who get significant damage awards from at-fault parties. But the news tends to highlight the extreme cases. The most effective way to find out the accurate value of your claim is to talk to an attorney.
Filing a Lawsuit
If you, the at-fault party, and the insurance companies can’t settle the case, then filing a lawsuit may be the best way to pursue compensation. In Texas, you typically must file a personal injury case two years from the accident date.
An attorney can help you understand and meet your filing deadlines. They can also help you discover if an exception applies that gives you less or more time to file the case.
How Much Will My Settlement Be If I’m Rear-Ended By a Drunk Driver?
If you’re rear-ended by a drunk driver, the settlement you receive typically encompasses the following:
- Your past and future medical bills;
- Your past and future lost wages; and
- Your pain and suffering.
The amount you receive depends on the extent of your injuries and the circumstances of the accident.
Law Office of Aaron Herbert—We Can Help You Maximize the Compensation You Receive for Your Car Accident Case
If you were rear-ended by a drunk driver, a settlement is something our accident attorneys can help you pursue. Contact our team today by calling 214-200-4878 to schedule your free consultation.
Aaron has helped many car accident victims in situations like yours. He understands your pain and will work to fight for your right to compensation. He has over 20 years of rigorous trial and settlement negotiations experience.
Aaron’s team is not afraid of going after the faceless insurance companies standing in your way of securing justice.