Car accidents come in many forms, each with its own legal implications and challenges. For those who experience a crash in North Texas, speaking with a personal injury attorney is essential for understanding the different types of car accident cases. Whether you’re the unfortunate victim of a rear-end collision, hit-and-run or drunk driving accident, it’s important to recognize the various aspects of these cases. Joe Lucé at Lucé Law, PC will help you navigate these factors and secure the compensation you deserve.
When you have been in a car accident in which there is a drunk driver involved, things may play out a bit differently. You may be wondering exactly how to manage your lawsuit and how things will be compared to a typical car accident case. Attorney Joe Lucé at Lucé Law, PC can help you get the compensation you deserve from your car accident. Those who drive drunk and cause injury need to pay for the damage they have caused. Here are a few ways a drunk driving case will differ from a regular car accident case.
Civil and Criminal Aspects of Car Accident Cases
When you are filing your lawsuit against the driver, you will file it in civil court. There is likely also to be a separate criminal case going on at the same time. Civil court and criminal court are completely different entities. Civil court aims to provide a way for injured parties to recover financially. The criminal court serves to deter criminal behavior by inflicting penalties, either financial or incarceration. When you file your civil case, your attorney may ask for lost wages, payment for medical bills, pain and suffering, and compensation for other types of damages.
Pure Negligence and No-Fault Laws in Car Accidents
In a no-fault state, you may be barred from bringing your civil suit unless your damages reach a certain threshold. People who live in no-fault states may be forced to rely solely on their insurance companies for compensation when damages aren’t catastrophic. In a pure negligence state, you are free to file your civil suit regardless of the total amount of damages you incurred. You only need to prove fault and that the driver was negligent, just like any other civil injury lawsuit.
How Fault Is Determined in Car Accident Cases
Determining fault is central to any car accident claim and will directly impact insurance claims and potential lawsuits. In a drunk driving case proof of intoxication is usually enough to determine fault, though the actions of the other driver can also play a part. For a rear-end collision, the driver who hits another vehicle from behind is presumed to be at fault. However, there may also be certain exceptions.
Other examples (such as multi-vehicle pile-ups) are often complex and require a thorough investigation. A personal injury and civil litigation attorney can advise on the various types of car accidents and the likelihood of a successful resolution, thereby providing a solid foundation for a compensation claim.
Contact Our McKinney Car Accident Attorney Today
Lucé Law, PC represents individuals involved in car, motorcycle and truck accidents. When you need advice from McKinney-based car accident attorneys, speak with your team today. Call (972) 632-1300 or request a free legal consultation now.
