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Seeking Justice After a Drunk Driving Accident

When dealing with the aftermath of a drunk driving accident in Bryan, TX, knowing what to look for in a drunk driving accident lawyer in Bryan, TX is indispensable. Although the number of DWI and DUI cases in Bryan, TX, College Station, and Brazos County have decreased, the sobering reality is that 10,000 lives are lost each year due to alcohol-fueled car crashes. Each one of these deaths is 100% preventable. If you or a loved one has been injured or whose life has been negatively impacted by a drunk driver, it is important to contact Brian C. Gutierrez, our drunk driving accident lawyer in Bryan, TX, or College Station without delay for dedicated legal support.

Know the Impact of Alcohol on Driving: BAC Levels and Impairment

When alcohol is consumed, it passes quickly through the lining of the stomach into the bloodstream, where it suppresses the central nervous system (CNS), impairing thinking, reasoning, and muscle coordination. The ability of any particular person to process alcohol is affected by the person’s gender, body weight, the number of drinks consumed, tolerance, and the amount of food consumed. 

At a Blood Alcohol Concentration (BAC) of .08 grams of alcohol per deciliter (g/dl) and higher, a driver’s concentration, speed control, perception, signal detection, and visual search begin to be exponentially impaired. This is why, for example, most states have set the legal limit for operating a motor vehicle at .08 BAC, what is known as the per se violation of the Texas drunk driving law contained in §§ 49.01 and 49.04 of the Texas Penal Code. However, regardless of BAC, a driver is deemed “intoxicated” when the driver lacks the “normal use” of his or her “mental or physical faculties.”

At 2x the legal limit, a driver’s ability to control the vehicle is substantially impaired; at that BAC, the driver lacks the ability to process the necessary visual and auditory information to safely operate a motor vehicle.

If you find yourself in the unfortunate situation of being a victim, seeking the assistance of a dedicated drunk driving accident lawyer is essential. Finding the right lawyer is paramount, especially when dealing with the aftermath of a drunk driving accident.

A skilled and experienced attorney can provide essential guidance, navigate complex legal processes, and advocate tirelessly on behalf of victims. The right lawyer understands the nuances of drunk driving cases, possesses the experience to build a strong case, and ensures that clients receive the compensation they rightfully deserve.

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Assessing Attorney-Client Fit

While qualifications are significant, the compatibility between attorney and client should also be taken into account. The relationship between a lawyer and their client goes beyond the courtroom—it’s a partnership built on trust, understanding, and clear communication.

The lawyer’s communication style and their capacity to provide empathetic representation significantly influence this relationship.

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Communication Style

Communication is the lifeblood of any relationship, and the attorney-client relationship is no exception. A lawyer’s communication style can greatly influence the course of a case. An efficient communicator can elucidate complex legal concepts, update their client on the case progress, and manage expectations effectively. This not only helps the client understand the legal process but also fosters mutual trust and respect.

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Compassionate Representation

Compassionate representation is about more than just expressing sympathy for a client’s situation. It’s about:

  • Understanding their emotional and physical suffering
  • Acknowledging their individual circumstances
  • Advocating for their interests during the legal proceedings.

A lawyer offering empathetic representation goes beyond their legal responsibilities, providing emotional support and a listening ear along with legal counsel.

Qualifications of a Drunk Driving Accident Lawyer

After experiencing a drunk driving accident, a qualified lawyer by your side can significantly impact the outcome. But what makes a lawyer qualified to handle such cases? There are three key qualifications to look for: a proven track record, specific knowledge, and board certification in personal injury trial law.

Proven Track Record

The saying “past performance is no guarantee of future results” may hold true in the stock market, but when it comes to choosing a lawyer, a proven track record is a strong indicator of competence. A lawyer with a record of successful litigation in drunk driving cases has exhibited their skill in handling these complex cases and achieving results.

Specific Knowledge

Drunk driving cases are not just about proving that the other driver was intoxicated. They involve a deep understanding of the legal factors at play, from potential fines and license suspension to felony charges in cases of serious injuries or death caused by drunk drivers. A lawyer handling drunk driving accidents employs this specific knowledge to construct a solid case.

Board Certification in Personal Injury Trial Law

Board certification in personal injury trial law is more than just a credential. It’s a mark of excellence, an assurance that a lawyer has met high standards of proficiency and experience in handling personal injury cases, including those related to drunk driving accidents.

Lawyers with board certification have proven their experience and knowledge in this field through extensive practice and a stringent examination process.

Resources and Accessibility

Besides their qualifications and communication style, a lawyer’s resources and accessibility also hold considerable weight. Does the lawyer have the resources to conduct a thorough investigation into the accident? Are they available to answer your questions and address your concerns promptly?

These elements can significantly affect the progression and result of your case.

Investigation Capabilities

A lawyer’s investigative ability in a drunk driving accident can determine the case’s success or failure. A thorough investigation involves:

  • Collecting evidence
  • Conducting interviews
  • Obtaining police reports
  • Analyzing all the details of the case

This information is crucial for proving liability and building a strong case against the drunk driver.

Availability for Clients

The availability of a lawyer can greatly impact the attorney-client relationship. A lawyer who is accessible and responsive to their client’s needs can:

  • Provide personalized legal advice
  • Represent the client effectively in negotiations and court proceedings
  • Navigate the complexities of drunk driving cases.

This consistent availability can offer a client a sense of security and reassurance during a difficult period.

Strategy and Negotiation Skills

Opting for the right lawyer also involves finding someone with robust strategic and negotiation skills. A lawyer who can build a strong case and effectively negotiate with insurance companies can make a significant difference in the outcome of a case.

Building a Strong Case

Building a strong case goes beyond simply collecting evidence. It involves analyzing the evidence, presenting it compellingly, and using it to establish the liability of the intoxicated driver. A lawyer’s ability to build a strong case can greatly influence the outcome of a case and the amount of compensation that can be recovered.

Experience with Insurance Companies

Negotiating with an insurance company can be intimidating. Insurance companies often employ various strategies to reduce their liability, such as denying or undervaluing claims.

A lawyer with experience dealing with insurance companies knows how to navigate these tactics and can negotiate effectively to secure fair compensation for their client.

Compensation for Drunk Driving Accidents

Comprehending the compensation you’re entitled to after a drunk driving accident can be intricate.

In Texas, compensation for drunk driving accidents can include compensatory damages, such as medical bills and lost wages, and exemplary damages, such as punitive damages designed to punish and deter grossly wrongful conduct.

Compensatory vs. Exemplary Damages

Compensatory and exemplary damages serve different purposes in a drunk driving accident case. Compensatory damages are designed to compensate the victim for their losses, including medical expenses, lost income, and property damage.

Exemplary damages, on the other hand, are designed to punish the offender and deter similar behavior in the future. Understanding the difference between these types of damages can help you understand the potential value of your claim.

Calculating Fair Settlements

Calculating a fair settlement in a drunk driving accident case involves considering a variety of factors, including:

  • Medical expenses
  • Lost income
  • Property damage
  • Future expenses

A lawyer can help you understand these factors and how they impact your potential compensation.

It’s important to remember that each case is unique, and the specific circumstances of your case will determine the amount of compensation you may be entitled to.

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Legal Fees and Payment Structures

When engaging a lawyer, understanding their fees and payment structure is important. Many lawyers who take drunk driving accident cases operate on a contingency fee basis, meaning that they only receive payment if they successfully win the case or negotiate a favorable settlement for their client.

No Upfront Costs

The idea of hiring a lawyer can be daunting, particularly when you’re already dealing with the financial impact of a drunk driving accident. But with a contingency fee arrangement, you don’t have to worry about upfront costs. You won’t pay any legal fees unless your lawyer successfully recovers compensation on your behalf.

This arrangement can help ease the financial burden and ensure that everyone has access to legal representation, regardless of their financial situation.

Contingency Fee Explained

A contingency fee is a fee that is contingent (or dependent) on the outcome of the case. If your lawyer successfully recovers compensation on your behalf, they will receive a predetermined percentage of the recovery as their fee. This percentage is typically agreed upon before the lawyer starts working on your case.

It’s important to discuss this percentage with your lawyer before you hire them so you understand what to expect.

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How Brian C. Gutierrez Can Help You

Navigating the aftermath of a drunk driving accident can be a daunting task. Between dealing with injuries, mounting medical bills, and insurance companies, the process can be overwhelming. But with a qualified and compassionate lawyer by your side, you don’t have to face these challenges alone. A lawyer can help you understand your rights, build a strong case, negotiate with insurance companies, and pursue the compensation you deserve.

When it comes to drunk driving accidents, Brian C. Gutierrez is that lawyer. With a thorough understanding of personal injury law and a commitment to compassionate representation, Brian is dedicated to helping his clients navigate this difficult time and secure the compensation they deserve.

With more than 15 years of experience handling personal injury and car accidents, our Bryan car accident lawyer brings a wealth of knowledge and experience to the table, especially in a car accident case. He acknowledges the emotional, physical, and financial impact on car accident victims of a drunk driving accident and is committed to aiding his clients through this challenging period.

When you work with Brian C. Gutierrez, you can expect:

  • A personalized approach to your case
  • Time taken to understand your situation and your needs
  • Tireless work to secure the maximum compensation you’re entitled to
  • Availability to answer your questions and address your concerns
  • Support and guidance every step of the way

At Brian C. Gutierrez, our drunk driving accident attorney in Bryan, TX and College Station has handled cases where the drunk driver was three times over the legal limit and caused catastrophic injuries or death.

If you’ve been injured in a drunk driving accident in Bryan, College Station, Caldwell, Hempstead, or the surrounding areas, don’t hesitate to reach out to Brian Gutierrez for a free consultation. With Brian on your side, you can focus on your recovery while he handles the legal details.

Frequently Asked Questions

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What is the average settlement for a drunk driving accident in Texas?

The average settlement for a drunk driving accident in Texas is about $100,000. If you’ve been in such an accident, you may be entitled to compensation for your injuries. However, the final amount can vary significantly based on the unique circumstances of each case.

Can I sue a drunk driver in Texas?

Yes, you can sue a drunk driver in Texas, as it is a pure negligence state. However, be aware that the driver’s defense attorney and insurance company may aggressively fight the charges, reducing your chances of receiving full compensation.

How often is someone killed from drunk driving in Texas?

On average, three lives are lost every day due to drunk driving in Texas, with a total of 1,162 fatalities in 2022.

What qualifications should a lawyer handling drunk driving accidents possess?

A lawyer handling drunk driving accidents should have a proven track record, specific knowledge of related laws, and board certification in personal injury trial law to ensure they are competent in handling such cases.

Experienced Drunk Driving Accident Lawyer in Bryan, TX & College Station.

If you need a drunk driving accident lawyer in Bryan, TX or College Station, contact Brian C. Gutierrez for experienced representation.

Our DUI accident lawyer can help you build a strong case. We will obtain the crash report, conduct our own investigation, gather evidence, interview witnesses, hire experts, coordinate with the police and prosecutor, and, if necessary, file a lawsuit and subpoena records and video from the bar to prove the negligent driver was intoxicated when the crash occurred. Don’t delay, contact our personal injury lawyer in College Station, TX today.

Sources: National Highway Traffic Safety Administration, Texas Department of Transportation, and Mothers Against Drunk Driving (MADD).

Qualifications of a Drunk Driving Accident Lawyer

After experiencing a drunk driving accident, a qualified lawyer by your side can significantly impact the outcome. But what makes a lawyer qualified to handle such cases? There are three key qualifications to look for: a proven track record, specific knowledge, and board certification in personal injury trial law.

Proven Track Record

The saying “past performance is no guarantee of future results” may hold true in the stock market, but when it comes to choosing a lawyer, a proven track record is a strong indicator of competence. 

A lawyer with a record of successful litigation in drunk driving cases has exhibited their skill in handling these complex cases and achieving results.

Specific Knowledge

Drunk driving cases are not just about proving that the other driver was intoxicated. They involve a deep understanding of the legal factors at play, from potential fines and license suspension to felony charges in cases of serious injuries or death caused by drunk drivers.

A lawyer handling drunk driving accidents employs this specific knowledge to construct a solid case.

Board Certification in Personal Injury Trial Law

Board certification in personal injury trial law is more than just a credential. It’s a mark of excellence, an assurance that a lawyer has met high standards of proficiency and experience in handling personal injury cases, including those related to drunk driving accidents. Lawyers with board certification have proven their experience and knowledge in this field through extensive practice and a stringent examination process.

“No words describe how amazing it is to work with Brian.” J.T.

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