Can You Receive Compensation After a DWI Accident?
Being in a car accident of any kind can be a scary and frustrating experience. First, there’s dealing with possible property damage and injury. You also have to deal with insurance companies. In some cases, you may even be facing a potential court hearing for compensation after an accident. Getting compensation isn’t always easy, especially if there’s an associated driving while intoxicated charge. A DWI accident attorney can help you understand your case and get you the compensation you deserve after an accident.
What You Need to Receive Compensation
In order to get compensation from either an insurance company or a lawsuit, you’ll need supporting evidence to help your claim. This information also needs to include documents that support the financial sum you’re seeking. When working with a DWI accident attorney to seek compensation, you’ll need the following:
- Registration and license information of other drivers involved
- Official police record number for the accident
- Witness testimony
- Pictures of the accident and video footage of the incident, if available
- Medical records or notices
- Car repair shop receipts or quotes
Having everything available before you start filing a claim or lawsuit is the best way to ensure that you get the compensation you need after an accident.
Does a DWI Charge Affect Your Insurance Compensation?
Texas law requires all drivers to have a minimum coverage protection plan for accidents. Whether or not you can get compensation from your insurance company will depend mainly on the wording of your policy. There are several different policy options, and many exclude financial compensation if the driver was partaking in illegal activities (such as driving under the influence). However, many policies will still pay out a certain amount for injuries and property damages even if a driver is charged with a DWI. However, it’s important to note that a DWI charge alone will heavily increase your insurance premiums, and seeking compensation after a DWI accident will also hike your monthly payments up.
Does a DWI Charge Affect Other Insurance and Personal Injury Lawsuits?
Being charged with a DWI offense doesn’t necessarily mean you are at fault for any accidents. Accidents can occur for many reasons at any time, and you may still be able to receive compensation afterward. Working with a DWI accident lawyer can help you identify the cause of the accident. It can also prove the fault of another driver when seeking compensation.
However, even if you can successfully prove that someone else was at fault for the accident, a successful DWI charge is going to reduce the compensation you receive. Texas follows the modified comparative fault laws, dictating that the percent of financial compensation you’re entitled to be directly linked to your percentage of fault in the accident.
For example, if you can prove that another driver was responsible for the majority of the accident by running a red light, you can receive compensation. But a judge or jury may rule that you were 20% responsible for driving while intoxicated. As a result, you weren’t able to pay attention to traffic and could have possibly avoided the collision. In this case, if you were normally to be rewarded $10,000 for compensation, you would only be able to collect $8,000.
Defenses for DWI Accidents
Whether you’re seeking compensation or being sued for personal injuries associated with the accident, a lawyer can help you build your defense. A DWI accident attorney could help you seek compensation if the accident was not your fault. They can also help you defend your case. Additionally, they can help reduce the financial burden an accident and a DWI charge can cause. Working with an experienced attorney allows you to focus on recovering after an accident and getting your life back together after the initial upset. It’s important to contact an attorney as soon as possible after an accident. That ensures they’re available for your initial hearing and they can begin working on your case right away.
Experienced DWI Accident Attorney in Tyler, Texas
Being in a car accident is stressful enough; facing a DWI charge makes the situation even more difficult. At Hager Law, our experienced DWI accident attorneys are here to help. Are you trying to get compensation from your insurance or fighting a personal injury lawsuit? We can help you get your case together. Call Hager Law at (903) 466-0001 as soon as possible for an initial consultation about your case. With our expertise and years of knowledge on your side, you can get the financial compensation you deserve while building a strong defense against your DWI charge.