It happens in an instant. A driver was driving home Sunday, June 16th, when she suddenly lost control of her vehicle. Police officers responded to the report of a 2018 Dodge Charger that had flipped on its side in the 1200 block of Browning Drive.
The driver was a 23-year old named Atlandis Brown. She was transported to the local hospital due to her injuries, however, they were not life-threatening. The passenger of her car, however, who was a 21-year-old woman, was pronounced dead at the scene of the accident.
Preliminary investigations suggest that Ms. Brown was intoxicated and traveling at high speeds when she lost control of the car. The vehicle crashed into a tree and a privacy fence before rolling over. Neither the driver nor the passenger wore their seat belt during the accident.
Tragically, this story is extremely common in the State of Texas. The Texas Department of Transportation reported that in 2022, there were a total of 1,162 individuals killed in a drunk driving accident. This was a 2% increase from 2021. To put a better perspective on the seriousness of drunk driving accidents, these statistics show that about three people die every day from drunk driving accidents alone.
Individuals who have been injured in a DWI accident face a long road to recovery. Not only are the injuries that come from a DWI accident often horrific but the medical costs and the cost to replace damaged personal property can leave victims in financial straits. A victim’s best chance at a successful recovery comes through partnering with a trusted DWI accident attorney.
Branch & Dhillon, P.C. is dedicated to ensuring that all victims of DWI accidents can get the compensation they deserve to cover the costs of their accident. We make it a point to help our clients understand completely what is going on with their case and how much it is worth. We know how to handle insurance companies so they don’t bully our clients into accepting less. Our attorneys have taken the time to construct this article so that our clients know what DWI compensation in Arlington, Texas looks like and how they can start their road to recovery.
What Is DWI Victim Compensation?
Individuals who have been injured in a DWI accident have a few avenues that they can pursue to get compensation for medical expenses and damages. Here are the different types of DWI Victim Compensation:
The Crime Victims’ Compensation Program
Created in 1979, the Crime Victims’ Compensation Program (CVC) was designed to encourage individuals harmed in serious crimes, such as drunk driving, to pursue criminal charges. This was done by incentivizing the pursual while alleviating some of the financial barriers that often come with a lawsuit and after an accident.
Individuals who have been harmed by a drunk driver in the state of Texas may be entitled to reimbursement from the State for various expenses related to their accident. These expenses include:
- Medical care related to their injuries
- Lost earnings
- Loss of financial support (for family members or dependents)
- Funeral costs
- Child and dependent care
To qualify for the CVC program, the DWI accident victim needs to apply by submitting an application to the program online. Eligibility for the victims to be accepted into the program are as follows:
- The crime must have been reported to law enforcement.
- The victim has to be a resident of Texas and a US citizen.
- The victim cannot have contributed to the crime in any way.
However, it needs to be noted that the CVC program only applies to victims who have no other source of compensation for their expenses. This means that the program looks at the drunk driver’s car insurance, your car insurance, and your health insurance when determining whether you qualify for payment under the program. It is a good idea to consult with a DWI accident attorney to understand your rights and legal options before submitting a claim through the CVC program or before negotiating a settlement with any of the insurance companies involved.
Individuals who are eligible and choose to seek compensation under the CVC can expect the top amount of payment to be granted to be $50,000. In most cases, this isn’t enough to fully recover from the losses that accrued after your accident. It will also not compensate you for other intangible damages, such as pain and suffering.
As mentioned before, it is extremely important to speak with a drunk driving accident attorney before you try to apply for the CVC program. This will ensure that you know exactly which legal options are available to you and whether or not this program is your best course of action.
Want more information on the Texas Crime Victims’ Compensation Program? Here is a reference sheet you can access.
DWI Accident Injury Lawsuit
Your best bet for gaining the compensation you deserve from a DWI accident is to seek out a DWI accident attorney to help you file a civil personal injury lawsuit. The DWI accident attorneys at Branch & Dhillon, P.C. can fight on your behalf to get the compensation you deserve after an accident.
Legal Rights of DWI Victims in Arlington
Every victim of a DWI accident in Arlington, Texas has the right to seek fair compensation from the negligent party. This compensation can cover the following damages:
- Present and future medical expenses are related to your injuries
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Punitive damages
- Loss of consortium (in cases of wrongful death)
Steps to Take After a DWI Accident in Arlington
If you have been involved in a DWI accident, try your best not to panic. Panicking can worsen your injuries, cause you to miss or lose important details that happened, and make the situation worse. Knowing how to respond after an accident can help you keep calm and protect your ability to get the compensation you deserve.
- If you are able, move your car to the side of the road. This will ensure that you and the other drivers are safe and not in the way of traffic. If you cannot move your car after the accident due to damage or injuries, don’t stress. Turn on your hazard lights and call the police.
- Check on the other driver/drivers or passengers involved. Ensure that no one else is seriously injured after the accident. If anyone, including yourself, is injured, you will need to call emergency services immediately. Do not try to move seriously injured victims unless they are in immediate danger.
- Call the police. If you haven’t already, call the police to file an official report of the accident and ensure that an officer responds to the accident.
- Gather information about the accident. It is important to gather as much information as you can about the accident. This will aid you in making the police report as well as when you go to speak with an attorney about your car accident claim. The information you will need is as follows:
- The names and contact information of the other drivers and passengers
- License plate numbers of the vehicles involved
- Insurance information of the other driver/drivers involved
- The makes and models of the vehicles involved
- Witness statements and contact information
- The location and time of the accident
- Pictures of the damage to the cars as well as debris on the road
- Contact a Dallas car accident attorney. Many individuals think that the next logical step is to report the accident to the insurance companies. However, this is a huge misconception. Insurance companies are notorious for twisting words around and giving out as little money as possible for compensation. Having an experienced personal injury attorney on your side, such as the team at Branch & Dhillon, will ensure that you are being treated fairly when you do talk with the insurance company.
- Visit a healthcare professional. It is important to seek medical attention after you have been involved in an accident to document any injuries and treatment. Even if you feel like you are unharmed from the accident, seeking out medical attention is still highly encouraged. Some injuries, such as traumatic brain injuries, don’t show symptoms right away.
How Compensation Is Calculated for Texas DWI Victims
A Texas DWI personal injury settlement will range from moderate compensation sums for minor damages to substantial sums for more severe injuries and cases. Depending on the facts surrounding your case, the amount of settlement you receive will change. The factors that influence the amount you receive include the extent of physical damage and property damage. The compensation that is awarded through a DWI car accident lawsuit is for both tangible and intangible losses.
When looking at the amount of compensation you may be entitled to, the team at Branch & Dhillon reviews the following:
- The seriousness of your injuries. The more severe the injuries the higher the compensation is to cover the extensive medical treatments and long-term care.
- The amount of property damage that was accrued due to the accident. If the property damage is significant, this can increase the amount of compensation that may be available. This will ensure that the compensation will be able to cover the costs of repair or replacement for the vehicle or property in question.
- Was the victim partially at fault for the accident? If so, how much did their actions contribute? The state of Texas is a modified comparative negligence state, meaning that if the victim of the accident is found to be partially at fault for the accident, the percentage of their liability will be deducted from the overall compensation.
- The at-fault driver’s insurance coverage. The at-fault driver’s insurance coverage limit may play a role in the size of the settlement.
Why You Need an Arlington DWI Victim Lawyer
The attorneys at Branch & Dhillon have years of experience handling DWI accident cases across the Arlington, Texas area. We know that our clients deserve to get full compensation for their injuries and damages. When the insurance companies try to twist the tale to make it sound like you don’t need the full compensation, our attorneys will be right there to put them in their place. You shouldn’t have to bear the financial cost of recovery from an accident that was caused due to some else’s negligence.
Contact the DWI accident attorneys at Branch & Dhillon, P.C. today to partner with seasoned professionals who know what it takes to get our clients the compensation they deserve. We offer free consultation alongside a no-win, no-fee policy. Our commitment to protecting the rights of our community in Arlington, Texas has made us the trusted law firm for all car accidents and DWI accident cases. Contact us today for more information or to schedule a consultation to go over the facts of your case.
DWI Accident FAQs:
Victims of DWI accidents can seek out monetary compensation for the following damages:
– Present and future medical expenses that are related to your injuries
– Lost wages
– Loss of earning capacity
– Pain and suffering
– Punitive damages
– Loss of consortium (in cases of wrongful death)
Technically no, you do not need a lawyer to file a DWI victim compensation claim, but trying to navigate the proper legal channels on your own is sure to bring about disaster for your case. Remember, insurance companies are seasoned to convince victims that their injuries or the accident weren’t as bad as they originally thought or to try to get the victim to claim some type of responsibility for the accident. If this happens, the amount of compensation that the victim receives will be at the full mercy of the insurance companies, and most of the time, they pay out the lowest amount possible.
Branch & Dhillon, P.C. will help you understand what your case is worth and what legal options are available for you.
Acting quickly after a DWI accident is the best way to ensure you get the compensation you deserve for your accident. Swift legal action will ensure that evidence is preserved, such as accident scene photos, witness testimonies, and police reports. This evidence is crucial to show the legitimacy of your claim.
Additionally, the statute of limitations in Texas is two years from the date of the accident. You don’t want to wait until you are feeling 100% better before you seek out a claim.