Injured by a Drunk Truck Driver in Texas? Here’s Your Guide

Being involved in a truck accident is terrifying. But when the truck driver is under the influence, it adds another layer of injustice and frustration. Texas takes a firm stance against drunk driving, especially when it results in injury.

At Stewart Law Firm, our Austin-based personal injury attorneys understand how overwhelming being injured in a truck accident can be, especially with the legal proceedings that come with it. With years of experience and a commitment to client-focused representation, attorney Stephen Stewart and our dedicated team are here to advocate for you.

We know how these accidents are devastating, and our goal is to help you navigate the legal process with compassion and professionalism, ensuring you get the justice and compensation you deserve.

Holding Negligent Truck Drivers Accountable

Drunk driving is not only illegal but also dangerous, and Texas takes this issue seriously. Under Texas Penal Code Section 49.04, driving while intoxicated (DWI) is a serious offense.

When an intoxicated truck driver causes an accident and is liable for a victim’s claim, victims are entitled to seek justice for the harm caused.

Our legal system in Texas allows for compensation to help you recover and hold negligent drivers accountable for their actions.

Pursuing Compensation for Your Losses in Texas

A personal injury claim can help you recover a variety of damages. The kinds of damages you can collect after an incident include:

• Medical Expenses: These include current and future medical costs related to the accident, such as emergency room visits, surgeries, medications, and rehabilitation.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for your lost earnings.
• Property Damage: This covers the costs to repair or replace your vehicle and any other personal property damaged in the accident.
• Pain and Suffering: Compensation is available for the physical pain and emotional distress you’ve endured because of the accident.
• Loss of Consortium: If your injuries have negatively impacted your relationship with your spouse, you may be able to seek compensation for this loss.
• Punitive Damages: In some cases, punitive damages may be awarded under Texas Civil Practice and Remedies Code Section 41.003 to punish the truck driver for particularly reckless or malicious behavior and deter others from similar conduct.

What to Do Immediately After an Accident with a Drunk Truck Driver

Taking the proper steps after a truck accident can protect both your safety and your legal rights. Here’s what you should do:

1. Prioritize Safety: Move your vehicle to a safe locatio, if possible, away from traffic and further danger.
2. Call 911: Reporting the accident and requesting medical help is essential, even if injuries aren’t immediately obvious.
3. Gather Evidence: Take photos of the accident scene, vehicles, and your injuries. Collect witness contact information if available.
4. Seek Medical Attention: Some injuries may not be apparent right away, so it’s important to see a healthcare professional as soon as possible.

Calling an experienced Texas attorney to support you during these circumstances is an important step to protecting your legal rights and receiving guidance through the process of seeking compensation.

How Is Pain and Suffering Calculated in Texas?

Calculating pain and suffering in Texas goes beyond just adding up bills. The law considers a variety of factors to determine how much compensation is appropriate for the physical and emotional distress caused by the accident. These factors include:

• Severity of Injuries: The more serious the injury, the higher the potential for compensation.
• Length of Recovery: Injuries that require a lengthy recovery period may lead to higher compensation.
• Impact on Daily Life: If your injuries prevent you from performing normal activities or enjoying life as before, this will be factored into the amount.
• Emotional Distress: Trauma, anxiety, and other emotional impacts of the accident are also considered in the calculation.

Pain and Suffering Settlement Examples in Texas

The compensation for pain and suffering in truck accident cases can vary widely depending on the specifics of the case. Factors such as the severity of the injuries, the long-term impact on the victim’s life, and the degree of negligence involved all play a role in determining settlement amounts.

Some general factors that influence settlements in Texas truck accident cases include:

• The extent of physical injuries (e.g., broken bones, traumatic brain injuries, paralysis)
• The cost of current and future medical treatment, including surgeries and rehabilitation
• The emotional and psychological impact, such as trauma and anxiety
• Whether the injuries prevent the victim from returning to work or require ongoing care

While every case is different, here are examples of outcomes based on similar cases:

1. A victim who suffered moderate injuries such as a broken leg or whiplash, leading to temporary inability to work, might receive compensation to cover medical bills, lost wages, and pain and suffering.
2. In cases involving serious injuries, like traumatic brain injuries requiring extensive rehabilitation, settlements can be significantly higher due to the long-term impact on the victim’s life and health.
3. Catastrophic injuries, such as paralysis caused by a drunk truck driver, can result in substantial settlements to cover lifelong medical care, pain and suffering, and loss of quality of life.

It’s important to remember that these examples are generalizations. The actual value of your case will depend on its unique facts and circumstances, including the applicable laws and the skill of your legal representation.

Texas Drunk Driving Laws and Truck Drivers

Texas has stringent laws against drunk driving, and these laws are even stricter for truck drivers. According to Texas Transportation Code Section 522.081, truck drivers are held to a higher standard, with a legal blood alcohol concentration (BAC) limit of just 0.04%, compared to the general limit of 0.08%. Any violation of this limit can result in severe consequences, including criminal charges, license suspension, and civil liability for damages caused in an accident.

When a truck driver violates these laws and causes injury, victims have the right to pursue both criminal and civil actions. Under Texas Civil Practice and Remedies Code Chapter 33, Texas follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you may still recover damages as long as you are not more than 50% responsible.

Contact Our Truck Accident Attorney at The Stewart Law Firm Today

If you’ve been injured by a drunk truck driver, Stewart Law Firm is here to help. Stephen Stewart and our dedicated team are committed to standing by your side and ensuring that you receive the compensation you deserve.

We understand the emotional, physical, and financial toll this accident has taken on your life, and we’re here to guide you through the legal process every step of the way.

Contact us at (512) 326-3200 for a consultation. We’re here to listen, advocate for you, and fight for your rights.