Filing a Claim Against a Drunk Driver After the Holidays

Drunk driving crashes can happen at any time of the year, but they are particularly common during the holiday season. Indeed, according to the National Highway Traffic Safety Administration (NHTSA), December is the most dangerous month of the year for driving, and there are more than 1,000 drunk driving deaths annually between Thanksgiving and the New Year. When a drunk driver causes injuries in a collision that takes place during the holidays, it is essential for the injured parties to know that they can move forward with a civil lawsuit against that driver weeks or months  —  and often even longer  —  after the holiday season. In short, you may still have time to file a claim to seek financial compensation.

Common Evidence in an Accident Claim Against a Drunk Driver

If you are injured in a holiday season car accident caused by a drunk driver, you should certainly consider filing a civil lawsuit against that intoxicated driver. Your car accident attorney can help you to gather the evidence you need for your civil lawsuit, but common forms of evidence in a drunk driving accident case often include the following:

• Police report from the accident;
• Criminal record and law enforcement details about the driver’s blood alcohol concentration and drunk driving arrest;
• Witness statements from anyone who saw the drunk driver consuming alcohol or driving in an unsafe manner on the road; and
• Photos and video from the scene of the accident.

Timeline for Filing a Drunk Driving Accident Lawsuit

If you were injured in an accident caused by a drunk driver, you will need to file a civil lawsuit before the statute of limitations runs out in order to be eligible to obtain compensation. Under the Texas Civil Practice and Remedies Code, the statute of limitations for most car accident injury cases is two years from the date of the crash. Accordingly, you will have two years from the date the collision occurred and you sustained your injuries to file a lawsuit.

While two years is a relatively short amount of time, the statute of limitations does mean that you may still be able to file a lawsuit related to a drunk driving crash from over a year ago now. To find out more about gathering evidence and filing a claim before the statute of limitations runs out, you should seek advice from an attorney.

Contact Our Texas Car Accident Attorney to Find Out More About Filing a Civil Lawsuit Against the Drunk Driver Who Caused Your Injuries

If you or someone you love got hurt in a car crash caused by a drunk driver, it is important to begin working with a lawyer on your claim as soon as possible. Although Texas law gives you two years from the date of the collision to file a lawsuit, you should keep in mind that valuable evidence can be lost with time, and the sooner you move forward with your case, the easier it will be to gather clear and direct evidence you need to obtain compensation for your losses. One of the experienced Texas personal injury attorneys at John Reed, Attorney at Law can discuss your case with you today. Contact us to get started.

Sources:

nhtsa.gov/drive-sober-december-and-every-month

statutes.capitol.texas.gov/docs/cp/htm/cp.16.htm