Yes. If you were hurt in a commercial vehicle crash, you still need to pursue a personal injury claim if you want to recover financial compensation for your injuries.
While the facts of both the criminal drunk driving case and your civil truck accident injury case are the same, the legal standards for determining guilt in a criminal case and liability in a civil case are different.
Criminal Cases
Drunk driving is against the law, and a drunk driving conviction may result in jail time for the trucker if it's proven he was intoxicated at the time of the crash. The state brings criminal cases on behalf of the people of Texas. It's in the public’s interest to hold people who break the law accountable and to discourage drunk driving. The people of Texas, however, don't have an interest in your personal compensation.
Nevertheless, a criminal case can help your civil case if you work with the right personal injury attorney. Our experienced truck accident lawyers know how to get prosecutors to share important evidence with us that helps prove what caused your accident.
Civil Cases
The outcome of the state’s criminal drunk driving case doesn't predict the determination of your civil case. The state must prove the truck operator's guilt beyond a reasonable doubt. You must prove this negligence more likely than not caused your accident injuries. If you do this, then you can recover damages for past and future:
Healthcare costs
All medical costs from your ambulance ride to your final accident-related treatment should be part of your financial recovery. This includes, but isn't limited to, hospital stays, doctors’ visits, surgeries, medications, and physical therapy. If your insurance paid for any medical costs, then it might have to be reimbursed for those payments out of your settlement or court recovery.
Lost income
If you're unable to work because of your truck accident injuries, or if you're unable to make the same income that you did before the accident, then lost income may be part of your financial compensation.
Physical pain and emotional suffering
These non-economic damages may be hard to value, but they're a significant part of your recovery. An experienced truck accident lawyer knows what evidence to present to prove the value of your pain and suffering so it can be part of your compensation.
Other losses
Any other financial losses you can prove are related to your accident injury should be part of a settlement or court recovery.
Even if a criminal drunk driving case is pending against the trucker who caused your injuries, we encourage you to contact Steven M. Lee, P.C. today to schedule a free consultation about your rights.
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