How Impaired or Distracted Driving May Affect Liability in Wichita Falls and Dallas Car Accidents
At-fault drivers who are found to be impaired or distracted when the accident occurs may face increased liability for the damage they caused. Impaired driving, such as driving under the influence of alcohol or drugs, and distracted driving, such as texting or eating, are serious breaches of the level of caution every driver is required to exercise, which could potentially result in more compensation. When a breach like this occurs, drivers are considered to be reckless and that recklessness opens them up to being liable for what is called punitive damages.
How Punitive Damages May Apply to Wichita Falls and Dallas Car Accidents with Impaired or Distracted Drivers
Punitive damages are a type of damages awarded to victims of personal injury claims. All damages in personal injury claims are either compensatory or punitive. Compensatory are things like your medical bills, lost wages, and pain and suffering, all of which are meant to make the injured party whole again. Unlike compensatory damages, punitive damages are meant to punish the person who caused the accident for their bad conduct and deter them and others from engaging in that conduct. Thus, punitive damages are really only available when the at-fault party’s conduct is extremely bad or “reckless.”
For Wichita Falls and Dallas car accidents involving impaired or distracted drivers, punitive damages may be available. Generally, the at-fault party’s conduct must be especially bad. However, each situation is unique, and it really depends on the facts and circumstances for that particular case.
How to Prove Impaired and Distracted Driving in Wichita Falls and Dallas Car Accidents
Proving liability is an important part of every personal injury claim. If you can show that the at-fault driver in your Wichita Falls or Dallas car accident was impaired or distracted, it can help to strengthen your case. However, you will need evidence in order to do this. Evidence could include things such as police reports, witness statements, phone records, toxicology reports, or even surrounding surveillance or traffic footage. The more evidence you have to back up your case, the better.
Basic Steps to Take After a Wichita Falls or Dallas Car Accident
In any Wichita Falls or Dallas car accident, it’s important to follow these steps:
- Contact the police: In any case, call the police to investigate and ensure a report is filed. This report should document what occurred and if there was any distraction or impairment involved.
- Collect evidence: Take photos of the accident scene and your injuries, collect the other driver’s information, collect witness information, seek medical attention, and get estimates on your vehicle, on top of anything else you can think of to prove your claim.
- Seek expert advice: An experienced Wichita Falls and Dallas car accident lawyer can help gather the evidence you need to prove your claim and can handle all the filing and negotiating for you.
If you do these basic steps, you should be in a pretty good position to take on your personal injury claim.
Contact a Wichita Falls and Dallas Car Accident Lawyer
If a loved one has been killed in a car accident in Wichita Falls or Dallas, contact our car accident lawyer either by calling one of the numbers listed below or filling out our contact form. For Wichita Falls claims, contact us at 940-569-4000. For Dallas claims, contact us 945-295-0014. We will give you a free evaluation of your case and offer you helpful information on how to proceed.