Dallas-Fort Worth auto accident attorney Bill Berenson is a strong advocate for the rights of drunk driving victims. He has written on the topic and has given speeches at alcohol awareness events. Berenson Injury Law supports Mothers Against Drunk Drivers and is a sponsor at the annual Walk Like MADD in Fort Worth.
Most importantly of all, we are skilled, supportive, compassionate and aggressive advocates for our clients who have been injured by drunk drivers and of families whose loved ones were killed in these senseless crashes.
If you were injured by a drunk driver, we know you have a lot of questions. Please read our frequently asked questions and call our office for your free consultation to learn more.
The County’s District Attorney’s office prosecutes the drunk driver in criminal court to reach a conviction that may result in jail, fines, probation and other criminal penalties. You may also bring a separate lawsuit in civil court to recover damages for your injuries and property damages, but many cases can be settled for the drunk driver’s automobile liability limits out of court.
The criminal judge will typically order restitution to the victims of a drunk driver. However, the amount is usually only a small portion of the amount of compensation to which you are entitled. You can pursue damages from the drunk driver and your insurance policies in a civil claim. In addition, the Texas Crime Victims Fund may assist with paying your damages.
Regardless of the outcome of the criminal trial, you can still sue the drunk driver in civil court and have a much better chance of prevailing. The prosecutor in a criminal case has the very high burden of proving guilt beyond a reasonable doubt. The plaintiff in a civil case must only show that the drunk driver was liable by a preponderance of the evidence, meaning that it is more likely than not.
Intoxication is a crucial factor in an auto accident claim and generally the central theory in a civil lawsuit involving a drunk driver. However the defense may attempt to show that the driver was not drunk, that intoxication did not contribute to the crash, or that the plaintiff was more than 50 percent responsible for the crash. In Texas, your damages are reduced by your percentage of liability, so you should be fully prepared to prove your case.
You may have a valid claim against a driver impaired by legal medications even if the District Attorney’s Office does not file criminal charges.
Insurance companies are usually reluctant to take drunk driving claims to trial and have incentive to settle quickly. Our attorney uses this position to our advantage to recover your maximum possible damages
You may have a “dram shop case” against the restaurant, bar, nightclub or other establishment that continued to serve an obviously intoxicated driver who ran into you. A dram was like a shot in England hundreds of years ago.
You may be entitled to economic damages, including medical bills, lost wages, diminished earning capacity, disability and pain and suffering. We may also pursue punitive damages for the drunk driver’s gross negligence.
Berenson Injury Law is known for our aggressive determination to recover the maximum possible compensation for our clients. We pursue every possible insurance policy, including uninsured motorist policies, and can negotiate bill reductions with your medical providers.
The payment policies at Berenson Injury Law make our services accessible to all clients. First, your initial consultation is free so you can learn more about your options for pursuing damages. Once you retain our firm, we handle your claim on contingency, meaning we do not charge you for attorneys’ fees until we win damages for you.
Begin with a free case review
Collect all records and evidence regarding your case
The other party will either accept or reject the demand, or provide a counteroffer
If they refuse to pay what you deserve, we’ll go to court
Each party will compile and submit evidence to be used in the trial
Before trial, an informal proceeding will take place to see if both parties can come to an agreement
If a settlement cannot be reached, we will fight for you in trial
While we are proud to call Fort Worth home, we are also more than happy to help injured people living all throughout Texas. Whether it's a car accident on the interstate or a backcountry road, we have years of experience and will fight tirelessly until our clients get what they deserve!