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The Law Office of Doug Goyen has the qualifications you need to ensure your case is handled by one of the top injury lawyers in the State of Texas. Attorney Doug Goyen is licensed to practice law in the State of Texas and has been so since 1997. Goyen attended Southern Methodist University’s Dedman School of Law from 1994 to his graduation in 1997. Goyen passed the Texas Bar Exam in 1997. Before and during law school Goyen worked at GEICO in their bodily injury claims department from 1989 to 1997.
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Different Types of Compensation Available for DWI Car Accident ClaimsInsurance companies frequently provide insufficient compensation to car accident victims, paying only for the bare minimum or partial damages outlined in a claim. Hiring an experienced attorney who understands the tactics that insurance companies frequently employ will help to increase your chances of receiving compensation.
If we are unable to reach an agreement with the insurance company, we may be able to file a personal injury lawsuit seeking additional damages, which may include both economic and non-economic damages.
Economic damages are intended to assist in the payment of bills, expenses, and property loss. These damages compensate you for monetary losses you have suffered, such as medical bills, lost wages or inability to earn future income, and vehicle damage.
Noneconomic damages are monetary values assigned to nonfinancial suffering and losses caused by a car accident, such as pain and suffering, mental anguish, physical impairment, disfigurement, or the loss of a relationship with your spouse or family members, known as loss of consortium.
The rule of comparative negligence governs compensation in personal injury and property damage cases in Texas. A jury will determine the level of fault that both parties shared in causing the accident under comparative negligence. If you filed a $1,000 claim and it was determined that you were 30% responsible for the accident, you would be awarded $700. However, if you are more than 50% at fault, you will not be unable to recover.
Personal injury victims in Texas are required by law to file a claim within two years of the accident or the discovery of a hidden injury. You will not be able to seek compensation if you file a claim after the two-year time limit has passed.
Contact our auto accident attorney for qualified and experienced legal service to learn more about the compensation you may be entitled to following a car accident.
Call For A Free Case Review (972) 599 4100
DALLAS DWI ACCIDENT LAWYER – DRUNK DRIVERS CAUSING ACCIDENTSMADD states that Texas has the most DWI driving auto accident fatalities in the US. MADD says there were 1,438 deaths caused by drunk drivers in 2016. This means someone dies every 20 minutes. The National Highway Safety Administration data from 2019 shows that in Texas 40% of all traffic deaths were related to an impaired driver – the national average for all other states was 29%.
How to Recover in Auto Accidents Caused by Drunk Drivers
In order to collect a settlement in a personal injury case against a drunk driver, there are three areas that need to be covered: 1) Proving liability; 2) Proving what your damages are; 3) Ability to collect against those responsible.
Proving Liability against the Drunk Driver
In order to prove the drunk driver is responsible, we will get the following evidence. This evidence will also help add value to your case. We obtain your description of how the auto accident happened. We gather any witness statements about what they may have seen regarding the collision. We gather any video recordings there may be including police dash-cam or body-cam videos. We get the photographs and any audio recordings such as 911 calls. There are usually police reports and officer notes taken regarding the wreck and intoxication of the other driver, we gather that information. Every case is different, so as the facts develop we gather the evidence needed as the facts lead the way.
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Proving Your Damages caused by the Drunk Driver
In order to prove how much your damages are, we will get the medical documentation needed to prove what type of injury you have and the amount you have in bills. Often there is property damage such as the damage to your vehicle, we get the repair estimates and final billing records for that information along with any rental car, towing, or storage bills for your damaged vehicle. If you lose earnings due to a car accident injury we will gather the records needed to prove your lost earnings. We will discuss the case with you several times to make sure we understand exactly how your injury changed your life – the pain and suffering, mental anguish, any impairment, any disfigurement, any loss of consortium, any loss of a body part, or any other type of injury you may have had. We discuss with our client all the information we have gathered and verify if there is anything else that may be missing.
Ability to Collect Against Those Responsible for the Auto Accident
There are multiple potential ways to collect when a drunk driver causes an auto accident that injures someone. a) You can collect against the drunk driver themselves for their negligence; b) You can collect against anyone who negligently entrusted their vehicle to the drunk driver; c) You can possibly collect against those who provided the alcohol to the drunk driver in a Texas Dram Shop Act case.
Collecting against the drunk driver: This is the most straightforward line of attack. The drunk driver’s insurance company should pay for the damage they caused under their auto liability coverage. If the drunk driver is driving someone else’s vehicle when they caused the auto accident then there may be two auto liability insurance policies that may cover the claim.
Collecting for Negligent Entrustment: If the drunk driver was driving someone else’s vehicle in the auto accident there may be a claim against the owner of the vehicle for negligent entrustment for the owner allowing someone drunk to drive their vehicle.
Collecting for a Dram Shop Act case: In some auto accident injury cases where a drunk driver caused the accident, you may have a Texas Dram Shop Act case against the restaurant or bar that served the alcohol to the drunk driver. Under the Texas Dram Shop Act, an establishment that serves alcohol to an obviously intoxicated person is held responsible for the injury the intoxicated person caused.
The purpose of the law is to discourage establishments that serve alcohol from serving obviously intoxicated people when that intoxication can lead to auto accidents with serious injuries or death. See our page on Dallas Dram Shop Act cases.
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Driver Arrested by Police
In many car accident injuries caused by a drunk driver, the intoxicated driver is arrested at the scene by the police. The police typically have video and audio evidence that can help show the other driver was responsible for the collision and show their level of intoxication. Often though, because there is a criminal investigation going on into any DWI charges that may have been brought against the other driver, the police and prosecutors are hesitant to release that information until they obtain a conviction. Some of the reports and evidence are easily found and obtained. Other records may take more effort to obtain if the DWI charges are still pending against the other driver.
Driver Not Arrested by Police
There are times when you know the other driver was intoxicated when they caused the collision, but for some reason, the police do not make an arrest at the scene. There are times where the other driver has fled the scene before the police arrive, and that is the reason. Other times the police get there in time to interview the other driver but they just do not make an arrest. Sometimes police note on the reports that they detected alcohol, but there are times where it is not mentioned for whatever reason. In these cases it is important to gather all the evidence surrounding the facts – get 911 tapes and records, get witness statements, talk to the officer to see what the reason was that they did not arrest the drunk driver. Sometimes officers just miss something. It happens. Our job is to scour the records and evidence to make sure we can get the evidence needed to help your case. We will search every record related and speak to all witnesses to make sure we get the information we need to get the full value of your case.
Call For A Free Case Review (972) 599 4100
GETTING RESULTS FOR YOUR CASEInvestigation, Negotiation, Communication, and Litigation
Attorney Goyen is a personal injury lawyer with over 23 years of experience. In addition to doing a thorough investigation into your car accident injury and into the drunk driver who caused the collision, we also deal with the insurance company. We gather the evidence needed to prove your claim and maximize the value of your claim. We negotiate with any claims representatives regarding your injury and keep in communication with these claims representatives. Some cases cannot be settled for one reason or another. If litigation is needed we file a lawsuit on your case and take the case to trial.
Call For A Free Case Review (972) 599 4100
TYPES OF MOTOR VEHICLE ACCIDENT CASES WE HANDLEThe Law Office of Doug Goyen handles personal injury motor vehicle cases throughout the state of Texas. This includes car crash cases (automobiles, 18 wheelers, drunk driver accidents, motorcycle accidents, pedestrians struck by vehicles, bicycles struck by vehicles, Dram Shop cases, and Wrongful Deaths caused by motor vehicle accidents).
We deal with the insurance company and protect your rights while you focus on what you need to do to get better and take care of yourself and those around you.
Large commercial trucks do serious damage and cause serious injuries. We will fight for you to get you the compensation you deserve and protect your rights while you recover.
Drunk drivers cause serious injuries and death every year. We fight their insurance companies to get you compensated for the damage and injury they have caused you.
Pedestrians struck by vehicles can suffer serious injuries. We represent people injured in by negligent drivers and help our clients get compensation for their injury.
Bicyclists are at risk of serious injury if they are hit by a vehicle. We represent bicyclists who have been hit by careless drivers.
When bars or restaurants continue to over-serve drunk people, and those people cause accidents that result in injuries, we assist clients in obtaining compensation for their injuries.
We fight for the rights of motorcyclists who have been hurt by careless drivers. We are fighting for full compensation from the insurance company.
When someone dies as a result of negligence from a motor vehicle accident, the family and estate have a claim against the negligent parties. We represent families and estates in obtaining restitution for their losses
Call For A Free Case Review (972) 599 4100
Types of Injuries Caused by DWI AccidentsThe following types of injuries can occur in motor vehicle accidents, especially in DWI auto accidents:
Law Office of Doug Goyen
15851 Dallas Pkwy #605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax
Directions to our office: We are on the southbound side of the service road to the Tollway. Stay on the Dallas North Tollway until you come to the Keller Springs exit. Take the Keller Spring exit. Stay on the service road on the southbound side and go just past Keller Springs. Our office is the 2nd building south of Keller Springs, located on the service road to the North Dallas Tollway in the Madison Business Center on the 6th floor.
Please Review us at:
By Doug Goyen, douggoyen@goyenlaw.com
Call For A Free Case Review (972) 599 4100
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