What Punitive Damages Can I Receive After a DUI Accident in Texas?

Any car accident can be an incredibly scary and confusing experience for those involved. This is particularly the case for victims struck by a drunk driver. Unfortunately, these incidents are not uncommon in Texas. According to the state’s Department of Transportation, there were more than 24,000 auto accidents caused by drunk drivers during the latest reporting year in Texas. Out of those incidents, there were:

• 940 fatalities
• 2,138 suspected serious injuries
• 5,082 non-incapacitating injuries
• 6,320 possible injuries

There are various types of compensation that may be available to victims in the aftermath of the DUI crash.

What are punitive damages and how do they differ from other damages?

In most car accident cases, the injured victim (plaintiff) will not be seeking punitive damages from the at-fault driver. However, there are some exceptions to this.In the aftermath of a crash, victims may be entitled to various types of compensation for their losses. In personal injury law, damages fall into one of two categories: compensatory damages and punitive damages.

Compensatory damages

Compensatory damages are divided into economic damages and non-economic damages. Economic damages include coverage for medical bills, lost income, and other financial losses. Non-economic damages include pain and suffering and mental anguish damages that resulted from the accident injuries. Typically, compensatory damages are the main focus of a car accident case.How much money a person receives on compensatory damages will vary depending on the facts of their case. This includes the severity of the injuries, the cost of medical bills, the amount of lost income, pain and suffering costs, and more.

Punitive damages

Punitive damages are a special category of compensation in a Texas personal injury case. These damages are not considered compensatory, as they are not meant to compensate the plaintiff for any injuries or damages they suffered.As the name suggests, punitive damages are awarded for the purpose of punishing the at-fault party (the defendant). These damages also act as a deterrent to others who would behave in a similar manner.The appropriate amount of punitive damages awarded will be based on a consideration of a number of factors, including:

• How much the defendant has in assets
• The character and nature of the defendant’s conduct
• How much harm others might suffer if the defendant is not punished
• The actual harm the plaintiff suffered in the incident in question

There are caps on punitive damages in Texas. These damages are capped at the greater of $200,000 or two times the total amount awarded in economic damages plus the amount equal to non-economic damages is up to $750,000. It should be noted that this cap does not apply if the act in question was a felony, which many DUI cases are.In order to collect punitive damages in the aftermath of the drunk driving accident case, the plaintiff will need to provide clear and convincing evidence of gross negligence on the part of the defendant. Proving gross negligence typically requires two elements:

1. That the drunk driver should have known that their behavior involved an extreme risk
2. That the drunk driver understood the risk but did not care or disregarded it

It is vital that a DUI accident victim works with a skilled car accident attorney in Texas to ensure they receive maximum compensation for their claim. An attorney will be able to help a victim properly calculate their total losses and advise whether or not punitive damages are appropriate.

Fireworks Extravaganza

While Mike Love and Associate are dedicated to defending the rights of injury victims and their families throughout Texas, our firm is headquartered in East Texas and works to support community-related events.  We were so honored to be recognized in 2015 with the Business of the Year Community Impact Award of East Texas. This award is given to a business who excels in giving back to the community through volunteer hours and donations.  Mike Love and staff continue to share their time, talents and dollars with our community.         The July 4th Fireworks at Ellen Trout Lake were about to be canceled when the city had budget issues. Mike Love took over the setup and cost for the fireworks show and it continues to grow every year. Volunteers begin setting up the display at 5:30 a.m. for the show that starts at dusk. Attorneys Sam Johnson and Dakota Fandry cook and serve lunch to the first responders who help the day run smoothly.       It's a day filled with fun activities at the zoo and local entertainment as thousands of folks from all over East Texas share the day with family and friends.

2020 Update

The "Big Show" was cancelled this year due to COVID-19, however Mike love is stepping up by committing to give away $100 worth of fireworks to 100 families. Learn more here for a chance to win your share of our $10,000  fireworks giveaway!

Are Trucking Companies Required to Compensate Families of Fatal Accidents?

Large commercial trucks are a vital part of the economy in the United States and here in Texas. There are hundreds of thousands of these vehicles on the roadways. However, due to their size and weight, large trucks can present major hazards to those in traditional passenger vehicles. It is not uncommon for an accident involving a large truck to result in serious injuries or fatalities. For families that have lost a loved one in a trucking accident in Texas, they need to know whether or not trucking companies are required to provide compensation for their loss.

Texas wrongful death claims and truck accidents

Wrongful death claims in Texas make it possible for family members of those killed due to the careless or negligent actions of another person, company, or entity to recover compensation for their loss. In order for family members to successfully recover compensation from a trucking company after the death of a loved one, it will need to be shown that the trucking company’s negligence led to the death. There are various ways in which a trucking company could be held accountable for a person’s death in the aftermath of an accident.

• Driver negligence. If the careless or negligent actions of a truck driver caused the fatal accident, the trucking company may be held liable (this is called “vicarious liability”). Trucking companies are responsible for the actions of those they employ. A truck driver or company could be held liable if the driver failed to follow traffic laws, disobeyed federal hours of service requirements, or drove while impaired or distracted.
• Maintenance failure. All truck owners and operators are required to regularly inspect and maintain their vehicles. If they fail to do so, part of the truck could fail and lead to a serious accident on the roadway.
• Hiring and training practices. Truck owners and operators must practice appropriate hiring practices. They should ensure that every driver has their commercial driver’s license and that they are properly trained on each vehicle they are asked to operate.
• Weight requirements. Depending on the type of truck, there are various maximum weight loads the vehicle may carry. Overloading a truck is dangerous, but there are times when drivers or companies do so to carry extra cargo and make extra profit. This is illegal and can lead to serious and fatal accidents.

What type of compensation is available in these cases?

There are various types of compensation available to family members of those killed due to the negligent actions of another person. This can include both economic and non-economic damages, such as the following:

• Lost earning capacity
• Funeral and burial expenses
• Emotional and mental anguish, pain, and suffering
• Lost companionship, love, comfort, and society the deceased would have provided
• Lost care, services, support, maintenance, and counsel that the deceased would have provided to their surviving family members
• Lost inheritance, including what the deceased would likely have saved to be left to family members if they had lived a normal life expectancy

Family members of victims of those killed in a Texas truck accident are required to file a lawsuit within two years from the date the person died if they want to receive compensation. If you have lost a loved one in a truck accident, you should speak to a qualified attorney about your case as soon as possible in order to ensure you receive maximum compensation.

Do Dat Bar-B-Q

The Do Dat Bar-B-Q cook-off is held in historic Nacogdoches, Texas.  This cook-off had been canceled after many years and then in 2018 a small  group of volunteers decided to bring it back and rise from the ashes. Mike Love and Associates were one of the first sponsors to say yes and helped by becoming the media sponsor.As with most of the community events that we sponsor we also have employees that volunteer their time.  Attorney Sam Johson helps with tagging the meat as it is brought in and other employees helped work the gate. Proceeds from this fun event go the United Way of Nacogdoches County. 

Leadership Tomorrow

Leadership Tomorrow was developed for high school juniors and is hosted by the Lufkin Angelina Chamber of commerce. The program mirrors the Leadership Lufkin program. Students in the program have the opportunity to learn about Angelina County firsthand, to explore opportunities that exist for their futures in this area, and to give back to the community through community volunteer service.  Attorney Dakota Fandry has been in charge of the Law and Justice day for the last 2 years. He creates the schedule, coordinates the speakers and then spends the day with the students serving as their tour guide.  Lunch is provided by Mike Love and Associates for the students and their leader.