Joe I. Zaid & Associates recovered a $250,000 settlement for a client hurt in a head-on crash with a driver cited for DWI. The at-fault driver’s insurance company settled for its insured’s policy limits before our attorneys sent a demand. Our attorneys handle drunk driving accident claims like this one for injured Texans.
A Head-On Crash and a Driver Who Tried to Leave
Around 2 a.m., the plaintiffs were driving on Highway 105. Another driver crossed into the road traveling in the opposite direction and hit them head-on.
The driver then tried to flee. Witnesses had already called the police, and they stopped him before he left. EMS took both plaintiffs to the ER, and the Beaumont Police Department cited the driver.
Our client’s injuries included a broken right shoulder, a concussion, and a laceration on the left side of the chin. Our client also had a sprained ankle, a neck injury from the seatbelt, chest pain, and severe back pain.
The Insurer Paid Policy Limits Before We Sent a Demand
Timing is what sets this result apart. Insurance companies usually respond to a demand. In this case, the insurer settled for its insured’s policy limits before we sent one.
Policy limits are the most an insurer owes under a policy. A limits settlement means the claim resolved at the top of the available coverage. The insurance company did not want to fight this claim, and our attorneys represented our client through the process and recovered the maximum settlement amount. We cannot speak to the insurer’s internal reasoning.
Why a DWI Can Change How an Insurer Views a Claim
Texas allows exemplary damages, also called punitive damages, in limited situations. Under Section 41.003 of the Texas Civil Practice and Remedies Code, the injured person must prove by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. In drunk driving cases, gross negligence is the most common basis.
No court ruled on exemplary damages here. The claim settled, and a settlement is not a court finding or an admission of fault.
Talk to Us After a Drunk Driving Crash
If a drunk driver hurt you or someone in your family, we offer free consultations. We handle injury cases on a contingency basis, so you owe no attorney fees unless we recover compensation for you. You can also see how we resolved other claims in our case results.
Past results do not guarantee future outcomes. Every case depends on its own facts and circumstances.
