In Texas, if someone is driving while intoxicated (DWI) and causes an accident, they could be looking at possible charges of Intoxication Assault, or at worst, Intoxication Manslaughter. Whether one be arrested for either of these charges, or even the victim of one of these crimes, it is important to hire a firm that knows not only the criminal defense aspect, but also has a strong background in personal injury litigation.
Why Both Criminal Defense and Personal Injury?
These types of charges heavily involve both legal areas. First of all, the criminal aspect of an Intoxication Assault and an Intoxication Manslaughter charge are intensely difficult. The State must prove that the individual was in-fact driving while intoxicated before the question of whether someone caused the accident can even be dealt with. Therefore, only an attorney with vast experience in dealing with DWI (Driving While Intoxicated) cases would be able to identify issues, which are many and varied:
- Were the officer’s roadside tests used to determine intoxication done correctly?
- Was the blood taken legally, and from the individual in a clean and sanitary way?
- Did the individual testing the blood use the correct tools and guidelines to test the blood?
- Are there any other issues with the driver that could be perceived as intoxication such as diabetes, low blood sugar, or a previous head injury?
- Is there anything in the past of the arresting officers or lab technicians that would call their testimony into question?
However, once a person gets past the driving while intoxicated part of the problem, then the need for an experienced personal injury litigator becomes evident. One of the most crucial points in an Intoxication Assault or Intoxication Manslaughter case is whether the defendant caused the accident to occur. A jury must decide if the actions of the defendant led to the collision that caused the injury or death. A personal injury litigator is critical at this stage because the idea of causation is one that is dealt with on a daily basis. They consider factors like:
- What were the driving conditions?
- Who had the “right of way” at the time of the accident?
- Can the accident be recreated in order to establish who clearly was responsible for what happened?
- What would be the outcome if the situation did not involve an allegation of intoxication?
- How will a jury understand these facts about how the accident happened?
By having all these questions answered, a person with either charge, would know where they truly stood and the defenses they may have. The Kuzmich Law Firm is perfectly positioned to handle these types of cases.
Sean Kilgore has been prosecuting and defending DWI cases for over 12 years. Steve Kuzmich is Board Certified in Personal Injury Trial Litigation and this has been the core of his practice for over 23 years. If you have been arrested with any of these charges, or have found yourself the victim of these crimes, call 972.434.1555.
Steve Kuzmich is a Board Certified – Personal Injury Trial Lawyer by the Texas Board of Legal Specialization. The Kuzmich Law Firms’ focus practice areas are auto and trucking accidents, wrongful death and other serious injuries, injuries caused by drunk drivers, injuries to children and the elderly, (slip and fall accidents) premises liability, and dog bite cases. For further information about personal injury litigation, contact us today at 972.434.1555.
*This article was originally published on SeanJKilgore.com; Sean Kilgore is a Criminal Defense Attorney with the Kuzmich Law Firm P.C.