What Constitutes a Drunk Driving Accident?
- December 26, 2018
- Car Accidents
Drunk driving accidents in Texas are far more common than they should be. In 2015, The Lone Star State saw 1,446 drunk driving accidents. Driving under the influence of alcohol can result not merely in a fine or a license revocation — you can also cause serious, catastrophic injuries that can change your life or the lives of other people forever.
Drunk Driving Defined in Texas
In Texas, it is against the law for anyone under 21 to have any amount of alcohol in their system. Commercial truck drivers may not have more than .04% BAC, and civilian drivers over 21 may not have more than .0.8% BAC. If you are over these amounts, you are driving negligently and can be arrested for driving under the influence (DUI).
DWI and regular driving accidents are similar, as they both may involve injuries, the assignment of liability and negligence, and negotiations with various insurance companies to reach a settlement. But when you introduce DUI into the case, things get more serious.
If you cause a drunk driving accident and are found to be at .08% or higher with a breathalyzer or blood test, you are guilty of negligence. This is grounds for liability for the injuries and property damages you have caused others.
Drunk drivers who injure others also are more likely to have to pay punitive damages in their legal case. These damages are intended to punish the wrongdoer and not to compensate the injured for their damages.
Comparative Negligence in Texas
Drunk drivers are always held liable for damages and injuries in Texas. But there are cases where both drivers, even if the other was not drunk, could share liability for the accident. If the injured party also was driving negligently, he could be held partially liable, but probably not as much as the drunk driver. Texas has what is called a “comparative negligence” standard. It means that more than one parson can be held liable for negligence. The amount of compensation you are owed will depend upon the percentage of the accident that is shown to be your fault.
But Texas law does state that if one party is more than 50% responsible, they lose any right to compensation. Also note that bars can be held liable for a drunk driving accident in some situations. This is known as the Dram Shop Act. This law encourages bar owners to serve patrons responsibly and to stop serving them when they are clearly intoxicated.
If you have been in an accident with a drunk driver in Texas, be certain to reach out to Guajardo & Marks today to represent your legal rights in what can be a complex legal matter.
Were You Hurt By a Texas Drunk Driver? Call a Personal Injury Attorney Now
There are far too many drunk driving incidents in the Lone Star State. If you have been hit and injured by a drunk driver, you may have serious injuries that cause you extensive pain and suffering, as well as lost work time. The attorneys at Guajardo & Marks can help you get the compensation you deserve. Call us now for more information and a free consultation about your drunk driving accident.