Operating a vehicle while under the influence of alcohol is a crime in Texas. But even so, most drivers are not deterred by the legal actions that await them when they indulge in drunk driving. Unfortunately, it’s the innocent people that bear the brunt of this recklessness. What’s even sadder, many of these accidents are catastrophic, leading to serious bodily harm and sometimes deaths.
If you were injured in a similar accident, you may be quick to think that recovering compensation will be a smooth process. You may be wrong. Although liability may be straightforward, there is much more that goes into a car accident claim.
Our skilled Montgomery County drunk driving accident lawyers understand what a menace DUI accidents are. Because we care, and some of us have been victims too, we are dedicated to bringing you the closure and compensation you need.
Texas records a worrying trend of drunk driving accidents every year. In 2018, it was ranked second based on the number of deaths recorded. Each year, at least 886 people are killed in DUI-related crashes in Texas. Thousands of others suffer serious injuries that often cause permanent impairment. For a driver to be considered drunk, their Blood Alcohol Content (BAC) should be 0.08g/dl or higher. The Texas Department of Transportation further points out that most drunk driving accidents occur on weekends during the early hours of the morning.
Like in any other personal injury case, negligence is the basis on which you seek compensation in a drunk driving accident case. Just because the other driver was drunk doesn’t mean that they are to blame for your injuries and losses. You need to show a direct relationship between the harm you suffered and them being drunk. You need to show that:
A knowledgeable Montgomery County drunk driving accident attorney may prove negligence on your behalf. The attorneys at our firm have deep working relationships with accident reconstruction and financial experts who can help build a strong case around the facts of your accident.
Drunk drivers do not automatically assume liability simply because their BAC was above limits. But since driving under the influence impairs their judgments thus increasing the likelihood of a crash, they are often at fault. However, you may also share partial fault for your injuries.
Texas is a comparative negligence state, meaning you may still recover damages even if you are partially to blame. For example, if you were 40% at fault, you will still be compensated, but your award will be decreased by that 40%. Additionally, your percentage of fault must be 49% or below. If you are 50% or more at fault, you may be unable to recover any compensation.
When filing a drunk driving accident case, it’s important that you establish all the parties likely to be held responsible. This ensures that you get maximum compensation. In Texas, you may also sue bars, restaurants, or other alcohol-selling joints through the Dram Shop law. For example, if a bar serves alcohol to an already intoxicated person or minor, and they cause an accident, the bar owner and managers may also be sued for compensation. A Montgomery County drunk driving accident attorney can help you understand any and all laws relevant to your claim.
Establishing liability in a drunk driving accident may be difficult. A seasoned attorney may help you by incorporating experts in your case. To get your claim started as early as possible, you should retain a Montgomery County drunk driving accident lawyer to help you navigate through the complex legal process. Call Lone Star Injury Attorneys today.