You know your risk of being in a drunk driving accident goes up around some holidays. Texans are pretty used to seeing commercials warning of DUI checkpoints around New Year’s Eve but this isn’t the only time drivers get behind the wheel drunk.
If you’re injured in a collision involving a drunk driver, you’re probably navigating a Texas DUI accident claim. If you’re familiar with the insurance claim process then you’re off to a good start. However. filing a DUI accident claim may have a few additional steps.
When is a Driver Legally Intoxicated in Texas?
If you’re following a silly rule stating you’re good to drive if you keep it to one or two drinks, you may be breaking the law. The Lonestar State has a pretty negative view of driving under the influence. State law doesn’t limit intoxication to only alcohol.
You can be considered under the influence of drugs, prescription medication, and/or alcohol. Yep, some medications shouldn’t be combined with driving. If you’re pulled over or worse, get into an accident, you could face DUI charges.
You’re considered legally drunk if your blood alcohol content (BAC) is .08% or higher. There really isn’t any way to measure intoxication from drugs or alcohol. However, a blood or urine test may be ordered and charges may be filed from there.
So, this brings us back to how much alcohol you can consume before you’re legally intoxicated. There isn’t an easy answer. Alcohol content varies depending on the type of drink. Everyone processes alcohol differently and this impacts BAC readings. The best advice is to never get behind the wheel after having one drink.
Who Can Be Liable in a DUI Accident?
DUI accident claims can be complicated. The driver isn’t always the only responsible party. Sure, the driver is definitely at fault. After all, they’re the ones who got behind the wheel after drinking. Their decision to drive automatically makes them liable for your damages. However, your personal injury claim may be expanded to list other negligent parties.
The intoxicated driver’s employer. Sometimes, accident victims can file claims against a driver’s employer. If the employer knew the employee was drunk before climbing in a company vehicle, you may be able to name them in your accident claim. This may also apply if the employer gave the employee alcohol and let them drive a personal vehicle.
The store, restaurant, or bar that sold the alcohol. Texas has a funny little law that can benefit your DUI claim. Known as the Texas Dram Shop Act, the law lets accident victims file claims against the individual or entity who sold the at-fault driver alcohol.
However, you can’t file a third-party lawsuit if you can’t prove the seller knew the driver was intoxicated when they purchased the alcohol. In other words, you can’t sue someone for doing their job. Negligence must be a factor. In this case, negligence applies if the seller knew the driver was drunk and still let them buy alcohol.
You can also file a third-party claim against a host who lets guests leave after having a few too many to drink. This usually applies when minors are served alcohol. If a minor is intoxicated and causes an accident, the party host can be added to the personal injury claim. There can be an exception to this rule. The minor must be a non-relative of the party host. Relatives are allowed to give minors alcohol on private property in Texas.
Common Recoverable Damages in a Texas DUI Accident Claim
Even though every DUI accident is different, the types of damages tend to stay the same. Your claim can include a mix of economic and non-economic losses. Some common examples typically include:
- Past and future medical expenses
- Lost wages and diminished future income
- Lost income from being unable to work
- Pain and suffering
- Scarring and disfigurement
- Emotional distress and anguish
- Physical Impairment
- Loss of consortium and enjoyment of life
Since drunk driving accidents often meet guidelines for proving gross negligence. This is when someone’s actions are knowingly or willfully malicious or reckless, you may qualify for punitive damages. You can’t claim punitive damages, these are only awarded by a judge or jury. You also can’t specify an amount, it’s completely up to the court how much you receive in exemplary damages.
You may be awarded punitive damages as a way for the court to punish the at-fault driver and discourage others from engaging in the same reckless behavior. Since this award is intended as a form of punishment, amounts tend to be high. However, don’t get your hopes up for a million-dollar punitive damage award. Texas caps the amount at $750,000 or twice the value of your economic damages, whichever comes first.
Proving Negligence in a DUI Accident Claim
An essential part of just about any type of personal injury claim is proving negligence. If you can’t show negligence, your accident claim isn’t going to go very far. Usually, proving negligence means meeting four essential elements. However, things are a little different in Texas DUI car collision claims.
You don’t need to show the other driver owes you a duty of care, it’s the first element of negligence. You can also skip over the second element, breach of duty. These two elements are established the second the other driver decides to hop behind the wheel after drinking.
All you and your Texas DUI accident attorney need to prove are the last two elements of negligence, causation, and damages. Causation means showing the decision to drive drunk is the direct reason for the accident. The final element refers to your damages. You only need to show your damages can only be caused by the DUI accident.
Don’t File a Texas DUI Claim Alone
DUI accident claims may seem pretty cut-and-dry. You know who’s responsible for causing the accident. You can even show the other driver was intoxicated at the time of the collision.
However this doesn’t necessarily mean you’re not going to run into challenges with your DUI accident claim. Working with a Texas DUI accident attorney can help smooth out the legal process. They can help you can recover fair compensation.
