Steps to Take After Drunk Driving Collisions to Build a Strong Case
Having a few drinks and getting behind the wheel isn’t cool. Making it home safely after a fun night of drinking also isn’t anything to brag about. Sure, we’re happy you’re home safe and sound. However, you also unnecessarily placed others at risk.
Drunk driving collisions can happen to anyone, even if you abstain from alcohol. The resulting injuries and property damage tend to be severe and fatalities in drunk driving accidents aren’t uncommon.
If you’re navigating a Texas drunk driving accident claim you probably have some questions about how to get started.
Is the Driver Legally Intoxicated?
You can’t file a drunk driving accident claim unless you can show the at-fault party is intoxicated. This means proving a little more than pointing out the driver crossed the lane dividing line.
Maybe the at-fault driver was a little sleepy and dozed off for a second or two. This may even be a case of distractedness instead of drunk driving.
So, how do you prove the other motorist was intoxicated at the time of the accident? Sometimes, it’s pretty easy and in other cases, it takes a bit of investigative work.
What can really help your accident claim is if the at-fault driver is facing criminal drunk-driving charges. This pretty much provides all the proof you need to file a drunk driving accident claim.
Keep in mind that even if the defendant is found guilty in the criminal case, it doesn’t automatically mean you’re going to win your injury claim. However, it does help a bit.
What does Texas consider legally drunk? The Texas Department of Transportation (TxDOT) defines drunk driving as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher.
The Texas Penal Code also weighs in with Title 10, Chapter 49. This defines legal intoxication a tad differently.
The code considers it a punishable offense if an individual is intoxicated to the point they’re endangering others.
So, your BAC may be below 0.08 and you can still face a criminal intoxication charge. A good rule to follow is simply not to drive after having even one alcoholic drink.
Common Signs of Driver Impairment
Texas law doesn’t give you much of a choice if you’re involved in a suspected drunk driving accident.
The Lonestar state requires motorists to report any traffic accident resulting in injuries, fatalities, and/or property damage exceeding $1,000.
You’re also legally required to immediately report all drunk driving collisions involving a suspected drunk driver. Unlike some laws with loopholes, this one isn’t an option.
Failing to immediately report an accident involving an intoxicated motorist can result in you facing fines and other penalties.
Worse, it can make it harder to recover compensation for your damages. With all of that being said, do you know the common signs of driver impairment?
- Red, glassy eyes
- Slurred speech
- Distinct smell of alcohol on the driver’s breath, clothes, and/or in the vehicle
Driving too slowly or drifting between lanes can also indicate a driver is under the influence of drugs and/or alcohol. This can also apply to speeding, driving too slowly, or running stop signs and red lights.
If you notice this driving behavior, keep your distance and alert the authorities.
Essential Steps for Proving a Drunk Driving Accident in Texas
Yes, the responding authorities typically administer a blood alcohol test at the scene of drunk driving collisions. Texas law gives drivers the right to refuse to take the test.
This satisfies your constitutional right to not incriminate yourself. However, this is only a brief delay. Usually, the district attorney (DA) steps in with a court order, and the sobriety test gets started.
The sobriety test can be either a breathalyzer, blood, or urine test. Breathalyzer tests are typically done at the accident scene, while blood and urine samples are collected at the hospital or county jail.
The test results can be used to help prove the at-fault driver was intoxicated at the time of your accident. This is a start but you’re still not ready to file a drunk driving personal injury claim.
You Must Show Negligence
Pretty much any type of personal injury claim, including ones involving drunk drivers must show negligence. An exception can be a strict liability claim but this doesn’t apply in this situation.
Proving negligence means meeting the four essential elements. Sometimes it’s pretty easy but don’t get too confident just yet. Proving negligence can also be tricky since you must demonstrate:
Duty of care
You must show the defendant owes you a duty of care. In this instance, the driver has a duty to operate their vehicle in a way that doesn’t place you or anyone else at risk.
Breach of duty
This element means showing the defendant’s actions breached their duty of care. Driving while intoxicated, which often leads to drunk driving collisions, is a clear breach of duty.
The at-fault driver is not only placing others at risk but they’re also violating state and local laws.
Causation
For the third element of negligence, you’re showing the defendant’s actions or inactions are the direct cause of your injuries. Try using the ‘but for’ scenario.
Your injuries wouldn’t have happened but for the intoxicated driver. In other words, your injuries only occurred because your vehicle was hit by an intoxicated driver.
Damages
The last element of negligence is usually the easiest to prove. You must show your damages can only be caused by the intoxicated driver’s actions.
A fun legal fact to keep in mind is Texas’s negligence per se rule. This is about the same as implied negligence in a strict liability claim.
Since the at-fault driver’s level of intoxication is the cause of your accident, negligence is often implied. This means you may only need to prove the last two elements of negligence, causation, and damages.
Recovering Compensation in Drunk Driving Collisions
For some reason, drivers continue hopping behind the wheel after a few drinks. This means you have a pretty decent chance of being involved in a drunk driving accident.
If you suffer damages due to someone else’s negligence, talk to an experienced Texas drunk driving attorney. You may be entitled to compensation.