Navigating the Claim Process in a Drunk Driving Accident in Texas

Even though driving while intoxicated is illegal in all 50 states, including Texas, drunk driving accidents are still occurring with alarming frequency. In 2021, 25,000 drunk driving accidents in Texas were reported. Some of these accidents resulted in significant injuries. 

If you’re injured in a vehicle accident with an impaired driver, you may believe it’s relatively easy to file a claim for your damages. However, Texas laws can be complex even when it’s clear you’re not responsible for the accident.

Filing a Claim Against a Drunk Driver

The Texas Department of Transportation (TDOT) defines drunk driving as operating a motor vehicle with a blood alcohol concentration (BAC) of at least 0.08. 

To put this into context, this is basically the equivalent of two beers. Yes, you can be considered legally over the limit after drinking only a couple of beers. Since this is something people often do after a long day at work, more drivers than you realize maybe buzzed behind the wheel.

Did you know that even if a drunk driver is found guilty in criminal court, it doesn’t automatically mean you’re going to be successful with your personal injury claim. Remember, your claim is against the at-fault driver and their insurance company. 

You only move on to civil court when you can’t reach a compensation agreement with the insurance adjuster. Since the insurance company is concerned about their bottom line, they will fight to reduce your compensation.

In other words, the insurance company really doesn’t care if their client was intoxicated at the time of the accident. They are only concerned about limiting your payout as much as possible.

However, there are a few steps you can take to help support your personal injury claim. Even if you can’t settle with the insurance company, what you do immediately following the accident can help support your claim if it ends up as a lawsuit in civil court.

Document Everything

The responding authorities will check a suspected drunk driver’s BAC level, usually by administering a breathalyzer test. The driver exhales into a small mouthpiece attached to a handheld device which analyzes the amount of alcohol in the system.

While this information is usually included in your accident report, you can pick up a copy within ten business days, it’s still a good idea to jot down some additional information. You never know what can help support your claim.

Write down if the at-fault driver’s eyes are red or glassy. If you’re close enough to the other driver, try to catch a whiff of their breath. Don’t walk up to the other driver and ask them to breathe in your face. Emotions are typically running high after an accident, and alcohol can cause aggressive behavior. The last thing you want after being involved in an accident is to get into a scuffle with the other driver.

For your safety, it’s best to keep your distance. However, you may be able to catch a scent from the other driver’s breath when you go over the accident with the responding authorities.

You should also jot some notes about the other driver’s behavior behind the wheel. For example, was the other driver speeding or driving ridiculously slow? Were they weaving in and out of lanes or driving along the center dividing line? Did the other driver run a red light or stop sign? If the other driver was going the wrong way, make a note of this.

When it comes to filing a personal injury claim, you can never have too much supporting evidence even when the other driver is drunk. Remember, criminal and civil cases are entirely separate. A driver can be found guilty in criminal court and still not be found responsible in civil court.

Proving Negligence in a Drunk Driving Accident Claim

You can’t just randomly file a personal injury lawsuit. You must be able to prove the four elements of negligence. Unfortunately, this usually means showing that the other driver was intoxicated at the time of the accident may not be enough. So, what are the four elements of negligence?

Duty of Care

Everyone owes someone a duty of care, and this means behaving in a manner that doesn’t place others at risk. For drivers, their duty of care is to other motorists. This means following all traffic laws, including refraining from driving while intoxicated.

Breach of Duty

A breach of duty occurs when an individual acts in a manner that disregards the safety of others. Having a few drinks and deciding to drive is an example of a breach of duty. Breach of duty can also refer to an individual acting in a manner you wouldn’t expect from a reasonable person. 

Even though everyone’s definition of a reasonable person can vary. Pretty much everyone agrees a reasonable person wouldn’t drive if they’re drunk.

Causation

Proving causation in a DUI personal injury claim is relatively easy in most cases. You’re simply proving the accident probably wouldn’t have occurred if the other driver wasn’t drunk. However, sometimes, even causation can be tricky. Texas follows modified comparative negligence rules, and this means you may also be assigned some of the blame for the DUI accident.

For example, if you roll through a stop sign and are hit by a drunk driver in the intersection, you may also be partially responsible for the accident. In other words, your behavior is also a cause of the vehicle collision. If you’re assigned some of the blame, you may still be eligible to receive compensation. Your award amount is simply reduced by your percentage of the blame.

Damages

The fourth element of negligence is your damages. These include your injuries and property damage. You must prove the accident is directly responsible for your damages.

Don’t Navigate the Legal System Alone

Drunk driving accidents can be scary experiences, and this is even before you start dealing with the legal system. Since Texas has complex laws regarding personal injury claims, it’s usually best to work with an experienced DUI attorney. 

Your attorney can help ensure you receive fair compensation, even if you’re partially at fault for the accident, guiding you through the legal process and protecting your rights every step of the way.