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According to the Texas Department of Transportation, last year, 1,090 people lost their lives in motor vehicle crashes involving a driver under the influence of alcohol, accounting for 25.45% of all traffic fatalities in the state. These numbers reflect the devastating consequences of drunk driving and highlight the critical importance of holding negligent drivers accountable.
At Charles J. Argento, our Houston personal injury lawyer is committed to helping victims and their families pursue justice and fair compensation after these tragic accidents. Here’s how you can prove a drunk driver’s negligence in a Texas personal injury case.
Understanding Negligence in Drunk Driving Cases
To succeed in a personal injury case, you must establish that the drunk driver acted negligently, meaning they breached their duty of care to others on the road, and that breach caused your injuries. In Texas, driving under the influence of alcohol is not only illegal but is also clear evidence of negligence. However, building a strong case requires compelling evidence to prove the driver’s intoxication and responsibility for the crash.
Key Elements to Prove Drunk Driving Negligence
Proving negligence in a drunk driving case goes beyond simply showing that the driver was intoxicated. While evidence of alcohol impairment is critical, you must also establish that the driver’s actions directly caused the accident and your resulting damages.
This process requires a thorough investigation, clear documentation, and compelling evidence to support your claim.
Some of the key elements that play a vital role in building a strong case against a drunk driver in Texas include:
- Police Reports: After a drunk driving accident, police officers often file a report that includes details about the driver’s behavior, such as slurred speech, impaired motor skills, or the smell of alcohol. These reports may also include results from field sobriety tests.
- Breathalyzer or Blood Tests: These tests provide concrete evidence of the driver’s blood alcohol concentration (BAC). In Texas, a BAC of 0.08% or higher is considered legally intoxicated.
- Arrest Records: If the driver was arrested for driving under the influence (DUI), their arrest can be critical evidence in proving negligence.
Even if the driver was intoxicated, you must prove they were at fault for the crash. Evidence such as witness statements, dashcam footage, and accident reconstruction reports can demonstrate how the drunk driver caused the collision.
To recover compensation, you must show that the accident caused significant damages, including medical expenses, lost wages, property damage, and pain and suffering. Medical records, bills, and expert testimony can help establish the full extent of your injuries.
How Our Houston Drunk Driving Accident and Injury Attorney Can Help
As a trusted personal injury attorney in Houston, Charles J. Argento has decades of experience representing victims of drunk driving accidents. We understand the emotional, physical, and financial toll these accidents take, and we are dedicated to securing the maximum compensation you deserve. From collecting evidence to negotiating with insurance companies or litigating in court, we handle every aspect of your case so you can focus on healing.
Call (713)-225-5050 or contact us online to schedule a free, confidential consultation to discuss your case. Your story matters, and we’re here to help.