Brownsville Drunk Driving Accident Lawyer

How Common Are Drunk Driving Accidents in Texas?

Across the state of Texas, drunk driving accidents are a significant cause for concern. According to the Texas Department of Transportation (TXDOT), in 2020, the state saw a total of more than 16,000 drunk driving-related car accidents, with over 500 related fatalities. Brownsville had 98 drunk driving accidents.

Unfortunately, despite the state’s efforts in holding drivers accountable, there continues to be a substantial number of drunk driving crashes. The best thing motorists can do to protect themselves from drunk drivers is to remain cognizant of their surroundings at all times and drive safely by adhering to state traffic laws.

How Does Alcohol Contribute to an Auto Accident?

Alcohol can lead to a car accident since it slows down a driver’s central nervous system. This means when drivers consume alcohol, they may experience a variety of symptoms, including blurred vision and an altered perception of reality. Additionally, drunk drivers often suffer from delayed reaction times, which can make it more likely for them to have trouble stopping in time to avoid causing a collision.

Drunk driving accidents are also often more severe than other types of motor vehicle accidents, as drunk drivers are more likely to operate their vehicles at higher rates of speed.

What Injuries Could You Experience After a Drunk Driving Accident?

Drunk driving accident victims often suffer far more severe injuries than individuals involved in rear-end collisions, accidents at intersections, and other minor accidents. It’s not unusual for victims of drunk driving to suffer life-changing and catastrophic injuries. Some of the most common types of injuries our clients have suffered include:

• Spinal cord injuries
• Amputation
• Paralysis
• Post-traumatic stress disorder (PTSD)
• Traumatic brain injuries
• Broken and fractured bones
• Lacerations and sepsis
• Seat belt injuries
• Organ failure
• Contusions and abrasions
• Facial injuries
• Back injuries
• Neck injuries
• Herniated discs
• Whiplash
• Road rash from vehicle ejections

Who’s Liable for Drunk Driving Accidents?

You may believe liability is cut and dry in a drunk driving accident. However, this may not always be the case. When a drunk driver is responsible for causing your injuries, you will have the right to file a claim against them. Generally, you could file a claim with their auto insurance provider or file a civil lawsuit against them. However, you might be surprised to learn there are other parties who could share the blame for your injuries as well.

Texas Dram Shops & Social Host Liability

According to the Texas Alcohol and Beverage Code, also commonly referred to as dram shop liability and social host liability laws, you might have grounds for a claim against restaurants, bars, and other establishments that serve or sell alcohol.

When these establishments sell or serve alcohol to someone who is already under the influence of drugs or alcohol, they can be held accountable for the victim’s damages when the drunk driver causes a collision.

Similarly, when a social host, such as a teen’s parents, teachers, or other guardians, serves alcohol to a minor, and that minor goes on to cause a collision while drunk driving, the host can be sued for the victim’s damages.

Additionally, you might have the right to file a third-party liability lawsuit if they were intoxicated or under the influence of drugs while performing their job responsibilities. You can rely on your drunk driving accident attorney in Brownsville to carefully evaluate the details of your case to identify all potentially liable parties so you can get the most out of your claim.

What Compensation Could You Recover?

You have the right to compensation for every loss when you are struck by a drunk driver. This should include compensation for the emotional trauma you suffered, your physical injuries, and financial losses. Examples of the various damages that could be recovered in a drunk driving accident include:

• Diminished quality of life
• Skin scarring and disfigurement
• Lost wages
• Reduced earning capacity
• Loss of household services
• The diminished value of your vehicle
• Vehicle repair costs
• Medical expenses and equipment costs
• Future medical care
• The cost of a rental car
• The cost of purchasing a new vehicle
• Physical pain and suffering
• Mental anguish

How Do You Prove the At-Fault Party’s Negligence?

To prove the drunk driver’s negligence, your personal injury attorney will need to gather valuable evidence that convinces the jury the defendant is responsible for causing your injuries. Drunk driving accidents are often easier to prove than other types of collisions, as drunk drivers are often subject to chemical blood alcohol testing.

These test results will indicate whether the driver’s blood alcohol concentration (BAC) levels were at .08% or greater. If they were, this is an indication that they were driving under the influence of drugs or alcohol.

Additionally, your attorney will obtain copies of the drunk driver’s driving history to determine whether they have prior DUI convictions on their record. Photos of the accident scene, including within the drunk driver’s vehicle, could show signs of drunk driving through open alcohol bottles or stained seats.