This blog was posted by Shaw-Cowart Personal Injury Attorneys in Austin, representing clients for car accident injuries, truck / 18 wheeler accidents, motorcycle accident injuries, work-related accidents, wrongful death claims and much more in Austin and the surrounding areas
Drunk driving accidents continue to devastate Texas families despite decades of public awareness campaigns and strict criminal penalties. When impaired drivers cause crashes, victims suffer injuries that range from minor to fatal. Drunk driving accidents differ from other car crashes because the at-fault driver made a conscious choice to endanger others by getting behind the wheel while intoxicated. Texas law provides multiple avenues for victims to pursue compensation after drunk driving accidents.
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Drunk driving accidents occur when alcohol or drug impairment prevents drivers from operating vehicles safely. Impairment degrades judgment, slows reaction times, reduces coordination, and causes vision problems. Even one or two drinks affect driving ability, though legal intoxication in Texas begins at 0.08% blood alcohol concentration. Drunk driving accidents often involve high speeds because impaired drivers fail to recognize hazards or respond appropriately.
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According to the Texas Department of Transportation, alcohol-related crashes kill over 1,000 Texans annually and injure thousands more. These preventable tragedies leave lasting impacts on victims and families. Understanding your legal options after a drunk driving accident helps ensure you receive fair compensation.
Establishing that the other driver was intoxicated strengthens your accident claim significantly. Several types of evidence prove impairment.
Blood alcohol test results provide direct evidence of intoxication. Law enforcement routinely requests blood draws when they suspect impaired driving caused an accident. Hospital records may also contain BAC results if the driver received emergency treatment.
Police reports document officer observations about the driver's condition. Officers note signs of impairment such as slurred speech, bloodshot eyes, unsteady balance, and alcohol odor. Field sobriety test results and any statements the driver made appear in reports.
Criminal charges and convictions create evidence for civil claims. A DWI conviction establishes that the driver was legally intoxicated. However, civil claims do not require a criminal conviction because the standard of proof is lower.
Witness testimony from bartenders, servers, other drivers, and passengers helps prove impairment. Someone who saw the driver consuming alcohol before the crash or observed impaired behavior provides valuable evidence.
Toxicology reports reveal drug impairment in addition to alcohol. Many drunk driving accidents involve combinations of alcohol with prescription medications, marijuana, or other drugs.
Texas's dram shop law allows victims of drunk driving accidents to sue bars, restaurants, and other establishments that overserved the driver. This creates an additional source of compensation beyond what the driver can pay.
The Texas Alcoholic Beverage Code prohibits serving alcohol to obviously intoxicated persons. When establishments violate this law and the patron causes an accident, the business faces civil liability. Dram shop claims often result in substantial recoveries because commercial establishments carry substantial insurance.
Proving dram shop liability requires evidence that the establishment served an obviously intoxicated person. Signs of obvious intoxication that servers should recognize may include slurred speech, difficulty walking, bloodshot eyes, and aggressive behavior. Expert witnesses can testify about server training standards and how employees should identify intoxicated patrons.
Evidence in dram shop cases comes from purchase records, surveillance video, server testimony, and witness observations. Credit card receipts showing alcohol purchases establish the customer relationship. Video footage may show the driver's condition when served.
Drunk drivers often cause high-impact collisions because impairment prevents appropriate responses to traffic conditions. The resulting injuries tend to be severe.
Traumatic brain injuries result from the violent forces in drunk driving crashes. Concussions, brain contusions, and diffuse axonal injuries cause cognitive impairment that may be permanent.
Spinal cord injuries causing paralysis occur in severe drunk driving accidents. The lifetime costs of spinal cord injury care reach into the millions of dollars.
Broken bones requiring surgical repair commonly result from drunk driving collisions. Multiple fractures may require months of treatment and rehabilitation.
Internal injuries damage organs and cause life-threatening bleeding. Emergency surgery may be necessary to repair internal damage.
Wrongful death occurs all too frequently in drunk driving accidents. Families of those killed by drunk drivers may pursue wrongful death claims for their losses.
Texas law allows drunk driving accident victims to recover comprehensive compensation. The egregious nature of drunk driving often supports larger damage awards.
Medical expenses cover all accident-related treatment. Emergency care, hospitalization, surgery, rehabilitation, and future medical needs require compensation.
Lost wages replace income lost during recovery. Permanent injuries that prevent returning to work support lost earning capacity claims.
Pain and suffering damages compensate for physical and emotional harm. Drunk driving victims often experience anger and psychological trauma beyond their physical injuries.
Punitive damages punish drunk drivers and deter similar conduct. Texas allows punitive damages when defendants acted with gross negligence. Choosing to drive while intoxicated demonstrates the conscious indifference that supports punitive awards.
The car accident attorneys at Shaw Cowart aggressively pursue drunk driving accident claims. We investigate thoroughly, identify all responsible parties, and fight for maximum compensation. If a drunk driver injured you or killed someone you love, contact Shaw Cowart today for a free consultation.
