Driving under the influence of alcohol is not only a criminal offense. It can also wreak terrible consequences, such as bodily injury or even death. If you or a family member were hurt in an accident caused by a drunk driver in Texas, you have the right to seek monetary damages — not only from the driver at fault but from third parties who might have contributed to the driver’s actions. 

To succeed in a damages claim, the injured party must prove that the driver was indeed intoxicated, that their intoxication directly led to the accident, and that this accident caused the injuries. In Texas, a driver can be charged with DWI if they have a blood alcohol content (BAC) of 0.08 percent or above. For certain drivers, the BAC threshold is even lower. However, drivers can face DWI charges if they are visible impaired, regardless of their BAC. 

Texas law also allows for a lawsuit against the person or entity that provided the driver with alcohol within a short time prior to the accident. Under the Dram Shop Law, a bar, restaurant or other establishment is liable for damages if they served alcohol to a person who was "obviously intoxicated to the extent that he presented a clear danger to himself and others," and if this over-service was a direct cause of the accident. However, Texas law recognizes a "safe harbor" defense for establishments that demonstrate they followed certain guidelines, such as requiring training their employees in responsible alcohol service and not encouraging employees to violate the dram shop law. 

In a damages claim against the driver or a third party, the injured victim can recover reimbursement for past and future medical expenses related to their injuries, for lost income due to inability to work and for non-economic losses such as pain and suffering. The victim must document all medical treatments and diagnoses, keep records of lost work and develop evidence of the emotional and physical impact of the injuries inflicted. An experienced automobile accident attorney is essential in this regard.

An injured victim might also receive restitution as part of a criminal proceedings brought against the drunk driver. Restitution is money ordered by the court as part of the drunk driver's sentence. However, this amount is limited to compensating the victim for financial losses and does not cover non-economic damages, such as pain and suffering.

If a legal claim is not viable, a victim can seek compensation through their own insurance policies. Texas law mandates that all drivers carry liability insurance, but if the at-fault driver is uninsured or underinsured, the injured party may claim compensation through their own uninsured/underinsured motorist coverage. The victim might also seek benefits under their own health insurance policy.

Hope & Causey, P.C. in Conroe represents victims of drunk driving accidents throughout Montgomery County, San Antonio, Houston, and the surrounding areas. For a free initial consultation, call 936-441-4673 or contact us online today.