Drunk driving can have tragic consequences, causing thousands of deaths every year. Even the smallest amount of alcohol can affect a motorist’s reflexes and judgment. Although most people know that drunk driving is dangerous, many drivers do it every day.
Those who survive drunk driving car wrecks typically face lifelong effects, such as brain damage, paralysis, or spine injuries. Fortunately, these people could be entitled to legal compensation from the party who caused their injuries. Many drunk drivers even face criminal consequences.
Dealing with the effects of a drunk driving vehicle collision can be difficult, but it is important to take legal action immediately. When you or a loved one gets hurt in a drunk driving car accident in Colleyville, a capable attorney could help bring a lawsuit against the at-fault driver. Call our experienced auto crash lawyers today to begin your case.
Drunk Driving Laws in Colleyville
Understanding applicable laws and penalties for drunk driving is crucial when pursuing a legal claim for injuries. Across the country, it is against the law to drive with a BAC of .08 g/dL or higher. That includes Texas, where a person is considered by law to be intoxicated if they have a blood alcohol concentration (BAC) of .08 g/dL.
When a motorist is under the age of 21, the “no-drop” law forbids any detectable amount of alcohol in the underage driver’s system while behind the wheel. Additionally, under the local “implied consent” law, every motorist gives consent by default to law enforcement to test their BAC level when an officer has reason to believe the person is under the influence. If they refuse, the driver could face penalties depending on their DWI history.
In 2022, the Texas legislature passed “Bentley’s Law,” which requires drunk drivers to pay child support to children whose parents were victims of their carelessness. The drunk driver must begin making these payments a year after they get out of prison until the decedent’s children turn 18.
The amount of child support varies by state, and the court considers several factors. When the driver is not criminally convicted, the injured person can file an insurance claim or personal injury lawsuit seeking justice. Regardless of the circumstances of a drunk driving car wreck, hiring a skilled lawyer in Colleyville could collect relevant evidence and present it in court.
For a free legal consultation, call (817) 775-5364
Drunk Driving Car Crash Claims
Car accidents caused by drunk driving are similar to other kinds of car accidents, but there are significant differences. First, driving while intoxicated constitutes negligence per se, which means that not all the factors of negligence have to be present. Instead, only causation and harm must be present.
Second, anyone injured in a drunk driving vehicle accident is more likely to receive punitive damages than one where alcohol was not present. Punitive damages punish the defendant and discourage others from repeating their behavior; however, these damages only apply if the at-fault party acted intentionally or with gross negligence. Typically, driving under the influence constitutes gross negligence.
Modified Comparative Negligence
Sometimes, both drivers are liable for the accident because Texas follows a modified comparative fault model, meaning the plaintiff’s total damages are affected by their percentage of fault. When the court determines the plaintiff is more than 50% at fault for the auto wreck, they cannot recover damages. Damages can be economic or non-economic and cover costs like pain and suffering, medical bills, or damaged property.
A Colleyville lawyer who knows the importance of proving liability for drunk driving vehicle collisions could fight for a favorable case outcome on an injured person’s behalf.
Colleyville Drunk Driver Car Accident Lawyer Near Me (817) 775-5364
Hire an Attorney in Colleyville After a Drunk Driving Car Accident
When you are affected by a drunk driver’s carelessness, you could seek compensation through legal action. There is no reason to handle your case alone. Confronting insurance companies, collecting evidence, and keeping track of deadlines is overwhelming, so call our talented and diligent lawyers today to discuss your drunk driving car accident in Colleyville.
Call (817) 775-5364 or complete a Free Case Evaluation form
