Everyone assumes the drunk driver is automatically at fault. Usually that’s true—but proving it requires more than assumptions. At The Texas Law Dog, we know exactly what evidence Texas courts demand to hold drunk drivers fully accountable.
When a drunk driver hits you in Red Oak, you need more than anger and outrage. You need documentation that meets the legal burden of proof for both liability and damages, leaving no room for the insurance company to wriggle out of paying what you deserve. Our drunk driving accident lawyers in Red Oak are ready to build your case.
If you need a car accident lawyer in Red Oak who understands how to get you the most money possible, call us immediately to schedule a free consultation with our team.
Legal Standards That Apply to Red Oak Drunk Driving Cases
Texas uses a negligence per se standard for drunk driving accidents, which changes how you prove the driver was at fault. Under normal negligence law, you’d need to show the driver breached their duty of care by acting unreasonably. But when someone violates Texas’s DUI law, that violation automatically establishes breach of duty.
This means if the police arrested the drunk driver or if you can prove they were over the 0.08 blood alcohol concentration (BAC) limit, you’ve already satisfied a major element of your injury claim without needing to argue about reasonable driving behavior.
Working with a personal injury lawyer in Red Oak who understands negligence per se helps you leverage this legal advantage from the start. However, negligence per se only covers the breach element—you still need to prove causation and damages.
What Does That Mean?
Just because the drunk driver was legally intoxicated doesn’t automatically mean their intoxication caused the crash. If they were drunk but you ran a red light, the insurance company will argue their client’s drinking wasn’t the cause of your injuries. You need evidence that links the driver’s impairment directly to the collision mechanics.
The burden of proof in civil drunk driving cases requires you to show liability by a preponderance of the evidence, which means more likely than not. This is a much lower standard than the beyond-a-reasonable-doubt requirement in criminal DUI prosecutions.
You can win your injury case even if the drunk driver was acquitted in criminal court, because you only need to prove it’s 51 percent likely they were impaired and that impairment caused the crash. This difference explains why civil drunk driving cases often succeed even when criminal charges get dismissed or reduced.
Proving Intoxication When Blood Alcohol Results Aren’t Available
Not every drunk driver gets a breathalyzer or blood test. Without scientific BAC results, you need to rely on circumstantial evidence that proves intoxication through the driver’s behavior and physical condition.
Texas courts recognize that trained police officers can identify drunk drivers through standardized field sobriety tests and observable symptoms of intoxication, making officer testimony powerful evidence even without blood alcohol numbers.
Evidence we could use to prove intoxication without BAC results includes:
- Observable impairment signs like bloodshot eyes, slurred speech, unsteady gait, or alcohol odor.
- Failed field sobriety tests administered by officers trained in standardized DUI detection, including the walk-and-turn, one-leg stand, or horizontal gaze nystagmus tests.
- Witness testimony from people who saw the drunk driver at bars or restaurants before the crash, describing their drinking and visible intoxication level.
- Erratic driving behavior before the collision, such as weaving between lanes, varying speed dramatically, or making illegal turns.
- Statements the drunk driver made at the scene admitting they had been drinking or were coming from establishments that serve alcohol.
Much of this evidence will come from the police officer’s report of the crash. If you suspect the other driver was intoxicated, always call the police to give a report. Then seek medical care, and contact our Red Oak drunk driving accident lawyers.
Red Oak Drunk Driver Car Accident Lawyer Near Me (817) 775-5364
How Courts Evaluate Damages in Drunk Driving Claims
Economic damages like medical bills and lost wages need documentation that ties each expense directly to the drunk driving crash. Non-economic damages for pain, suffering, and diminished quality of life require evidence that humanizes your injuries beyond medical charts. Texas courts allow you to describe how the drunk driver’s actions affected your daily life, relationships, hobbies, and emotional well-being.
Testimony from family members about personality changes, lost activities, and ongoing struggles creates a complete picture of your losses. Photos and videos showing your recovery process, physical limitations, and inability to enjoy activities you loved before the crash help juries understand the full scope of what you’ve endured.
Punitive Damages
Punitive damages in Texas drunk driving cases require proving the driver acted with gross negligence, which is a higher standard than ordinary negligence. You need clear and convincing evidence—a tougher burden than preponderance of the evidence—that the drunk driver consciously disregarded the risks.
Evidence that supports punitive damages includes extremely high BAC levels, like twice the legal limit, prior DUI convictions showing the driver knew the dangers, or aggravating factors like drunk driving with children in the vehicle or in a school zone.
Why Hire Our Drunk Driver Accident Attorneys in Red Oak
Matt Aulsbrook understands what evidence satisfies each burden of proof. His background in the insurance industry showed him how adjusters look for weaknesses in legal arguments and documentation gaps they can exploit. We build cases that anticipate these challenges and provide evidence that meets or exceeds every legal requirement Texas courts impose.
Before becoming an attorney, he owned and operated insurance agencies in Fort Worth and Dallas, giving him insight into how companies evaluate legal exposure and decide when to settle versus fight.
Our team will meet you wherever is convenient if your injuries make traveling difficult. The earlier we get involved, the better we can gather evidence. We’ll work with the criminal prosecution to obtain police reports and test results, interview witnesses while their memories are fresh, and document your injuries in ways that prove every element of your claim. We work on a contingency-fee basis, so we can get started on your case without any upfront payment.
Contact Us to Build Your Legal Case
Understanding what Texas courts require you to prove—and how to prove it—makes the difference between a weak claim the insurance company dismisses and a strong case that forces them to pay what you deserve. Our team bites back against adjusters who try to give you less than you’re owed.
Contact The Texas Law Dog now for your free consultation with our drunk driver accident attorneys in Red Oak. You’ll learn your legal options and how we can help you get the compensation you deserve.
