Drunk driving is responsible for a large and growing number of car accidents resulting in catastrophic car accident injuries and fatal auto accidents in Texas.
In fact, Dallas is one of only four cities in Texas with over 1,000 alcohol-related crashes and injuries annually.
In 2022, TxDOT reported the majority of alcohol-related crashes occurred in the following four cities:
- Houston – 2,355
- San Antonio – 1,599
- Austin – 1,183
- Dallas – 1,055
Drunk drivers are responsible for the accident victims damages they caused and may face criminal charges as well as civil liability.
Drunk driving lawsuits aren’t much different than other personal injury claims against sober drivers who are breaking the law when an accident occurs.
However, drunk driving accidents are often serious car accidents that cause catastrophic injuries or wrongful death. Property damage and medical expenses are more likely to higher in drunk driving accident cases than other car accidents as well.
Additionally, because drunk driving is a criminal offense, there are additional considerations that can make this type of car accident case work a little differently.
Proving Liability May Be Easier
Proving Liability May Be EasierEvery driver owes a duty of safe driving to every other driver.
Since the danger of driving while intoxicated is well understood, an impaired driver who gets behind the wheel is failing to perform their legal duty of driving safely.
When a law is enacted for the safety of others, proof that the law was broken may establish negligent behavior as a matter of law.
Personal Injury Lawsuits Involving Drunk Drivers Are More Likely to Settle
Insurance companies and their lawyers know that juries usually don’t favor drunk drivers. Because of this, they often want to settle DUI-related personal injury cases out of court to avoid the risk of a large verdict.
As a result, injured individuals or the family members of DUI-related wrongful death victims are more likely to receive a more generous and fair settlement.
What Happens if a Drunk Driver Has No Insurance Coverage?
Before a drunk driver lawsuit is filed, an insurance claim against the driver’s insurance company must be made. Texas requires all drivers to show proof that they can pay for the accidents they cause. Yet, a driver willing to break one law may be quite willing to break another.
Texas has more than 18 million licensed drivers and the Texas Department of Motor Vehicles (TxDMV) estimates about 20% of those drivers are uninsured. There could be at least 3.6 million drivers on Texas roads that may not be able to pay for the accidents they cause.
A Business Establishment Serving Alcohol May Also Be Liable – Texas Dram Shop Laws
Known traditionally as ‘dram shop’ laws, businesses providing alcohol to people who cause a drunk driving accident, can be held liable for the damages that are caused by the intoxicated driver.
The Texas Alcoholic Beverage Code imposes liability on businesses that over-serve customers if:
- The person being served alcohol was obviously intoxicated to the point of presenting a clear danger to the self or others, and
- Serving the person alcohol was the proximate cause of the claimed damages.
Car accident victims have a better chance of holding a business liable for the actions of a drunk patron when the damages occur relatively close in time to drinking at the establishment.
The more elapsed time between drinking at the bar and the accident, the more likely an intervening event. For example, drinking at another bar or restaurant. This makes it harder to connect the drunk driver’s actions with the establishment’s overserving them.
A skilled car accident attorney such as the drunk driving accident lawyers at Wolf Law, P.C., will investigate the details of the DUI accident.
Direct Lawsuit
When there is no insurance, the only way to recover from the driver is by a direct lawsuit. However, someone who is willing to risk driving without insurance may not have many assets with which to pay a damages award.
This situation can make it frustrating for those with extensive medical bills if the at-fault party simply cannot provide the compensation they are ordered to after a case is settled.
Uninsured Motorist Coverage
Another option is for the person injured to look to their insurance company for compensation. Uninsured and underinsured motorist coverage is an optional first-party coverage in Texas. It is automatically offered to all drivers who must opt out of the coverage in writing. The limits of uninsured motorist coverage will usually match a driver’s liability limits.
One problem with trying to collect uninsured motorist coverage is that it puts the insured person in an adversarial relationship with their insurance company. To recover compensation, the claim must still be proven as though it were made against the drunk driver.
Crime Victims’ Compensation Program
The Texas Attorney General’s Crime Victims’ Compensation Program (CVCP) may offer some financial relief to the victims of crimes that cause physical or mental injury or death. The CVCP is intended to be a last resort when all other available sources for compensation have been exhausted.
Total compensation is limited to $50,000 and only covers costs directly related to the crime. There is no compensation available for general damages such as pain and suffering.
Schedule a Free Consultation with Our Law Office Today
Drunk drivers pose a serious risk to the health and safety of all who use the roadways in Texas. However, there are car accident statute of limitations that could impact your claim.
If you or a loved one has been involved in a drunk driving accident, contact the Dallas personal injury lawyers at Wolf Law, PLLC today.
At Wolf Law, PLLC, in Dallas, our personal injury attorneys have supported families through the devastation caused by drunk drivers.
Our skilled Dallas car accident lawyers are experienced in securing justice for clients whose lives were turned upside down by at-fault drivers carelessness.
If you were injured by a drunk driver, Wolf Law, PLLC can help. Schedule a free consultation today to discuss your drunk driver accident claim. Hablamos Español.