Drunk Driving Accidents & Texas Law




Drunk driving is no stranger in Texas. Between 2003 and 2012, 13,138 people died in Texas because a drunk driver sat behind the wheel of the vehicle that hit them. If we look at data from 2017, we find that Texas had the highest number of fatalities due to alcohol-impaired driving—1,468 deaths. Compared to the lowest fatality rate in Columbia—16—this number is astronomical.

Going by these stats, it’s fairly common for a person in Texas to find themselves at the mercy of a drunk driver. According to the Texas Department of Transportation, a person gets injured or dies at the hands of a drunk driver in Texas every 20 minutes. Let that sink in.

Knowing drunk driving laws and your rights in the aftermath of such an incident in Texas, therefore, becomes crucial.

You Have Rights

If the wreck wasn’t your fault, you deserve recompense—legally. This applies regardless of whether or not the driver who hit you was drunk. The person who hits you—whether by deliberation or negligence—is liable to pay for all damages: your hospital bills, your injuries, any wages that you might have lost, etc.

In order to get due compensation, however, you’re required to file claims against the perpetrator. Make sure you’re reaching out to a credible and experienced lawyer in the state for this, because you will be required to prove that you were the victim. Police reports, arrest records, other evidence might be needed, and a lawyer is the only person that can help you out.

The Driver Doesn’t Need to be Arrested

Let’s say a drunk driver rear-ended you or caused you some minor injury, and was not arrested. Can you still file a claim against them? Definitely. An arrest is not required for a claim.

Understanding the Criminal and Civil Laws

Driving under the influence is illegal in Texas (and in other states), and the criminal law exists to punish the violators. However, the criminal courts will not compensate you. That’s where the civil courts—or the civil justice system—come in.

You can effectively sue the culprit for property damage, personal injury, and wrongful death with the help of a lawyer. Be sure to file claims against their lawyers because otherwise, you might never get your due money.

Remember, talking to a lawyer is of import. The insurance companies on the perpetrator’s side will try their best to dissuade you. If you’re in Richmond or Fort Bend, you can always give us at The Estes Law Firm a call at (713) 352-1338.

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