Do You Have a Case If You Were Hit by a Drunk Driver in Texas?

Unfortunately, for years, drunk driving has remained one of the leading causes of accidents in the United States, Texas included. If you get hit by a drunk driver in Texas, you might wonder if you have a case and what your legal options are. The good news is that many Texas drunk driving victims are able to get justice through our civil justice system.

This blog discusses everything you need to know about having a case after getting hit by a drunk driver. At Terry Bryant Accident & Injury Law, our attorneys can provide more information and guidance during the initial consultation.

We can also help you evaluate the strengths and weaknesses of your case, estimate how much you can receive as compensation, and explain your rights and obligations. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.

Why Retain Our Drunk Driving Accident Lawyers to Represent You in a Drunk Driving Accident Case?

Our drunk driving accident attorneys have spent decades fighting for drunk driving accident victims and their families. We know how devastating accidents and their aftermaths are, and we leave no stone unturned in fighting for justice. We have a successful track record and have recovered significant amounts in settlements and verdicts.

When you hire us, we will carefully evaluate your case, conduct investigations, and gather evidence to prove the drunk driver’s liability. We serve cities across Texas, so we can represent you irrespective of where the accident occurred. Also, we represent clients on a contingency fee basis, so you don’t have to worry about paying us unless and until you win your case.

We care about what you’re going through and have access to experts who can help you prove the drunk driver’s negligence and hold them accountable for their actions.

What It Means to Have a Case After a Drunk Driving Accident

As mentioned, you might have a case after a drunk driver hits you in Texas. However, to have a valid case, you must prove that the driver was negligent in drinking and driving. Under personal injury laws, you must establish the following elements to have a case against a drunk driver:

Duty of Care

Every driver owes other road users a duty to drive carefully, obey traffic rules, and not drive while impaired. The standard of care is what another “reasonable” driver would do in the same circumstances.

Breach of the Duty of Care

Drivers breach the duty of care when they drive under the influence. Under Texas law, drivers who are 21 years and above must keep their blood alcohol concentration (BAC) below 0.08%, while those below 21 years must not have any alcohol in their system. Commercial vehicle drivers, like truckers, must keep their BAC below 0.04%. Any driver who has a BAC above the limit for the class they fall under is legally intoxicated and has breached the duty of care not to engage in an act that can harm other road users.

Causation

The other element to prove in a drunk driver case in Texas is causation. This involves showing that driving drunk was the direct or proximate cause of the accident. Alcohol inhibits the senses, slowing reaction times and making it harder for drivers to control their vehicles, especially trucks. You must show how a combination of all these effects caused the accident.

Damages

Finally, to have a valid case, you must show that you suffered damages because of the accident caused by the drunk driver. Damages refer to your injuries and financial losses. You must have suffered actual harm to receive compensation, and it typically covers medical bills, lost wages, property damage, loss of earning capacity, and pain and suffering.

Once we ascertain that you have a valid claim, we will commence the claims process and advise you on what not to do so you don’t jeopardize your case. 

What Are Your Legal Options If You Have a Case After Getting Hit by a Drunk Driver in Texas?

After a drunk-driving accident, you have two options. The first is to file an insurance claim with the drunk driver’s insurance company. Usually, we will send a demand letter on your behalf stating the case facts and asking them to pay compensation. If they agree to pay, the case will conclude, and there will be no need to move to the second option.

However, if the insurance company denies the claim, insists on not paying the amount asked, and makes no fair offer, we will determine the right time to move to the second option — filing a personal injury lawsuit. Typically under Texas law, a personal lawsuit must commence within two years of the accident date. (*However, always speak directly to an attorney for the exact deadlines that apply to your potential claims.) If it doesn’t, you cannot seek compensation.

Therefore, once we determine that you have a viable case against the drunk driver and other responsible parties (e.g. a dram shop), we will look to file a lawsuit to commence the process. In cases where the person hit by the drunk driver dies, we can file a wrongful death lawsuit and/or a survival action.

Do You Still Have a Case if the Drunk Driver Is Not Charged?

Yes. Drunk driving accident cases often have a criminal element, as driving under the influence is a crime. However, the drunk driver might not get charged, depending on the case’s facts. This does not invalidate your claim as it is a civil matter; you still have a case whether or not the drunk driver is charged. Similarly, if the drunk driver was arrested but not convicted in a criminal court, it does not invalidate your claim. Your personal injury claim or lawsuit can still succeed, and you’ll receive compensation for your injuries.

What If You Contributed to the Accident?

If you contributed to the accident, you might still have a claim. In such cases, the modified comparative negligence law will apply. Under the law, you can still seek compensation in a drunk driver case in Texas as long as you are less than 51% at fault. If your fault percentage exceeds 50%, you will not have a case even if the drunk driver hit you.

Our Experienced Drunk Driving Accident Attorneys Are Here for You

At Terry Bryant Accident & Injury Law, we have dedicated our careers to helping accident victims uphold their rights and get maximum compensation. Terry Bryant is known for suing drunk drivers! We will fight to ensure that the drunk driver’s insurance company does not undervalue or deny your claim unjustly. Our attorneys and staff will put their experience to work for you throughout our representation to get the best possible outcome. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.