Texas Drunk Driving Accident Lawyer

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Drunk Driving Accidents

People who drive drunk and cause an accident face both criminal and civil charges for their actions, in addition to any actions by the state's transportation department to revoke or limit their driving privileges. Criminal penalties can include fines, jail time, court-mandated treatment programs and incarceration, depending on the severity of the offense.

Those who were harmed by the drunk driver's acts also can sue him or her to recover for their losses. These losses can include medical bills, property damage and lost wages, among others. Those who can bring a civil action include anyone directly harmed by the driver, such as pedestrians, other motorists and passengers. If the drunk driving accident resulted in a fatality, the family and/or estate of the deceased may bring a wrongful death suit.

Actions against drunk drivers are usually negligence actions. Drivers owe a duty of care to their passengers and other motorists to operate their vehicles safely. Intoxicated drivers are held to this same standard. If a drunk driver breaches his or her duty and injures another person or damages property, the driver can be held liable for his or her actions.

Drunk Driving Accident Claims

In some cases, the victim of a drunk driving accident or his or her family may name third-parties in a lawsuit. These third-parties can include the business that sold the alcohol to the driver, such as a bar, tavern or restaurant. Many states have Dram Shop acts that allow innocent third-parties to sue alcohol vendors who provided alcohol to an intoxicated person who subsequently causes injury in a drunk driving accident. To recover under these laws, the vendor had to knowingly provide the alcohol to a visibly intoxicated person. Visible signs of intoxication can include slurred speech, difficulty walking or controlling body movements. In states without Dram Shop acts, victims may be able to sue third parties under common law negligence principles or Alcohol Beverage Control (ABC) statutes.

Other third parties that may be held liable for injuries caused by drunk drivers include:

Passengers: if the passenger of the drunk driver aided and abetted the driver in becoming intoxicated, he or she may be liable
Police officers: if the officer had an opportunity to prevent a drunk driver from driving and failed to act, he or she may be liable. This could include a situation where an officer pulled over a drunk driver, but did not arrest the driver, who later injured someone in a drunk driving accident.
Employers: in some limited situations, an employer may be held liable for the acts of an intoxicated employee. In some cases, employers have been held liable because the court reasoned the employer is in a position to control consumption and distribution of alcohol at work-related events. However, unless a company car was involved or the accident occurred on the employer's property or in furtherance of the employee's work duties, many courts have rejected employer liability for injuries caused in an employee's drunk driving accident.

Damages

The types of damages available in a civil drunk driving accident suit will vary depending on state law and the facts of the case. For example, in a dram shop action, damages for the death of a loved one are not available, but damages for loss of property, personal damage and loss of services may be.

In some cases, punitive damages may be awarded. These damages are awarded in addition to damages for actual losses. They are intended to punish the defendant and send a message to others not to engage in this type of behavior. In some states, actual malice on the part of the drunk driver must be shown before the plaintiff can seek for punitive damages. In other states, the actions of the drunk driver must have been so reckless as to show a conscious disregard for the safety of others. Punitive damage awards are normally upheld so long as the court finds they are reasonable.

Traffic Violations

Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI or DWI charges will result in fines, the revocation or suspension of your driver's license, and possible jail time. A conviction on even minor moving violations may cause your insurance company to increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced DWI DUI Defense Attorney can make all the difference in such a difficult case.

Because we have extensive experience as former prosecutors and defense attorneys, we offer a realistic evaluation of the consequences of your case and the best chance of success.

DUI and traffic charges are almost always extremely time sensitive. Please Contact Us right away with questions about the charges you face.

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Contact a Texas Drunk Driving Accident Attorney Today!

Schedule an appointment with a qualified Texas Drunk Driving Accident Lawyer at Bailey & Galyen. Offering quality legal services and representation to clients throughout Texas, including Arlington, Bedford, Dallas, Fort Worth, Grand Prairie, Irving, Plano, Weatherford, Mesquite, Houston, Clear Lake, Brownsville, Harlingen, McAllen, TX.

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