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Drunk Driving Accidents and Personal Injury Claims

Accidents involving drunk drivers are a very serious issue in Texas, as nearly 1,500 drunk driving fatalities were recorded in the state in 2015. Texas’ massive highway system means there is always activity on the roads, and the potential for accidents drastically increases when impaired drivers are added to the mix.

Accident Fault

Accident injury claims in Texas revolve around proving liability. Although the state uses comparative negligence in adjudicating drunk driving accidents, drunk drivers in multi-car accidents are typically found at fault.

The level of negligence assigned to a drunk driver will directly impact the injured claimant’s eligibility to receive damages. An injured driver who has a comparative negligence rating of 51% or greater is denied any recovery amount for the claim, but passengers in all vehicles and the driver found less than 50% at fault for the accident could recover damages.

Potential Damages

Someone can pursue a variety of damages after a Texas auto accident.

After an accident, some of the possible recovery damages include:

  • medical bills;

  • lost wages (when conditions apply);

  • general damages for pain-and-suffering;

  • medical assistance after an accident (therapy and checkups).

For those who are seriously injured by a drunk driver, this could amount to a claim for long-term damages that lasts a lifetime. Additionally, cases involving fatalities could result in a family pursuing a wrongful death claim against a defendant convicted for drinking and driving.

Surprisingly, restaurants and bars that knowingly overserve drunk drivers could be liable for extended damages under dram shop laws. Therefore, recovery amounts could come from bars or restaurants as well as drivers.

Injured in a Drunk Driving Accident? Get the Right Representation

Were you injured in an accident caused by a drunk driver? Our El Paso personal injury attorneys are here to help you navigate the legal and insurance processes.

If you’re seeking compensation for injuries sustained in a drunk driving accident, contact the Law Offices of Ruben Ortiz at (915) 308-8850 for a free consultation.