Any individual in Texas who operates a motor vehicle while intoxicated commits the offense of driving while intoxicated. This includes intoxication not only by alcohol, but also by illegal drugs and even prescription drugs, as long as the drugs have an intoxicating effect on the driver. If a driver is arrested for a Texas DWI, this evidence can be useful in a subsequent personal injury case against the driver.
Of course, as in any case, a plaintiff in a personal injury case must still prove each of the elements of the claim she is bringing. This means that a driver’s arrest and conviction for DWI does not necessarily result in the driver being found liable in a civil case. For example, in a Texas personal injury case, a plaintiff must prove all the elements of negligence, including that the defendant’s conduct caused the plaintiff’s injuries. This means proving both that the crash was a result of the defendant’s conduct and that the defendant’s conduct caused the plaintiff’s injuries. A defendant might argue that the plaintiff was at fault for the crash, or at least contributed to it, or that the plaintiff’s injuries were not caused by the accident, among other defenses.
NTSB Finds Driver Was Impaired by Marijuana and Prescription Drugs in Fatal Texas Crash
A driver involved in a Texas car accident that left 13 people dead was under the influence of marijuana and prescription drugs, according to the National Transportation Safety Board (NTSB). As one news source reported, the NTSB investigated the crash and recently released its findings. The NTSB found that the driver failed to control his pickup truck because he was impaired by marijuana and had misused prescription drugs.
The motorist was reported to have been driving erratically before he crashed into a church bus, killing the driver of the bus, as well 12 of the 13 passengers. The bus was transporting a group of seniors from a three-day church retreat. The truck driver tested positive for marijuana and clonazepam, a sedative used to treat seizure and panic disorders. The NTSB reported that there were marijuana cigarettes, drug paraphernalia, and over-the-counter and prescription medication found in the truck.
Evidently, the driver also told investigators that he took twice his prescribed dosage of clonazepam before the crash. The pickup truck driver was 20 years old and was charged with multiple counts of intoxication manslaughter. He pleaded no contest to the charges and is awaiting sentencing in that case.
Contact a Texas Personal Injury Attorney
If you have been a victim in a car crash involving a drunk driver, do not hesitate to call the personal injury attorneys at Carabin Shaw. The Texas personal injury attorneys at Carabin Shaw are experienced in motor vehicle accident cases and aggressively represent personal injury victims across Texas. Our goal is to serve our clients dutifully and effectively protect their rights. If you have been injured in a car accident, contact the law firm of Carabin Shaw today. We offer free consultations and only recover a fee if we successfully resolve your case. Call us toll-free at 1-800-862-1260.
Court Holds Judges Should Watch Video Evidence Before Ruling on Its Admissibility, Texas Injury Lawyers Blog, April 30, 2018
Extension to Fix Expert Report Deficiencies in Texas, Texas Injury Lawyers Blog, April 30, 2018
Court Finds State Liable for Injuries Caused by Drop-off on Road’s Edge, Texas Injury Lawyers Blog, October 19, 2018