In Texas, drunk driving is taken seriously by lawmakers, police, and prosecutors. Yet, despite the decades-long efforts of government agencies and non-profit organizations, drunk driving is still a major problem in Texas. Indeed, each year there are approximately 17,000 Texas DUI accidents, claiming the lives of nearly 1,000 Texans annually.
While a Texas drunk driver is subject to criminal penalties, they can also be held accountable for their actions through a Texas personal injury lawsuit. To establish that a drunk driver is responsible for an accident victim’s injuries, the accident victim must be able to prove the four elements of a Texas negligence lawsuit: duty, breach, causation, and damages.
Typically, in a lawsuit arising from a Texas drunk driving accident, the elements of duty and breach are often established through the doctrine of negligence per se. Negligence per se is, in essence, a shortcut that lawmakers allow certain accident victims to take when developing their claim. When the elements of negligence per se are met, the defendant is found to have been legally negligent. This satisfies both the duty and breach elements of a negligence claim.
To establish negligence per se, an accident victim must show that the defendant violated a criminal statute that was designed to protect people in the plaintiff’s situation. For example, lawmakers undoubtedly passed DUI legislation to curb the number of alcohol-related traffic deaths. Thus, someone injured in a DUI accident is precisely the type of person the DUI law was designed to protect. Proving negligence per se can be a significant step in obtaining full and fair compensation for an accident victim’s injuries.
Texas Man Arrested after Fatal DUI Accident
Earlier this month, one man was killed in a Texas car accident that authorities believe to have been alcohol-related. According to a local news report, the motorist was traveling southbound on Fort Worth Drive in Denton when his vehicle began to drift off the road and into a grassy ditch. The driver attempted to correct his path, but lost control of the vehicle which spun out into the ditch. The car eventually crossed into oncoming traffic, where it struck the side of another car. The occupant of that vehicle was killed in the collision.
Police responding to the scene of the accident determined that the driver of the out-of-control car was likely intoxicated, and arrested him on suspicion of DUI.
Have You Been Injured in a Texas DUI Accident?
If you or a loved one has recently been injured in a Texas DUI accident, you may be entitled to financial compensation for the injuries you have sustained. At the law firm of Carabin Shaw, we represent Texas accident victims and their families in all types of Texas personal injury cases, including drunk driving accidents. To learn more about how we can help you pursue a claim for compensation against those responsible for your injuries, call 800-862-1260 to schedule a free consultation today.
The Legal Doctrine of Negligent Entrustment in Texas Car Accident Cases, Texas Injury Lawyers Blog, December 11, 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