In Texas, drunk driving accidents claim hundreds of lives annually and injure thousands more. For more than 20 years, I, attorney Scott Templeton, have served clients throughout West and Central Texas who have been injured by impaired drivers. At Templeton Law Firm, I provide personal service and care to help victims seek just and fair compensation.
What Are Texas Drunk Driving Laws?
Texas law considers a driver legally intoxicated when their blood alcohol content reaches .08% or higher. However, drivers can face DWI charges even with lower BAC levels if their ability to operate a vehicle is impaired by alcohol or drugs.
A first-offense DWI conviction is a Class B misdemeanor, carrying penalties of up to six months in jail and fines up to $2,000. Commercial drivers face stricter standards with a BAC limit of .04%, while drivers under 21 years old can be charged with any detectable amount of alcohol in their system.
Who Can You Sue If Injured In A Drunk Driving Accident?
Drunk driving accident cases may involve multiple liable parties beyond just the impaired driver who caused your injuries. Potentially responsible parties include:
- The drunk driver: Primary liability for choosing to operate a vehicle while intoxicated
- Bars and restaurants: Under Texas dram shop laws, establishments that serve alcohol to visibly intoxicated patrons who later cause accidents
- Liquor stores: Retailers who sell alcohol to obviously intoxicated individuals
- Employers: Companies whose employees cause accidents while driving under the influence during work hours
- Social hosts: Individuals who provide alcohol to guests who subsequently drive drunk and cause harm
Identifying all liable parties helps maximize your potential compensation and holds everyone accountable for their role in your injuries.
What Damages Can You Recover In A Drunk Driving Accident Case?
Texas law allows drunk driving accident victims to pursue comprehensive compensation for their losses and suffering. Available damages include:
- Medical expenses for current and future treatment
- Lost earnings and reduced earning capacity
- Physical pain and mental anguish
- Physical impairment and disfigurement
- Property damage to your vehicle
I aggressively value damages in each case based on individual circumstances and fight for clients as a trial lawyer prepared to go to court when necessary.
Answering Frequently Asked Questions Regarding Drunk Driving Accidents
When our clients are injured in drunk driving accidents, they often have many pressing questions about their rights and legal options. As we represent you, we are here to provide clear answers and guide you through the legal process while pursuing the compensation you deserve. Some of the most common questions we hear from our clients include:
After a drunk driving accident, prioritize your safety and health by seeking medical attention, even if injuries seem minor. Call the police to report the accident and ensure an official report is filed, as this can be critical for your case. Gather evidence at the scene, such as photos, witness contact information, and details about the other driver. Finally, consult an experienced attorney to protect your rights and explore your legal options.
Can I Still Recover Compensation If I Was Partially at Fault for the Accident?
Yes, Texas follows a modified comparative negligence rule, which allows you to recover compensation as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your total recovery will be reduced by 20%. An attorney can help ensure fault is accurately assessed.
What Evidence Is Important in a Drunk Driving Accident Case?
Key evidence in a drunk driving accident case includes the police report, which may document the driver’s intoxication, and results from breathalyzer or blood tests. Witness statements, surveillance footage, and photos from the accident scene can also strengthen your case. Additionally, records from bars or establishments that served the driver may be relevant under Texas dram shop laws.
Pursuing a drunk driving accident lawsuit requires strong legal representation. Call my San Angelo office at
325-777-1625 or use my
online contact option to schedule a free consultation to discuss your claim.