DWI Accident Injuries under Texas Law

Driving while intoxicated is a serious crime under Texas law. Accidents caused by drunk drivers can cause terrific injuries to passengers as well as those traveling in any other vehicles involved.

Victims who have been injured in an automobile accident where alcohol was involved may be entitled to seek damages from the drunk driver and his insurance carrier. In addition to recovering the costs of repair to your vehicle (if your car was struck by the drunk driver), you may also be able to recover costs for medical expenses, pain and suffering, lost wages and other general trauma.

The state of Texas prohibits a person from driving an automobile if they have a blood-alcohol concentration of .08 percent or higher. if the driver is driving a commercial vehicle the blood-alcohol content can be no higher than .04 percent, and for drivers under the age of 21 even less, .02 percent.

A determination of the level of intoxication is not dependent upon how many drinks a person has had but rather simply by their blood-alcohol concentration which is determined by a number of variables such as weight and muscle mass, sex, the amount of time between drinks and many other factors.

Although the drunk driver may have made the decision to drive which ultimately led to the accident that caused the injuries you may also be able to hold responsible anyone who may have been able to stop that person from getting behind the wheel and failed to do so.

DWI laws also apply to drivers that are driving under the influence of drugs such as cocaine, marijuana, meth amphetamines, etc. A driver may become intoxicated through the use of prescription drugs as well. Texas law entitles you to sue these drivers because at the time of the crash they are considered intoxicated.

There is a two-year statute of limitations in Texas for filing claims for injuries and damages in a drunk driving accident. The drunk driver's insurance company will be assembling a defense strategy to undermine your claim from the minute the accident occurs.

Even if the driver has not been charged with a DWI offense it may be possible to establish the consumption of alcohol as a contributory factor to the accident through the testimony of eyewitnesses.

A driver convicted of an intoxication offense in an accident where a death occurs can face criminal penalties including intoxication manslaughter. Driving while intoxicated with a child passenger is also considered a felony under Texas law.

If the driver is a minor than they may be charged under Texas DUI laws. A minor may not operate a motor vehicle with any detectable amount of alcohol in their system.

Driving While Intoxicated (Accident) in Texas Law

Government Code

Driving+intoxicat*

pertaining to driving while intoxicated or under influence of narcotic drug

Penal Code

Driving+intoxicat*

pertaining to driving while intoxicated, driving while intoxicated with child passenger

Penal Code

Driving+intoxicat*

pertaining to driving while intoxicated with a child passenger

Transportation Code

Driving+intoxicat*

pertaining to drivers license and personal identification card application by person under 18 years of age

Accident In The News
Heavily Armed Gunman Shot Dead Outside Federal Courthouse In DallasNPR NEWS06/18/2019
Dallas Police Fatally Shoot Heavily Armed Gunman Outside Federal CourthouseNPR NEWS06/18/2019
Dallas Police Fatally Shoot Heavily Armed Gunman Outside Federal Courthouse BuildingNPR NEWS06/18/2019
Person shot in gunfire with officers near Texas courthouseABC NEWS US HEADLINES06/17/2019
Kansas Supreme Court strikes down cap in injury casesABC NEWS US HEADLINES06/14/2019
Hong Kong postpones extradition bill debate again after dozens injured in protestsABC NEWS: TOP STORIES06/13/2019
The Latest: Police say 11 arrested during Hong Kong protestABC NEWS WORLD HEADLINES06/13/2019
Hong Kong police say 11 protesters arrested, 22 officers injured in Wednesday demonstration against extradition lawABC NEWS WORLD HEADLINES06/13/2019
U.S. companies sued over London's deadly Grenfell Tower fireRUETERS: WORLD NEWS06/11/2019
Swedish police shoot man at Malmo central station after bomb threatRUETERS: WORLD NEWS06/10/2019
Swedish police shoot 'threatening' man at Malmo central stationRUETERS: WORLD NEWS06/10/2019
German man on trial for New Year car rampage that injured 14ABC NEWS WORLD HEADLINES06/07/2019
Bikers seek return of items seized in deadly Texas shootoutABC NEWS US HEADLINES06/06/2019
Kansas declares tornado emergency, at least 12 injuredABC NEWS: TOP STORIES05/29/2019
Kansas declares tornado emergency, at least 11 injuredABC NEWS: TOP STORIES05/28/2019
  

John Q. Lawyer

Attorney at Law

This ad space is available. If you are an attorney in the El Paso area that handles matters involving driving while intoxicated, click here for more information.

Accident-Driving While Intoxicated 00000000