What to Do After Injury in an Accident with a Drunk Driver

drunk driver injury accident

If a drunk driving accident has negatively affected your family, it is in your best interest to hire a qualified attorney. Texas is a pure negligence state, which allows you to file a civil lawsuit against the drunk driver that caused injuries to you or your loved one. If you have been injured or a family member has died in a car accident due to the negligence of a drunk driver, you can trust Tessmer Law Firm to help you file a civil lawsuit against the drunk driver, thus allowing you to obtain compensation for medical costs, loss of wages, or wrongful death.

Texas Laws That Protect You

In Texas, legal intoxication occurs when a driver has a blood or breath alcohol concentration of .08 g/dL. Additionally, a person can be convicted of driving while intoxicated if their blood alcohol content is lower than .08 g/dL, provided the driver has a loss of normal use of their mental or physical faculties due to an intoxicating substance such as alcohol or drugs. If a driver is under the age of 21, in Texas it is illegal for the driver to have any detectable amount of alcohol in their system. This is commonly referred to as a “no-drop” law. 

As well as enforcing laws related to the blood alcohol concentration, Texas enforces the Dram Shop Act. The purpose of this act is to ensure that bars do not overserve their clients. This act holds business that sell alcohol responsible for serving intoxicated people who then cause accidents. Businesses can be held liable if (1) the business sold alcohol to a person over the age of 21 who was obviously intoxicated or (2) if the business sold alcohol to a minor who then caused a dunk driving accident.  

What to Do Next

1. Meet with a qualified attorney. A qualified attorney will help file your claim based on the information provided about the accident. Negotiating a settlement is common in drunk driving cases and your attorney will take all the steps necessary to negotiate your case. If a settlement is not reached, your attorney will then represent you in court. 

2. Do not speak with the other party regarding the accident.

3. Call the police as soon as the accident occurs. It is important for an officer to come to the scene of the accident and conduct an investigation. When the officer arrives on the scene, be sure to report your suspicions that the other driver is intoxicated. 

4. Seek medical attention if necessary. If you seek medical attention, keep a thorough record of the medical bills you received, your missed wages, and your time off work. 

If you are pursuing legal advice on a case involving drunk driving, the qualified attorneys at Tessmer law firm can help. Having experience working on drunk driving incidents, you can rest knowing our attorneys have got your back. Want more information? Call 210-368-9708 today to schedule your confidential consultation.

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