Drunk Driving Accidents
San Antonio Drunk Driving Accident Attorney
A drunk driving accident is a wreck or crash that involves an at-fault driver who is impaired by alcohol. These accidents often result in the drunk driver being charged with driving under the influence (DUI) or driving while intoxicated (DWI). In San Antonio and all over Texas, a DUI can be issued to vehicle operators under the age of 21 who have any detectable amount of alcohol in their system. A DWI in Texas is issued only to drivers over 21 years of age who have a blood alcohol concentration above 0.08%.
The fact that a driver was drunk at the time of an accident does not automatically prove that they were at fault, however, in many cases, where the at-fault party is charged with drunk driving, liability (fault) may be easier to prove. If you have been in a collision with a drunk driver, you should seek immediate medical attention and file a police report. The police will investigate, try to determine fault, and if they suspect the other driver of being drunk, they will take appropriate action.
You may even have a right to compensation if you were the passenger of a drunk driver.
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The Responsibility of Bars and Clubs in Drunk Driving Accidents
The San Antonio drunk driving accident attorneys at Eric Ramos Law, PLLC handle cases against drunk drivers, bars, clubs and other establishments that serve alcohol. This is because many vehicle accidents involve what is called “dram-shop liability.” This stems from drunk driving laws in Texas that impose a legal duty on bars, clubs, and others who serve alcohol to use reasonable care to not serve someone who is obviously drunk. Serving those who are obviously drunk can lead to the bar/club being partially responsible for the drunk driving accident. A key factor in these cases is reconstructing the entire night of the accident to determine where the driver got drunk, how he/he got drunk, who served him/her, and whether the driving was exhibiting signs of intoxication while being served.
Punitive Damages in Texas DWI Cases
Texas law allows for additional compensation in many drunk-driving car accidents. Punitive damages are meant to punish the drunk driver for their seriously careless and dangerous conduct. These damages are sought in addition to the other types of compensation typically sought in car accidents.
Civil vs. Criminal Implications
In many DWI accidents, the victims ask what will legally happen to the drunk driver. It’s important to note that your drunk driving lawsuit is a civil suit which means that it involves no criminal implications or punishment for the other driver. The State of Texas and local law enforcement are the ones who pursue DWI charges and your lawsuit will not put the other driver at a greater risk of jail time.
Texas Drunk Driving Accident Statistics
– In 2015, there were 25,479 alcohol-related accidents in Texas.
– These accidents resulted in 15,687 people being injured
– This equates to one drunk driving accident nearly every 20 minutes
– The number of fatal DWI accidents in 2015 was 1,323
– Almost a quarter of all fatal drunk driving accidents happened between the hours of 1:00 am and 3:00 am
Get Advice from a Drunk Driving Accident Attorney
If you or a loved one have been injured in a DUI/DWI accident, call a drunk driving accident lawyer at Eric Ramos Law, PLLC at (210) 404-4878. Texas laws provide a limited time to file a drunk driving lawsuit, so it is critical that you act now. Let us get to work investigating your case and preserving evidence before it’s too late.