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Liability When One Driver is Driving Under the Influence

 Posted on December 27, 2023 in Car Accidents

Fort Bend County personal injury lawyerWhen one driver is driving under the influence (DUI) of alcohol or drugs, it can be used by the other driver as evidence of negligence in court. Suppose the non-DUI driver can prove the other driver’s negligence is what caused the accident. In that case, that driver can recover damages to their vehicle, medical bills, lost employment wages, and more. A highly skilled personal injury attorney can cover all this with you and help you pursue compensation as needed.

Determining the Drunkenness of the Other Driver

Texas law states that a driver driving with a blood alcohol content (BAC) of 0.08 percent or higher is considered a DUI. This means that no other evidence is required in court to confirm the driver was driving while intoxicated (DWI).

When an officer arrives on the scene, if they suspect a driver was DUI, they can choose to perform a field sobriety test or require the driver to come to the police station for a sobriety test. As the non-DUI driver in the accident, you will need to obtain the police report with the results. These results can be used against the other driver or at-fault driver in a lawsuit or civil claim.

Filing a Lawsuit or Claim

Pursuing legal action against the driver and their insurance company will be stronger with a lawyer. An attorney can gather evidence and other documents to establish your claim to prove in court that you need to recoup your out-of-pocket expenses and other financial losses.

Ensure you document all medical care received and the expenses required for that medical care. Things such as:

  • Emergency room costs
  • Ambulance costs
  • Hospital stays
  • Doctors’ visits
  • Surgeries
  • Medications or medical devices required
  • Medical bills
  • Medical reports
  • Medical diagnoses
  • The receipts

Again, you will want to obtain the police report of the accident and the results of the chemical testing that proved the driver had been driving under the influence. You can go a step further and get eyewitness reports and physical evidence, such as photos or videos of the accident. All evidence you acquire will only further validate your claim.

Auto repairs, lost wages, and non-economic damages (pain and anguish, emotional complications) should also be documented in your claim. The insurance adjuster will likely need all of the documentation to determine your claim’s validity.

Contact a Fort Bend County, TX Personal Injury Attorney

When you need legal representation in a personal injury claim or lawsuit, look no further than The Hatton Law Firm PLLC. We can provide an experienced Katy, TX DWI accident lawyer or DWI defense lawyer if you are the “other driver.” Contact the firm at 713-840-6344 for a free consultation to discuss your situation.

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