If you or a loved one has been injured in a crash caused by a drunk driver, it’s understandable to feel overwhelmed and unsure of what to do next. Dealing with the emotional aftermath of such a traumatic event is difficult enough, and when combined with the legal process, it can make you feel even more anxious and confused. At Deandra Grant Law, we understand how challenging this situation can be, and we are here to help guide you through the legal steps you need to take. Our goal is to give you the support and knowledge to ensure that your case moves forward in the best way possible.
Firm Accolades
In this blog, we’ll explain what you need to know about proving fault in Texas DWI injury cases. We want to provide you with the information you need to feel more confident in pursuing justice for the injuries you’ve suffered. You don’t have to go through this alone. We are here to help you navigate the legal landscape and work toward a successful outcome.
Understanding DWI and its Role in Injury Cases
Driving While Intoxicated, or DWI, is a serious offense in Texas. When someone gets behind the wheel of a car after drinking too much alcohol or using drugs, their ability to drive safely is greatly impaired. In Texas, if a driver causes an accident while under the influence of alcohol or drugs, they can be held responsible for the harm they cause. Proving that the other driver was at fault in a DWI injury case is crucial to securing compensation for your injuries and losses.
In a typical car accident case, fault is determined by assessing who was responsible for the crash. In a DWI injury case, proving that the driver was intoxicated is often a key element in establishing fault. However, it’s not just about showing that the other driver had a blood alcohol concentration (BAC) over the legal limit of 0.08%. There are various factors involved in proving fault in these types of cases, and you will need solid evidence to support your claim.
Managing Partner Partner & Criminal Division Chief Criminal Division Trial Chief Criminal Trial Division Criminal Trial Division Of Counsel
Gathering Evidence to Prove Fault
The first step in proving fault in a Texas DWI injury case is gathering the right evidence. This evidence will help show that the drunk driver was responsible for the crash and that their actions led to your injuries. Some common forms of evidence in DWI injury cases include police reports, witness statements, and any available video footage of the accident.
A police report will often contain vital information, such as whether the other driver was arrested for DWI or if field sobriety tests were conducted at the scene. This information is important because it helps establish that the driver was impaired at the time of the accident. Witness statements can also be incredibly valuable in proving fault. If there were people who saw the crash happen, their testimony can help show that the other driver was negligent or reckless.
If there is any available video footage, such as from a nearby surveillance camera or a dashcam, this can provide strong evidence to support your case. Video evidence may show the drunk driver’s actions before and during the accident, which can help prove they were at fault.
"Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service." "Deandra Grant Law fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases." "Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."
- N. Coulter
- P. Williams
- M. Haley
Proving the Driver Was Intoxicated
In most cases, proving that the driver was intoxicated is crucial in a DWI injury case. This is often done by showing that the driver’s BAC was over the legal limit, typically through blood, breath, or urine tests. These tests are usually conducted by law enforcement after an accident if there’s suspicion that the driver was under the influence.
In addition to BAC tests, police may also observe other signs of intoxication, such as slurred speech, bloodshot eyes, or erratic behavior. These observations can be used to support the claim that the driver was impaired and responsible for the crash.
If the driver was not arrested at the scene but there is still evidence of intoxication, it may still be possible to prove their fault. For instance, witness testimony or video footage showing the driver’s erratic driving behavior before the accident can help establish that their impairment led to the crash.
Dealing with Insurance Companies
After a DWI injury accident, you will likely be dealing with insurance companies to recover compensation for your injuries. Insurance companies are often quick to deny or minimize claims in an attempt to reduce their payout. In some cases, they may try to argue that the intoxicated driver wasn’t fully at fault or that your injuries weren’t as serious as they appear.
It’s important to keep in mind that insurance companies are not looking out for your best interests. They are trying to protect their bottom line. This is where having an experienced attorney on your side can make a big difference. A lawyer can help negotiate with the insurance company, ensuring that you receive a fair settlement for your injuries. They can also help protect your rights and ensure that the evidence of the other driver’s fault is properly presented.
Judge or Jury Trial? Choosing a Criminal Defense AttorneyRelated Videos
How Comparative Negligence Affects Your Case
Texas follows a rule called comparative negligence. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you. For example, if you were involved in a crash with a drunk driver but were also speeding at the time, the court may find that you were partially responsible for the accident.
However, in most DWI injury cases, the intoxicated driver is the primary person at fault. It is unlikely that you will be found entirely at fault for an accident caused by a drunk driver, but if there is any question of your own role in the crash, it’s essential to have a lawyer who can argue that the other driver’s impairment was the leading cause of the accident.
Case Results
What Compensation Can You Expect?
If you can prove that the other driver was at fault for the crash and that their intoxication played a role in causing the accident, you may be entitled to compensation for your injuries. This compensation can cover various aspects of your recovery, including medical bills, lost wages, pain and suffering, and emotional distress.
In some cases, you may also be able to seek punitive damages. These damages are intended to punish the drunk driver for their actions and deter others from driving under the influence in the future. Punitive damages are not awarded in every case, but they may be available if the driver’s actions were especially reckless or harmful.
If you’ve been injured in a DWI accident in Texas, you don’t have to face the legal process on your own. At Deandra Grant Law, we are dedicated to helping you prove fault and secure the compensation you deserve. We understand how important it is to recover from your injuries and move forward with your life. Our team has the experience and resources to investigate the accident, gather the necessary evidence, and fight for your rights.
We are committed to providing compassionate and personalized legal representation. We will work tirelessly on your behalf to ensure that you receive the best possible outcome in your case. If you’ve been hurt in a DWI accident, contact Deandra Grant Law today to schedule a consultation and learn more about how we can assist you with your case. Let us be your advocate and guide you through this challenging time.