Houston DWI & Drunk Driver Accident Attorneys
Driving while impaired by drugs or alcohol causes accidents everyday, and those accidents can be devastating. Contact experienced Houston injury attorneys Neal Davis and Jed Silverman for help getting the compensation you and your family deserves. If we don't win, you don't pay. That's our No Fee Guarantee.
Each year, hundreds of individuals are involved in DWI and drunk driving accidents, and many of those individuals are injured or killed as a result. It's more important than ever for Houston residents to take responsibility for their actions and obey the rules of the road in order to avoid further casualties.
If convicted of a DWI (Driving While Impaired), Texas law states that penalties can range from a fine and license revocation to being charged with a felony. Deciding factors include license type, age of the driver, whether or not there were other passengers in the vehicle, and if serious injury or death occurred because of a drunk driver. Despite these measures, the criminal court system doesn't take into account helping victims & their families recover from the incident. If you or someone you love has been the injured victim of a DWI or drunk driver accident, it is strongly encouraged you contact a trusted local attorney who is familiar with drunk driving accident cases.
Our Houston DWI and drunk driving accident attorneys can help you receive the compensation you deserve for your losses.
Let us fight for what you deserve. Contact us today.
Texas DWI and Drunk Driving Statistics
Texas requires drivers 21 and older to have a blood alcohol concentration of below 0.08% while operating a motor vehicle. That percentage drops to 0.04% for drivers of commercial vehicles and any trace amount detected in a driver under 21 is cause for punishment. Here are a few statistics from MADD concerning drunk driving in Texas:
- In 2013, the state of Texas was ranked highest in the nation for fatal auto accidents caused by drivers under the influence of drugs or alcohol, with 1,337 fatalities.
- Injuries caused by drunk driving (at a BAC of 0.01% or higher) numbered 15,687 in 2015.
- Texas saw 1,446 drunk driving fatalities in 2015, which made up 40.9% of all traffic deaths across the state. This was a 8.2% increase from the previous year.
- There were over 70,000 DUI convictions in the state of Texas alone in 2015.
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Liability in Texas DWI and Drunk Driving Accidents
In most drunk driving accident cases, the driver responsible is solely liable for all injuries and other damages sustained by the victim(s) if negligence is proven. However, to provide more options for compensation attainment, Texas has enacted a Dram Shop Act for establishing liability in drunk driving accident cases.
The Dram Shop Act makes businesses that sell liquor responsible for certain drunk driving accident cases. These business, such as restaurants, bars, or clubs, can be held liable for claims if:
- The establishment sold alcohol to someone who was already very intoxicated and that person caused an accident.
- They sold alcohol to a minor who then caused a drunk driving accident.
In either of these instances, the establishment that sold alcohol is only partially responsible for awarded compensation. All responsible parties must be identified in order to receive full compensation for injuries and damages.
In the establishments' defense, however, Texas has also enacted a "Safe Harbor" defense. This means that an establishment may not ultimately be held liable for a drunk driving accident if they have met all of the following requirements:
- The establishment in question requires its employees to obtain a Texas Alcoholic Beverage Commission certification from an approved training program.
- The employer did not encourage the employee to directly violate the Dram Shop Act and sell to either minors or impaired individuals.
- The employee that sold the alcohol must have been proven to be in attendance for the TABC certification program.
Winning a DWI and Drunk Driving Accident Case
In order for a DWI and drunk driving accident case to be successful in civil court, it must be proven that the driver's intoxication was ultimately the cause of the accident and the injuries/damages that occurred as a result. A skilled personal injury attorney will help you gather evidence to support this claim through police reports, pictures taken at the scene of the accident scene, witness statements, and breathalyzer test results for the drunk driver if available.
Proving fault in a drunk driving accident case is anything but cut and dry. First, it must be proven that the driver was responsible for the accident.
Second, it must be proven that the driver was actually impaired beyond the legal limit at the time of the accident, even if the driver's BAC dropped below the legal limit by the time a breathalyzer test was given.
Hiring a Houston DWI and drunk driving accident attorney can help greatly when it comes to winning your injury claim and receiving compensation. Neal Davis and Jed Silverman have tried hundreds of cases involving intoxication. Contact the legal experts Neal Davis and Jed Silverman, top personal injury attorneys of Houston, Texas, for a free consultation to see how we can help you through this very difficult time.