Houston Drunk Driving Accident Lawyer

Houston Drunk Driving Accident Attorney

Getting in a car accident can be one of the most overwhelming and stressful situations in your life. Things can be even more confusing and painful when it’s revealed that the driver who hit you was driving under the influence of alcohol. Drunk drivers are arguably the most dangerous drivers on the road. Their decision-making ability and reaction time are severely impaired. If you were hit by a drunk driver, speak with a Houston drunk driving accident lawyer.

What Makes a Drunk Driving Accident Different?

Any kind of car accident is likely to leave lasting trauma for the people involved, particularly for the people who were hit by the at-fault driver. When the at-fault driver is drunk, it changes things. If the at-fault driver is drunk in your case, it could result in a substantially higher settlement, as you could be entitled to additional punitive damages on top of the personal injury claim you make.

Under Texas state law, a driver is considered to be intoxicated if their blood alcohol content (BAC) is higher than 0.08%. If the driver’s BAC is higher than that, it might even be considered an aggravated DUI. If you consume any alcohol at all, you really should think twice about getting behind the wheel. Any amount of alcohol has the capability to slow down your reflexes and make it harder to control a vehicle.

Statute of Limitations

While a drunk driver who causes a car accident is likely going to be arrested and charged with a DUI or other crimes, you are still entitled to pursue a personal injury claim against them personally for the damage that they caused you.

If you choose to do this, you need to keep in mind the statute of limitations for personal injury claims in Texas, including drunk driving accident claims. You are likely going to have two years to establish solid grounds for your claim, develop a strong case, gather evidence, speak with a drunk driving accident lawyer, and file.

If you cannot file your accident claim before two years have passed, you may need to prepare for the fact that your case is going to be dismissed, and your chance to file for compensatory damages will no longer be possible. Building a strong personal injury case can take time, so you should start as soon as you can. If you are concerned that your case might not be strong enough, bring your concerns to an injury lawyer and see what they have to say.

Proving a Drunk Driving Accident Case

To prove that the at-fault driver was driving drunk when they hit your car, you should gather as much evidence as you can that proves your case. This can be easier said than done, and an experienced drunk driving accident lawyer can help you put a valid case together and gather all of the evidence you need. Putting together a strong case may take everything you’ve got.

Here are some strong ways you can build a case:

• Police Reports: It is highly likely that the at-fault driver would be arrested if they were discovered to be drunk behind the wheel after causing an accident. The initial evidence that proves drunkenness will likely come from the police who arrived at the scene and arrested the driver. The arrest record may also include field sobriety tests, breathalyzer tests, and other information that proves the driver’s BAC content.
• Witness Statements: Having a reliable witness who can recount the events that occurred during your accident can make all the difference. If somebody sees the accident, as well as the drunken behavior of the at-fault driver, it can seriously help your case. Witnesses might testify about slurred speech, erratic driving, speeding, belligerent behavior, and other signs of drunkenness that they witnessed.
• Field Sobriety Tests: The results of any field sobriety tests that may have been administered can be a big help if they prove intoxication at the time of the accident. In Texas, there are three main forms of field sobriety tests that might be administered to potential drunk drivers:
• One-Leg Stand: In this test, the suspected drunk driver stands on one leg and counts to 30 while looking down at their foot. The officer administering the test looks for swaying, hopping, putting the foot down, or raising arms, among other signs of intoxication.
• Walk and Turn: In this test, the suspected drunk driver walks in a straight line, then turns around quickly and walks back to the officer. This test is designed to see if the suspect can follow simple instructions and walk steadily in a straight line.
• Horizontal Gaze Nystagmus (HGN): In this test, the officer holds a flashlight or a pen in front of the suspected drunk driver’s eyes. The driver then has to follow the movements of this object with only their eyes, not their head. The officer looks for weird eye movements and irregularities.
• Blood Test Results: The results of a breathalyzer or blood test can often be the most important factor in your case. The at-fault driver’s blood alcohol content at the time of the accident will reflect whether or not they were drunk.
• Medical Records: Your own medical records can help establish the validity of your claim and link your injuries to the accident. A trip to the doctor can be very beneficial to your case, as they can prove the severity of your injuries and include it in the medical report.
• Surveillance Footage: One of the most important pieces of evidence in your case is any video of the accident. If the details of the accident were caught on surveillance footage, it could provide visual confirmation of everything you have been saying. The footage may even include the at-fault driver’s erratic behavior behind the wheel or even their failure of a field sobriety test. Generally, surveillance footage helps your case.
• Reconstructing the Accident: Not all drunk driving accident cases are simple. Sometimes, there are multiple factors to be considered. In these cases, it may be beneficial to reconstruct the scene of the accident, particularly the events leading up to the crash. This analysis can help establish certain details and even support your claim.

Houston Drunk Driving Accident FAQs

Q: How Can I Prove the Other Driver Was Drunk?

A: There are many different ways you can prove that the other driver was drunk in Houston. If police arrived at the scene promptly and the driver was still there, it is likely that they were arrested for drunk driving. The resulting blood test will likely prove intoxication. If the driver was ordered to take any field sobriety tests, those results would also prove intoxication. Thankfully, there are multiple ways you can try to prove drunken behavior.

Q: What Happens If You Get in an Accident While Drunk in Houston?

A: If you get into a car accident while you are drunk behind the wheel in Houston, you could face severe legal consequences. Depending on the details of your situation, you could be charged with a felony DUI, especially if you hurt someone in your accident. Even if the injury isn’t serious, you could face irreparable damage to your reputation and criminal record. It is easiest to simply not drink and drive. The consequences are not worth it.

Q: How Do I Report a Drunk Driver in Houston?

A: There are multiple ways to report a drunk driver in Houston. One of the most reliable ways is to simply call 911 if you see somebody driving erratically on the road and you suspect that they might be drunk. You can also call the Motorist Helpline number found on the back of your driver’s license. Provide enough details so the vehicle is easily identifiable, such as the license plate, the color, and any identifying marks like damage or bumper stickers.

Q: What Is the Penalty for Drunk Driving in Houston?

A: The penalty you could face for driving drunk in Houston depends entirely on the nature of the case, whether or not anyone was hurt because of your actions, and whether it is your first offense or one of many. For a first-time DUI offense, you could be facing a maximum sentence of 180 days in jail, a fine of up to $2,000, and a suspension of your driver’s license for at least two years.

Reach Out to an Experienced Drunk Driving Accident Lawyer

If you are involved in a car accident where the other driver is revealed to be drunk behind the wheel, you may have grounds to file a personal injury claim. Drunkenness is often considered to be the primary cause of an accident in these situations, and you could be looking at a significant settlement.

The legal team at Merritt & Merritt Law Firm can help you figure out a game plan for pursuing compensation from the right people. We can help you build up your case, gather the evidence you need, and make sure your interests are protected.

Contact us to schedule a consultation with one of our valued team members. With our legal team on your side, you can trust that you are getting the quality legal representation you deserve.