Drunk driving accidents often cause serious injuries, but proving liability does not always happen easily. Texas law holds intoxicated drivers accountable, but personal injury claims need strong evidence. Understanding the challenges in proving fault helps you build a strong case.
Establishing intoxication as a factor
To prove liability, you must show that the driver was intoxicated at the time of the accident. While a DUI conviction strengthens your case, it is not always available. Breath test results, field sobriety tests, and witness statements establish intoxication. However, if the driver refuses testing, proving impairment becomes harder.
Connecting intoxication to the accident
Even if the driver was intoxicated, you must prove that their impairment directly caused the crash. Defense attorneys may argue that other factors, like road conditions or your own actions, contributed to the accident. Surveillance footage, accident reconstruction, and police reports link the driver’s impairment to the crash.
Overcoming comparative negligence claims
Texas follows a modified comparative negligence rule, meaning your compensation decreases if you are partially at fault. Insurance companies may argue that you were speeding, distracted, or otherwise contributed to the crash. Strong evidence, such as eyewitness accounts and expert testimony, counters these claims and reinforces your case.
Holding third parties accountable
In some cases, other parties share liability. Texas dram shop laws allow you to hold bars or restaurants responsible if they served alcohol to an obviously intoxicated person who later caused an accident. Proving these claims requires receipts, surveillance footage, or testimony from employees and patrons.
Proving damages from the accident
Beyond proving fault, you must also establish the extent of your injuries and financial losses. Medical records, lost wage documentation, and expert testimony support your claim. Insurance companies may dispute the severity of injuries, so thorough documentation strengthens your case.
Successfully proving liability in a drunk driving accident requires strong evidence and legal knowledge. Understanding Texas laws and common defense tactics helps you pursue fair compensation.