If you live in the Dallas/Fort Worth area, you know that drunk driving accidents are common.  Losses resulting from a drunk driving accident can range from wrongful death to personal injuries, medical expenses, lost wages, as well as physical pain and mental anguish.

The only way you can be sure that your injury claim will be properly handled is to hire an experienced Dallas drunk driving accident attorney to represent you.  Not only will Robert C. Slim, Attorney at Law, know how to prepare your case for maximum value, he also knows how to properly negotiate your claim to get the highest possible settlement.

Drunk Driving Accident are All Too Common

In Texas, drunk and  intoxicated driving makes up about 40% of all accident related deaths. That is a “sobering” fact. This statistic not only includes persons operating cars and other motor vehicles, but also includes pedestrians and bicyclists who were under the influence.

Intoxicated Driving

Under Texas law, a person in considered “intoxicated” when their blood alcohol level reaches .08 or higher. If the driver involved in an accident is suspected of being drunk, the police officer will note that fact in the accident report.

Additionally, the suspected drunk driver will be asked to submit to a breathalyzer or otherwise give a blood specimen for testing. If the driver is rendered incapacitated at the accident scene, many times the hospital or emergency room personnel will administer a complete toxicology testing. The toxicology report will provide not only the driver’s blood alcohol levels, but will also detect the existence of any other drugs or substances such as marijuana, cocaine, and methamphetamines.

Driving Under the Influence

Even if the driver of a motor vehicle consumed alcohol but is not legally intoxicated, the police officer may still note whether or not the driver was “under the influence” of alcohol.

Being “under the influence” means that, although your blood alcohol level is less than .08, your ability to operate a motor vehicle is still impaired due to the consumption of alcohol.  If the officer believes that a driver was under the influence of alcohol, the officer will note that as a factor contributing to the accident.

An Accident with Drunk Driver May Mean a Bigger Settlement

Naturally, a drunk driving accident puts a car accident case in a whole new light. If you were the victim of an accident with a drunk driver accident, then you may be able to demand a greater settlement amount just because jurors are generally willing to make higher awards than if the driver was not intoxicated.

Insurance companies know this. As such, you can also count on the insurance companies defending these cases more vigorously in hopes of compelling you to take a settlement rather than going to trial. It is this reason that makes it even more important to hire an experienced lawyer to pursue your rights in the event you are the victim of an accident caused by a drunk or intoxicated driver.

Dram Shop Liability

Sometimes, the restaurant or bar where the alcohol was consumed may be liable for injuries caused by a drunk driver. This is called “dram shop” liability.

If a bar owner serves a customer who is obviously intoxicated and that customer leaves the bar and gets into a car accident, not only can the injured victim seek damages against the drunk driver, but the restaurant or bar can also be legally responsible.

Alcohol Consumption Chart

Below is a chart estimating the average blood alcohol levels of men and women.  Please note that these are just estimates and should NOT be used or relied upon for any given person’s safe alcohol consumption.

Blood Alcohol Chart for men 

Subtract .01% for each 40 minutes of drinking.
One drink is 1.25 oz. of 80 proof liquor, 12 oz. of beer, or 5 oz. of table wine.

Blood Alcohol Chart for women

Subtract .01% for each 40 minutes of drinking. One drink =.50 oz. of 80 proof liquor, 12 oz. of beer, or 5 oz. of table wine.