Drunk Driving Accident

Sadly, thousands of accidents occur every year for one reason only; the driver had been drinking alcohol and got behind the wheel of a moving vehicle. Drunk Driving Accidents continue to cause an untold amount of hurt and suffering.

When a person is injured in a drunk driving accident, criminal penalties will often apply. This is also usually in addition to civil damages. The crime of drunk driving is called intoxication assault and is classified as a 3rd degree felony. The Texas Penal Code defines intoxication assault as an offense committed by a person who, while operating a motor vehicle, causes bodily harm to someone as a result of that intoxication. Motor vehicles can include cars, trucks, motorcycles, RVs, boats and 18 wheelers to name a few.

Because drunk driving is a crime, people who are injured in drunk driving accidents are often able to recover at least some of their compensation from the Texas Crime Victims’ Compensation Fund. The TCVCF is most often used when the drunk driver does not have liability insurance. The Fund requires recipients to repay any funds if and when a settlement is reached.

In addition to the actual drunk driver, in some cases the party or parties which supplied the alcohol can also be held liable. This is known as “dram shop liability.” Under the Texas Dram Shop Act, a person who provides, sells or serves an alcoholic beverage to an individual will also be held liable for the damages caused by that individual if it was made apparent to the provider of the alcohol that the person was intoxicated “to the extent that he presented a clear danger to himself and others”. In addition, the provider can be held liable if it is determined that the individual’s intoxication was the cause of the damages suffered.

If you are in need of a Dallas Drunk Driving lawyer, contact Godsey-Martin, P.C. today! You have rights and you need the protection of an experienced personal injury attorney on your side.