It is against the law in all states to drive while under the influence of alcohol or drugs, or a combination of both, and Texas is no exception. When people drive under the influence of alcohol and certain drugs, their ability to drive safely can be impaired. With alcohol for example, the more someone consumes, the more their senses are affected. Alcohol consumption can lead to blurred vision, dizziness, judgment errors, problems with coordination, errors in-depth perception, vomiting, and even blacking out. When a driver is under the influence of alcohol, they are much more likely to run a red light, blow through a stop sign, speed, run over a pedestrian or bicyclist, cause a head-on collision, swerve out of their lane, or drive the wrong way on a road or freeway!
When Drunk Drivers Hurt People
Not all drunk drivers cause collisions, but many of them do. And what if a drunk driver causes a DWI crash and they seriously hurt their passenger or another driver? What happens to the drunk driver? Do they get a slap on the wrist and go straight back to driving, or do they face the wrath of the criminal justice system? In Texas, it is a crime for someone to drive under the influence of drugs or alcohol and seriously injure someone else. If an intoxicated driver were to seriously injure someone as a direct result of driving under the influence, he or she will most likely face intoxication assault charges under Sec. 49.07 of the Texas Penal Code. Under Sec. 49.07, someone commits the offense of intoxication assault if by accident or mistake, he or she is operating a motor vehicle while intoxicated and they cause serious bodily injury to another person. If another driver was intoxicated and they seriously hurt you or someone they love, they may face third-degree felony charges.
Can I Still Sue?
Let’s say you were injured by a drunk driver who is facing charges for intoxication assault. Since they have a criminal case, will that prevent you from filing a personal injury claim against the driver? No, not at all. Under Texas law, you have every right to file a claim against the drunk or drugged driver, even if he or she is facing criminal charges or behind bars for their mistake. Next: Can I Sue a Drunk Driver Who Hit Me?
To learn more about filing a drunk driving accident claim in Plano, contact The Zendeh Del Law Firm, PLLC today.