Determining Liability in DUI Accidents - Arlington, TX
Car accidents are a leading cause of personal injury and financial loss across the country. Collisions are nearly always the result of reckless or negligent driving practices, including driving under the influence.
DUI lawyer Roger “Rocky” Walton has seen the types of damages that drunk driving accidents can cause for injury victims. He works alongside field experts to determine liability in DUI accidents so his Arlington, TX, clients can be justly compensated for losses related to DUI accident injuries.
Establishing Liability for DUI Accidents
To establish liability for any car accident, the cause of the accident has to be determined. In other words, what action caused the collision to take place? Often, an accident occurs because a driver was negligent or reckless in the operation of a motor vehicle. This type of breach in duty of care is enough to determine accident liability.
Drunk driving has been proven to have a negative impact on a person’s cognitive and physical functions, so if a driver is drunk when an accident occurs, it is easy to show that they breached their duty of care to other drivers and passengers on the road. The plaintiff must also demonstrate that the drunk driver’s actions caused the crash. Common drunk driving practices that could lead to a collision include:
- Weaving or swerving on the road
- Speeding or driving dangerously slow
- Stopping suddenly
- Running through a red light or stop sign
- Driving in the opposite direction of traffic
Evidence to Prove Liability
Evidence is one of the greatest tools in determining liability for a DUI accident. As with other car accident cases, Rocky Walton gathers evidence such as crash scene photos, accident witness testimony, and police reports to prove liability for a DUI crash. When working a claim for an Arlington client who has been injured in a DUI accident, we are likely to gather additional evidence, such as:
- Blood alcohol or breathalyzer test results
- Testimony from witnesses who saw erratic driving behavior prior to the crash
- Expert witness testimony
What If the Driver Is Not Charged or Convicted of DUI?
Sometimes the criminal court fails to press charges against a suspected drunk driver or the driver is not convicted. A driver may escape conviction because their blood alcohol concentration was within the legal limit or because the prosecutor believes they lack evidence to prove a criminal case. It is important to note that criminal court and civil court are completely different.
Even if a driver is not convicted of DUI in criminal court, they can still be found liable for a DUI accident in civil court. If we can prove that a driver’s mental or physical capacities were diminished to any degree and that they caused the accident, then they can be found liable for resulting accident damages.
Other Liable Parties
Drunk drivers choose to put others’ lives at risk and should be held accountable for the losses related to a car accident. However, depending on the circumstances of the case, other parties may be partially liable as well. Liability may be shared by alcohol vendors who over-served an intoxicated patron, employers who allowed an intoxicated employee to drive, or adults who provided alcohol to minors.
If you have been injured in a drunk driving accident, trust Roger “Rocky” Walton to help you with your pursuit of financial compensation. As one of the fewer than 3 percent of personal injury trial law specialists in Texas, Rocky Walton is prepared to fight for the maximum compensation you are due. To schedule a consultation at our Arlington law firm, send us a message online or call (817) 429-4299 at your earliest convenience.