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Who is Responsible for Drunk Driving Accidents?
- The drunk driver that caused the accident.
- The drunk driver's employer if they were working at the time of the accident.
- The drunk driver's server, typically the restaurant that over served the driver.
- Who Is Liable for Drunk Driving Accidents in Texas?
- How Does Texas Make Adults Liable for Drunk Driving Accidents?
- Can I Still Recover Under My Own Insurance If the Drunk Driver Didn't Have Enough or Any Insurance?
- Why Are Employers Liable in Drunk Driving Accidents?
- Why Are Restaurants and Bars Liable in Drunk Driving Accidents?
- Unsure Who's Responsible for Your Drunk Driving Incident?
Who is liable for Drunk Driving Accidents in Texas?
- THE DRUNK DRIVER: First start with the drunk driver. Assuming that there was no intervening force that forced them to cause the incident or you were not partially responsible for the accident. The drunk driver would be the first person who could be liable for the accident that caused your injuries and damages.
- THE DRUNK DRIVER'S EMPLOYER: If the Drunk Driver was working at the time of the accident, his or her Employer could be vicariously liable for the torts that their employees cause as long as they are foreseeable and committed while in the course of their employment. As long as the drunk driver was not deviating too much from the intended work, his or her boss will still be liable for all of your injuries.
- THE DRUNK DRIVER'S SERVER: If a bar, restaurant, or other establishment serves a customer alcohol and that customer becomes intoxicated, then that establishment could be liable to victims if the customer injures them under the Texas Dram Shop Act.
How Does Texas Make Adults Liable for Drunk Driving Accidents?
Sec. 49.04. DRIVING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
Can I Still Recover Under My Own Insurance If the Drunk Driver Didn't Have Enough or Any Insurance?
Why Are Employers Liable in Drunk Driving Accidents?
Why Are Restaurants and Bars Liable in Drunk Driving Accidents?
Need help with a DWI Car Accident in Houston or Galveston?
Additional Information and Resources
Attorney, John D. Pascoe and the Pascoe Law Firm, is responsible for the content on this website, principal office and only office located in Friendswood, Texas. Servicing: Alvin, Angleton, Austin, Bayou Vista, Bacliff, Baytown, Beaumont, Brookside Village, Brownsville, Clear Lake, Chambers County, Corpus Christi, Dallas, Danbury, Dickinson, Deer Park, Eagle Shale Ford, El Lago, Friendswood, Fresno, Fort Bend County, Fort Worth, Galveston, Galveston County, Galveston Island, Harlingen, Harris County, Hitchcock, Houston, Jefferson County, Kemah, Lake Jackson, La Marque, La Porte, League City, Laredo, Liberty County, Manvel, McAllen, Montgomery County, Nassau Bay, Orange, Pasadena, Port Bolivar, Port Arthur, Pearland, Rio Grande Valley, Rosharon, Santa Fe, San Antonio, San Leon, Seabrook, Shoreacres, Sienna Plantation, South Houston, South Padre Island, Southbelt Ellington, Taylor Lake Village, Texas City, Tiki Island, Victoria, Webster, and throughout Texas.