Driving while under the influence of drugs or alcohol can result in life-altering consequences. It places not only the driver’s life at risk but also the lives of others on the road. If you experienced an injury in a DUI accident in San Antonio, TX, you may be able to seek legal action through a personal injury claim.
For assistance after a car accident caused by impaired driving, contact George Salinas Injury Lawyers. Our law firm offers a free consultation, where you can speak to an experienced San Antonio DUI accident attorney and discuss your legal options.
How Our San Antonio Car Accident Attorneys Can Help After a DUI Crash
Drunk driving accidents in San Antonio can leave victims with devastating injuries – both physical and emotional. When you experience this, it’s important to know what steps to take. That’s where we come in.
When you work with our San Antonio car accident lawyers, we can help you in the following ways:
- We will gather all available evidence so we can determine what happened and prove that the other party is at fault.
- Our legal team will calculate your damages so that you know what you are entitled to and what to expect.
- We fight to make sure our client’s voices are heard. We know how important it is to be understood after your accident.
- We will ensure that all paperwork is handled appropriately and submitted on time.
If you or someone you love has been injured by a drunk driver in San Antonio, Texas, let us help you. Contact George Salinas Injury Lawyers today to schedule a free consultation with one of our San Antonio DUI accident lawyers.
How Common Are DUI Accidents in Texas?
DUI accidents are incredibly deadly and, unfortunately, common. This is true all across the United States, and it’s no different in Texas. In 2021, almost 25% of accidents in Texas were at least partially caused by drunk driving.
In 2021, Texas saw more than 25,000 drunk driving crashes. As a result of these accidents, more than 1,000 people died.
San Antonio had the highest rate of drunk driving crashes per capita in 2021.
Overview of DUI Accident Claims
A DUI injury claim is a type of civil lawsuit. It alleges that an individual was injured due to the recklessness of another person who was driving while impaired by drugs or alcohol.
The injured party seeks compensation from the person responsible for their losses, like medical expenses, lost wages due to inability to work, pain and suffering, and any other damages resulting from the incident.
What Causes DUI Accidents in San Antonio?
Alcohol affects everyone differently, but it generally impairs coordination and judgment and slows reaction time—all of which are necessary for safe driving. This effect begins at relatively low levels of consumption. Even one drink can significantly impair a person’s ability to drive safely.
Common causes of DUI accidents in San Antonio include speeding, tailgating, distraction, fatigue, and running stop signs or red lights.
Most Common Types of Injuries Resulting from DUI Accidents
Drunk driving accidents can lead to irreparable physical and psychological damage. Victims may suffer from broken bones, head trauma, spinal cord damage, internal organ damage, and more – all of which require long-term medical care.
PTSD and depression can also result from drunk driving accidents and may require extensive mental health treatment.
In some cases, injuries can be life-threatening, resulting in wrongful death.
Liability for DUI Accidents in San Antonio, Texas
In most cases, the driver who caused an accident while under the influence of alcohol will be held responsible for any resulting damages.
To prove a personal injury claim resulting from a DUI accident, you must typically demonstrate that the driver acted negligently.
Here’s what you need to show:
Duty of Care
You must prove that the defendant had a legal responsibility to the victim. All drivers have a duty to drive responsibly and take appropriate steps to keep others on the road safe.
Breach of Duty
Next, you need to demonstrate that the defendant acted negligently and breached their duty of care. For instance, if you can show evidence such as police reports or eyewitness testimonies indicating that the defendant was driving erratically due to being intoxicated, this would constitute a breach of duty.
There must be evidence linking the defendant’s action (or inaction) directly to the accident. For example, if they drove through a red light and caused an accident because they were intoxicated, this is the cause of the accident.
Police reports, video footage, or eyewitness statements can serve as evidence linking the accident to the defendant’s behavior.
Finally, you must prove that you suffered actual losses and damages. You can do this by showing you have medical expenses, lost income from missing work due to the injury, and any other losses from the accident.
Dram Shop Liability in Texas
In Texas, bars or restaurants that serve alcohol to a visibly intoxicated person may also be held liable for damages if that person causes a drunk driving accident. This is known as dram shop liability.
These laws enable either the person injured by a drunk driver or an immediate family member of someone who died in a drunk-driving accident to file a claim.
To be successful in a dram shop claim, you must prove the following:
Apparent Intoxication: The first element that must be proven in a dram shop case is that the provider (bar, restaurant, etc.) was aware that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated. It must have been apparent that the individual’s behavior indicated they were under the influence of alcohol and would be a danger to themselves or others.
Injury Caused by Intoxication: The second element required in a dram shop case is proof that the individual who was served or provided with alcohol caused injury due to their intoxication.
Schedule a Free Consultation With Our San Antonio Car Accident Lawyers
If you were involved in a drunk driving accident in San Antonio, TX, you deserve justice. While no amount of money can change what happened, it’s important to seek compensation so you can focus on your recovery without worrying about finances. Contact George Salinas Injury Lawyers to schedule a free consultation with our San Antonio DUI accident attorneys.
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