When a drunk driving accident happens, figuring out who is at fault can be complex but essential for legal and insurance purposes. Fault usually depends on who acted negligently or unlawfully, such as operating a vehicle under the influence of alcohol.
In metropolitan areas such as Austin, located in Texas, where drunk driving continues to be a serious issue, there are several steps involved and legal issues to consider. If you are involved in a collision caused by a drunk driver, you need the help of a drunk driving accident lawyer in Austin.
Table of Contents
What Factors Determine Fault in a Drunk Driving Accident?
Fault in drunk driving accidents often goes beyond just proving intoxication. Several factors come into play:
- Blood Alcohol Concentration (BAC)
- Law enforcement usually tests the BAC of involved drivers. In Texas, a BAC of 0.08% or higher is considered legally intoxicated. If a driver’s BAC is above this limit, it strongly suggests fault. However, even lower BAC levels can contribute if impairment is evident.
- Driver Behavior and Traffic Violations
Fault is influenced by how each driver acted before and during the crash. Police reports might note reckless driving, speeding, failure to yield, or running red lights. A drunk driver with obvious negligent or illegal conduct will more likely be held liable.
Witness Statements and Evidence
The eyewitness account, or video and photographic evidence, can help establish fault. For instance, if an eyewitness can testify that the intoxicated driver was swerving, or if they can see from video or photographs how the intoxicated driver behaved, those statements will help establish fault.
Police Report and Citations
An officer who investigated the scene of an accident will create a report that will show the officer’s observations, the result of any intoxication tests, and whether the officer issued any citations for certain conduct. The report an officer creates is critical evidence that attorneys, insurance companies, and a court can use to determine liability.
How Is Shared Fault Handled?
Often, fault is not assigned only to one driver. In Texas, blame can be apportioned based on the “comparative negligence” rule, which is based on the portion of fault each person has for the accident.
Why Is Assigning Fault Important?
Assigning fault will go to the issue of damages, including payment for property repair, medical bills, lost wages, etc. If the intoxicated driver is found to be completely at fault, then the victims can seek payment from the intoxicated driver’s insurance or file a claim with their own insurance.
If there is no fault assigned, then the claims cannot be settled as soon as you’d hope, and the pursuit of justice is delayed. Getting advice from a knowledgeable attorney can increase the chances of properly proving fault and securing fair restitution.
Key Takeaways
- Fault in drunk driving accidents hinges on BAC levels, driver actions, evidence, and police reports.
- Texas uses comparative negligence, allowing for shared fault among drivers.
- Precise fault determination affects insurance claims and compensation rights.
- Consulting a legal expert in drunk driving accidents in Austin is critical to protect your case.
- Gathering thorough evidence immediately after the crash can strengthen fault claims.
