While it is always dangerous to drink and drive, you as the drunk driver could also suffer injuries in a crash. You may be off work for months or longer while you recover from your injuries. You may be surprised to discover that you have avenues of compensation that you may not have realized existed.
Your Options for Compensation as a Drunk Driver
While generally a drunk driver will be liable for compensating the victims of an accident, this is not always the case. Just because you were drunk does not mean that this caused your collision. However, you also need to be realistic and accept that you could most likely be found at least partially liable for causing the drunk driving wreck. However, here are possible ways to recover some of your losses:
If the other driver was partially at fault in causing your wreck, such as by also being drunk or texting behind the wheel, he could be responsible for compensating you at least partially. Texas follows the modified comparative negligence doctrine, which means that if a driver is 51 percent or more at fault in causing a wreck, he would be entitled to no compensation. A driver who is 50 percent or less at fault could receive a partial award based on his percentage of fault in causing the wreck. If the other driver was more than 50 percent at fault in causing your injuries, he would not be entitled to any compensation, and you could receive a portion of the compensation you deserve from him based on your percentage of fault.
Your insurance company.
If you purchased additional insurance coverage, such as collision, MedPay, personal injury protection (PIP) for medical bills and lost wages, and uninsured or underinsured motorist coverage, you may be able to file a claim with your own insurance company. You could be entitled to this regardless of your fault in causing the wreck.
Dram Shop Claim.
If you were sold alcohol at a bar or restaurant or purchased alcohol at a store when you were obviously intoxicated, the business could be liable for compensating you if you were injured in a drunk driving accident under Texas’ Dram Shop law. However, the business would only face liability for its share of negligence in causing your accident.
Have You Or A Loved One Been Injured By A Drunk Driver?
If you've been injured by a drunk driver in Texas you need to speak with an experienced drunk driver injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.