Drunk driving car accidents in Brownsville can leave victims struggling with serious and complicated injuries. In the aftermath of the crash, it is important to obtain medical care and act quickly to preserve your legal rights.

An experienced auto accident attorney can conduct a thorough investigation into liability and build a case against the at-fault party. We can also work with accident reconstruction experts to build a strong case and fight for your rights at every step.

How Can I Prove Legal Fault After a Drunk Driving Collision?

To prove legal fault after a drunk driving collision in Brownsville, you must demonstrate that the driver was negligent and that their intoxication directly caused the crash. In Texas, a DUI (driving under the influence) charge applies to individuals under 21 with any detectable alcohol in their system, while DWI (driving while intoxicated) applies to adults 21+ with a BAC of 0.08 percent or more, or anyone (adult or minor) whose normal faculties are impaired by alcohol or drugs.

While a DWI or DUI charge against the driver who injured you can be powerful evidence for your claim, an ongoing criminal case against the at-fault party does not automatically guarantee you a win in a civil case. You must still establish a causal link between the at-fault driver’s impairment and the specific actions that led to the accident. In Texas, violating the state’s DUI or DWI laws can constitute negligence per se. This means that driving while intoxicated is itself a breach of the driver’s duty of care and can simplify your burden of proof.

An attorney can help you collect documentation from the immediate aftermath of the crash to establish legal fault and build the strongest possible case:

  • Police accident reports: These contain the officer’s observations of impairment, such as slurred speech, bloodshot eyes, or failed field sobriety tests.
  • Chemical test results: Breathalyzer or blood test results are the most definitive proof of intoxication.
  • Video footage: Dashcam recordings, surveillance from nearby businesses, or witness cell phone videos that show erratic driving or signs of drunkenness.
  • Witness statements: Testimony from people who saw the driver drinking before the crash or observed reckless behavior can corroborate your claim.

Under the Texas Dram Shop Act, you may be able to sue an establishment (bar, restaurant, or liquor store) if they served an obviously intoxicated person who then caused your accident. You must show that the establishment served someone who was a clear danger to themselves and others, and that this intoxication was the proximate cause of your injuries.

What Compensation Is Available in Drunk Driving Injury Claims?

Victims of drunk driving crashes in Brownsville can pursue several layers of compensation designed to cover financial losses, emotional trauma, and even punishment for the driver’s conduct. Economic damages cover quantifiable financial losses and are proven with bills or receipts. Examples include current and future medical expenses, lost wages and loss of future earning capacity, property damage, and out-of-pocket costs like travel to appointments or home modifications for disability.

Non-economic damages address intangible impacts that lack a fixed price tag. This could include your pain, suffering, emotional distress, and lost life enjoyment resulting from the accident. Texas law allows victims in drunk driving cases to seek punitive damages. These are meant to punish the reckless driver for grossly negligent conduct and deter future offenses, not just compensate for losses.

Contact a Brownsville Drunk Driving Car Accident Attorney

Insurance adjusters often attempt to minimize payouts or use a victim’s statements against them. A skilled lawyer can handle all communications after drunk driving car accidents in Brownsville to protect your rights and push for a fair settlement.

While the state handles any criminal prosecution of the drunk driver, a civil lawyer can use evidence from the criminal case to strengthen your claim for financial recovery. Contact Javier Villarreal Injury Law Firm and our team of lawyers today to request your free case consultation.