Rae Castillon on September 18, 2024 No Comments
The Bayou City always seems to have something for everyone, including alcoholic beverages. From major labels to Texas-born breweries and distilleries, you can find something to satisfy any craving.
Want a beer laced with the heat of hot chili peppers? Houston has it and more. You can even find stores devoted to tannin-free wines.
However, while you can almost always grab a drink in Houston, it can also increase your risk of being in a DUI accident. Navigating a Houston DUI accident is rarely simple even when the at-fault driver is noticeably intoxicated.
What’s Considered Legally Intoxicated in Texas
The Lone Star state’s motto is everything’s bigger in Texas but this doesn’t apply to what’s considered legally intoxicated. In this instance, Texas likes to go smaller. Like pretty much every other state, if your blood alcohol content (BAC) is 0.08 or higher you’re considered over the legal limit. In plain terms, a BAC of 0.08 means it’s illegal for you to get behind the wheel.
Texas also doesn’t go lightly on suspected drunk drivers. In 2021, the Lone Star state reported over 25,000 DUI accidents resulting in 963 fatalities. So, how much can you drink before being considered legally intoxicated?
There isn’t a precise answer to this question; everyone is different. Some individuals have a higher metabolism and this can help keep their BAC levels below the legal limit.
A higher metabolism usually means your body burns calories faster so the alcohol may not stay in your bloodstream for a prolonged period. However, this doesn’t mean downing a few beers and a couple of shots just because you can’t keep extra weight on is advisable. Alcohol can have long-lasting effects.
So, how many drinks can you have before your BAC hits the legal limit? The most common answer is two beers, and we are not talking about a couple of 24-ounce bottles. This refers to the standard 12-ounce beers you pick up in the store or order from your favorite bartender.
Even sticking to only two beers can still cause your BAC to creep above the legal limit. The best advice is to never drink and drive, even if it’s only a single 12-ounce beer.
Filing an Insurance Claim Against an Intoxicated Driver
Before we get into the civil aspect of a DUI claim, the intoxicated driver is probably also facing criminal charges. Don’t panic if the defendant is sentenced in criminal court before you file a personal injury claim. These are two completely different types of legal cases.
A suspected drunk driver being found either guilty or innocent in criminal court shouldn’t impact your personal injury claim. Even if your claim turns into a lawsuit, it’s still a civil and not a criminal matter. However, if the defendant is found innocent of all criminal charges, you may need to amend your accident claim. Your personal injury attorney can help if this applies to your claim.
Immediately Report the Accident
Texas law lets you skip immediately reporting some vehicle accidents. Minor fender benders in parking lots are a great example. There aren’t any injuries or fatalities and property damage is typically minimal if it’s even visible.
You can wait up to ten days to file an accident report without worrying about any legal repercussions. If you’re not planning on filing a claim with the other driver’s insurance provider, you may be able to skip reporting the minor collision.
When it comes to accidents involving a suspected intoxicated driver, you don’t have any options other than immediately reporting the accident. All traffic accidents involving a suspected DUI driver must be immediately reported.
All involved drivers must also remain at the accident scene. If you decide to drive off, you may be facing hit-and-run charges. This will make it almost impossible to file an accident claim even if the other driver is intoxicated.
Seek Medical Attention
Even a minor car collision can cause injuries. You may have a contusion or even internal injuries. Along with being proactive about your health, the doctor’s appointment also ensures you have evidence to support your injury claim.
The insurance company is going to request copies of all of your medical records for injuries stemming from the accident.
Check For Witnesses and Surveillance Cameras
Even though Texas follows at-fault insurance guidelines, it’s also a comparative negligence state. This means more than one driver can be responsible for causing an accident. Yes, this can even apply to a DUI accident claim.
The other driver may be intoxicated but you’re driving behavior can also contribute to the accident. An example is if you’re speeding and are hit by an intoxicated driver.
How comparative negligence works is pretty simple. Each driver responsible for causing the accident is assigned a percentage of the blame. As long as your percentage of fault isn’t above 50%, you can still file a claim for damages. Your compensation amount is reduced by your percentage of blame. So, if your settlement is for $100,000 and you’re assigned 25% of the blame, your total check amount will be $75,000.
To help ensure you’re not assigned more than your fair share of the blame, if any, it helps to have witness statements and video footage.
If there are any witnesses to your accident, go ahead and get their contact information. Your attorney and the insurance adjuster will want to take their statements. However, try not to go into detail about the accident with the witnesses. Anything you say can be used against you by the insurance company.
Finding a street not covered by some type of surveillance is tough, even in the more residential metro area. You can’t wander up to a home or business and ask for a copy of their surveillance tape, and this also applies to any traffic cameras in the area, and Houston has plenty.
The Bayou City has both red light and speeding cameras scattered throughout Harris County. Take note of the cameras’ location and pass the information on to your attorney.
Don’t File a DUI Accident Claim Alone
Navigating a DUI claim is rarely easy, especially with the legal complexities involved. Working with an accident attorney can simplify the process and help ensure you receive fair compensation for your damages.
While your attorney handles the details of your claim, you can focus on recovering from the accident, knowing that your case is in capable hands. This support can make a significant difference in both the outcome of your case and your peace of mind.
