According to the Texas Department of Transportation (TxDOT), in 2020, 959 people died from car accidents where the driver was driving under the influence of alcohol. In addition, 367 people lost their lives in accidents caused by distracted driving.
Unfortunately, these types of accidents are common, and it is wise to get an attorney involved due to the severity of these types of accidents. Our team at Pastrana & Garcia Injury Law, can identify the legal details needed to help get you the compensation you deserve.
At Pastrana & García, we are Hispanic lawyers, and we understand how difficult and frustrating it can be to navigate the United States legal system. With over 30 years of experience in recovering compensation for our clients, we can help you recover your compensation too.
A distraction is ANY activity that takes your attention away from the steering wheel. For example, did you know that taking your eyes off the road for 5 seconds while driving at 55 mph is equivalent to driving across an entire soccer field with your eyes closed!
Some common examples of distractions for drivers are:
- Sending text messages
- Talking on the phone (also on speakerphone)
- Eating and drinking
- Changing the volume
- Searching for an address in GPS
- Talking to your passengers
- Looking around for an item in your car
In Texas, driving under the influence of alcohol or drugs is ILLEGAL. A person is convicted or pleads guilty of driving while intoxicated (“DWI”) when:
- YOU DO NOT have the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of these substances, or any other substance in the body.
- You have an alcohol blood concentration of 0.08 or more.
What to do if you are in an accident due to a drunk driver?
It is important to let the police know if you noticed that the other driver was behaving strangely, had slurred speech, had difficulty balancing, or had watery eyes. Police officers or any other first responder to the accident scene are responsible for conducting the necessary assessments to determine whether the driver was driving while intoxicated.
How to prove negligence in a drunk driving accident in Texas?
Most car accidents in Texas are due to negligent drivers. Under Texas state law, for a successful case against a negligent driver, the following must be proven:
- That the driver had a civil responsibility with the victim;
- The driver breached this duty or responsibility;
- The breach in responsibility was the direct cause of the injuries suffered by the victim; and
- Damages that the victim suffered
To ensure the CLEAR establishment of negligence and to be able to recover compensation, it’s recommended that you involve a lawyer as soon as possible. At Pastrana & García, we have complete knowledge of the law and the means to conduct the necessary investigations to determine who is responsible for the accident.
What is the statute of limitations involving car accidents?
Car accidents in Texas are governed by a two-year statute of limitations. That means a person has two years from the date of the accident to file a lawsuit in court against the driver at fault. If a person does not submit their application for a lawsuit within two years, it is most likely that their opportunity for legal action has expired. Therefore, as with many other accident cases, a person should never delay hiring an attorney to help them file a lawsuit. Even if you are within the two-year statute, waiting too long can result in loss of evidence and may lead to a law firm rejecting your case.
If you want to obtain a FAIR COMPENSATION, the time to act is NOW! The success of your case may depend on how fast you take action.
At Pastrana & García, we are Hispanic lawyers, and we understand how difficult and frustrating it can be to navigate the American legal system. With over 30 years of experience in recovering compensation for our clients, we can help you recover your compensation too!
You pay no fees unless we recover your compensation!
Remember, if you are the victim of an accident, YOU ARE NOT ALONE, CALL US FOR YOUR FREE CONSULTATION!