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San Antonio Drunk Driving Accident Lawyer

Our San Antonio Car Accident Attorney Can Help You Seek Justice

Drunk driving accidents are a big problem in San Antonio and Texas. We’ve all heard the countless stories of tragedies that occur as a result of someone choosing to drive after having too much to drink. According to the latest statistics from the Texas Department of Transportation, in 2010, 1,075 deaths occurred as a result of a drunk driving accident. Drunk driving accidents in the same year were the direct cause of injuries to nearly 16,000 people. These are deaths and injuries that should not happen.

Tell our San Antonio injury attorneys about your car accident in a free consultation!

Why Choose The Attorneys at The Aguirre Law Firm

If you or a loved one has been the victim of a drunk driver, call The Aguirre Law Firm in San Antonio, Texas. We will assist you in making sure the drunk driver, or in some instances, the establishment that served the driver too many drinks, accountable. Unfortunately, insurance companies attempt to treat drunk driving accidents as ordinary accidents when it comes to determining how much compensation a victim should receive. This is grossly unfair. Juries do not like drunk drivers and hold them accountable. They do so in the form of large jury verdicts against drunk drivers. Don’t settle for just medical bills and property damage if you’ve been the victim of a drunk driver. You are entitled to much more. Call the San Antonio car accident lawyers at The Aguirre Law Firm and we strive to maximize your recovery.

How Alcohol Affects Driving

Alcohol significantly impacts a person’s ability to operate a motor vehicle. The National Highway Traffic and Safety Administration cites four critical driving skills critically affected by alcohol consumption.

These are as follows:

  1. Judgment. Alcohol impairs the areas of the brain that control judgment, making it difficult to face new problems and situations;
  2. Vision. A person’s vision may be blurred by drinking. Alcohol consumption may cause blurry or double vision and the inability to focus. A driver who drinks may be unable to judge distance, speed, and the movement of other vehicles. Alcohol affects the vision at blood alcohol levels as low as .02%;
  3. Color distinction. The ability to distinguish colors is reduced with drinking alcohol. Drivers who consume alcohol may be unable to identify traffic signs, signals, and roadway markings; and
  4. Reaction time. After drinking, drivers’ reaction times slow down, making it difficult to process information and react promptly.

Alcohol affects driving after one drink. The only ways to avoid alcohol affecting one’s driving are to:

  • Abstain from drinking;
  • Designate a sober driver when going out; or 
  • Remain in one place until the alcohol consumed has had time to metabolize. This is approximately one hour per drink.

Contrary to popular belief, coffee, and cold showers do not affect sobriety.

How Fault is Attributed in a Drunk Driving Accident in San Antonio

Texas operates under a comparative fault system. In a comparative fault system, each party to an accident is assigned a percentage of responsibility for that accident.

A party’s percentage of responsibility may be anywhere from 0-100%. Any party whose percentage of responsibility is higher than 50% may not recover monetary damages in a personal injury case

A victim found partially liable for an accident will have any monetary damages reduced by their percentage of responsibility

For example:

  • A drunk driving accident victim is awarded $100,000 in damages;
  • That accident victim is found 30% responsible for the accident that caused their injuries;
  • The accident victim’s damages award will be reduced by 30% or $30,000; and
  • The accident victim will receive a total damages award of $70,000.

A drunk driver may be partially or totally at fault for a drunk driving accident, depending upon the accident circumstances. A victim seeking compensation must prove the drunk driver was impaired and responsible for the victim’s accident-related losses to recover damages.

Proving fault in a personal injury case requires a victim or their attorney to build a strong case that the drunk driver was negligent. There are four components to a drunk driving negligence case.

These four components are:

  • The drunk driver must have owed the victim a duty of care;
  • The drunk driver must have breached this duty of care;
  • This breach in duty of care must have been the direct cause of the victim’s injuries; and
  • The victim must have compensable damages.

The victim must prove it was the drunk driver that caused their accident-related damages. Otherwise, there is no personal injury case against the drunk driver.

Who Can Be Held Liable for My Drunk Driving Accident?

There are situations where parties other than the drunk driver can be held liable for a drunk driving accident. An accident victim may even have a claim against more than one party for their injuries.

Texas allows victims of drunk drivers to file dram shop claims. A dram shop claim is a personal injury claim against an establishment that sells alcohol to a person who is intoxicated

A social host may be liable for a drunk driving accident. If a person throws a party and serves alcohol to a non-related minor and that minor causes a drunk driving accident, the person throwing the party may be responsible.

If a vehicle or vehicle system malfunction was partly responsible for the accident, the parts manufacturer or vehicle manufacturer may also be liable for a victim’s injuries.

An experienced car accident attorney will identify any sources of accident liability when conducting their case investigation. If a drunk driver’s case is dismissed or found not guilty in a criminal case, that does not excuse them from liability in a civil claim.

What is Texas’s Zero Tolerance Law?

Texas has a Zero Tolerance law regarding minors and alcohol consumption. No one under 21 may legally consume alcohol in Texas

Anyone under 21 who consumes any amount of alcohol and operates a motor vehicle, boat, plane, or midway ride is subject to criminal charges. The .08% blood alcohol content legal limit of intoxication does not apply to minors.

The criminal penalties a minor faces depend upon whether there are any aggravating circumstances and if they have prior drinking and driving offenses. Penalties range from fines, community service, and alcohol awareness classes to jail time and imprisonment.

How Much Does a San Antonio Drunk Driving Attorney Cost?

Drunk driving accidents can leave victims frustrated, confused, and unsure of where to turn for help. An accident victim has to deal not only with physical recovery but also with the financial, emotional, and mental stress associated with accident-related losses.

An experienced San Antonio drunk driving attorney can be an invaluable asset in the fight for fair accident compensation. They can also act as an advocate and guide throughout the entire drunk driving claims process.

At The Aguirre Law Firm, PLLC, we want drunk driving accident victims to have the best legal representation possible at the most affordable rates. That is why our attorneys review drunk driving accident claims in a complimentary consultation.

During the initial, free consultation, The Aguirre Law Firm, PLLC, will answer any pressing legal questions about a drunk driving accident case. We will also review our contingency fee agreement with a future client, explaining our fee structure.

The Aguirre Law Firm, PLLC, accepts drunk driving accident claims without collecting a retainer or any upfront fees for our services. Instead, we operate on a contingency fee basis. This means The Aguirre Law Firm, PLLC, only charges for legal services when we win money for our client.

A drunk driving accident consultation and representation by The Aguirre Law Firm, PLLC, is risk-free. Do not wait to speak with one of our compassionate, knowledgeable attorneys. Call The Aguirre Law Firm, PLLC, today!

Contact Our San Antonio Car Accident Lawyers Today

Call the San Antonio car accidents lawyers at The Aguirre Law Firm at (210) 922-0808 today so that we can explore all available options if you or a loved one has been injured or killed as a result of a drunk driving accident.

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