Everyone knows that drinking and driving do not mix. It is illegal in every state. Nonetheless, drunk driving still occurs, and with alarming frequency. According to the Centers for Disease Control, nearly one-third of all motor vehicle accident fatalities involve an intoxicated driver. Drunk drivers pose a risk not only to themselves but also to everyone else: people in other vehicles, pedestrians, bicyclists, and the passengers in their own cars. If you have been injured in an accident caused by a drunk driver, you should promptly discuss your situation with an attorney who can assert your rights. San Antonio lawyer Jeramie Gertz can advocate for you throughout the legal process.
Drunk Driving Accidents Cause Devastating Injuries
Car accidents happen in all sorts of ways, and for many different reasons. However, the vast majority of accidents are caused by errors of judgment by drivers. The risk of such an error is greatly amplified when a driver is intoxicated. Alcohol affects a driver’s ability to function by:
Impairing their ability to react quickly;
Impairing their ability to respond prudently to an adverse condition;
Affecting their ability to accurately see, hear, and understand what is going on around them;
Increasing the likelihood that they will over-react to perceived conditions;
Making them drowsy;
Impairing their motor skills, affecting their control over accelerator and brake pedals and control over steering;
Decreasing their coordination, such as the ability to drive straight while looking away from the road; and,
Giving them overconfidence in their driving capabilities.
In other words, virtually all of the physical and mental conditions essential for a driver to operate a vehicle safely are impaired by alcohol consumption.
Drivers who cause accidents may be sued for negligence, which is a specific legal cause of action in personal injury cases. An attorney in the San Antonio area usually can show negligence by producing evidence to show four key elements. The defendant driver must have owed a duty to use reasonable care when operating their vehicle, the defendant must have failed to meet this standard, the breach must have caused an accident, and the plaintiff must have suffered damages as a result.
In a drunk driving accident case, a plaintiff often may argue that driving under the influence of alcohol constitutes “negligence per se.” This may be appropriate when a defendant breaks a law that was meant to protect the safety of people like the plaintiff. The drunk driving statute in Texas is meant to prevent car crashes caused by intoxicated drivers and the injuries that result from them. If this argument succeeds, the plaintiff would only need to prove the elements of causation and damages, such as hospital bills, the costs of future medical treatment, lost income, and pain and suffering.
Discuss Your Case with a Lawyer in the San Antonio Area
Despite many years of cracking down on drunk driving through harsher punishments, sobriety checkpoints, and greater awareness of its dangers, this behavior remains one of the most serious hazards on Texas roads. If you or someone in your family has been injured by a drunk driver, it is only fair that they should compensate you for what you have suffered as a result of their reckless behavior. To find out how we can assist you, call San Antonio attorney Jeramie Gertz at 210-807-4444 to make a free appointment. Jeramie Gertz also represents victims who need a lawyer or assistance with any other type of motor vehicle collision claim in Bexar, Maverick, Kendall, Medina, Comal, Bandera, and Atascosa Counties.