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On Tuesday, September 3 around 7:20 p.m., a man was killed in a drunk driving crash on 610 South Loop in Houston, Texas.

Details About the Incident

The victim of the crash, a 56-year-old man, was involved in a crash that occurred at 1100 South Loop West near FM521. He had pulled over to the shoulder to repair a flat tire on his car when a truck slammed into the rear of Almanza’s vehicle. 

The driver of the truck held several previous DWI convictions and at the time of the crash was out on parole for a recent charge. The cause of this fatal crash was confirmed to be a drunk driving accident as police found bottles of liquor in the culprit’s vehicle. 

The drunk driver was charged with felony murder for the death of man changing his tire as he had already held multiple DWI convictions and posed an insistent threat to drivers.

Texas Drunk Driving Crash Facts

Every year, almost 40,000 deadly motor vehicle crashes occur in the country. Car accidents are the number one contributor of non-health related deaths in America. A wide variety of factors give way to deaths by collision, but what is shocking is that many are in our own control.

Drunk driving contributes to 40 percent of all fatal car crashes in the United States. Across the nation, 29 people die daily in collisions that involve at least one intoxicated party. 

Although 112 million drivers have admitted to getting behind the wheel when under the influence of alcohol, only 1 percent of these drivers face legal action.

Texas is no stranger to its share of DWI-related collisions. In fact, the state is a leading contributor to the country’s total fatal intoxicated driving accidents. 

Statewide, intoxicated driving contributed to the following crash numbers in 2018:

  • Fatal Crashes: 513 
  • Suspected Injury Crashes: 1,058 
  • Non-incapacitating Crashes: 2,202 
  • Possible Injury Crashes: 2,324 
  • Non-Injury Crashes: 7,465 
  • Total Crashes: 14,345 

Texas Drunk Driving Laws

Individuals who have been injured in a drunk driving accident should know that the state’s statute of limitations sets a limit on the time they are permitted to file a claim. Those wishing to pursue compensation should take legal action as soon as possible, as they have two (2) years from the date in which the incident occurred to file a claim. 

In Texas, a valid car accident claim must bring about evidence of negligence. The four elements of negligence include:

    1. Duty: The driver has a responsibility to act in a way that would keep all parties out of unreasonable danger. 
    2. Breach of Duty: The driver failed to uphold a duty of care to another party. 
    3. Causation: The breach caused the other party harm and physical injury or death. 
    4. Verifiable Damages: The damages caused by the breach resulted in injuries that came with high medical costs or other expenses related to recovery. 

In a drunk driving accident, elements of negligence are automatically implied as the defendant broke the law in getting behind the wheel while intoxicated. Therefore, the only evidence that has to be built upon are the verifiable damages suffered by the plaintiff. 

If you are involved in a drunk driving crash yet hold some fault in the accident, you are still entitled to partial damages so long as you did not contribute more than 50 percent of fault through Texas modified comparative fault laws.

The total amount of recoverable damages will be reduced by the degree of liability the plaintiff held. Let’s say that damages accumulated to $25,000, yet the plaintiff contributed 20 percent of fault, then the individual can only recover $20,000.

Those convicted of drunk driving can face fines, jail time, and license suspensions depending on how many DUI offenses they have on record. Victims of drunk driving accidents should know that they can bring about their personal injury claim independently from any criminal penalties charged against the defendant as well. 

Car Accident Attorneys That Fight for Your Deserved Compensation

Far too often, human negligence presents innocent drivers with a dangerous and possibly fatal situation.The physical pains, emotional suffering, and financial losses that victims incur can tremendously affect their life and that of their loved ones. 

Know that you and your family do not have to suffer alone. With the help of experienced Houston drunk driving accident attorneys of Lapeze & Johns, you will have the support system you need to prevail over this unjust situation. 

Through active investigation, a collaborative team of field experts, and continued dedication to your ultimate recovery, we will work to help you achieve considerable compensation and justice from the delinquent driver that caused you harm.

Call the trustworthy Houston drunk driving accident attorneys of Lapeze & Johns today at (713) 766-0075 for a FREE legal consultation.

Source: abc13.com