December 24, 2008
/24-7PressRelease/ -- Article provided by Chaiken & Chaiken, P.C. Please visit our website at
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Resources for Drunken Driving Victims
According to a recent press release from Mothers Against Drunk Driving (MADD), drunken driving is a serious problem in Texas, particularly in Dallas County. In 2007, the National Highway Transportation and Safety Administration reported that 12,998 people throughout the nation were killed in accidents in which alcohol impairment was a factor. Nearly ten percent of those fatalities occurred in Texas. Dallas County is one of the top five counties in the nation for drunken driving fatalities. Unfortunately, these statistics give Texas the unwelcome designation of national leader in drunken driving fatalities.
For the surviving victims and family members of those killed in drunken driving accidents, the overwhelming sense of grief and despair can prevent them from moving forward in their lives and pursuing justice in the criminal and civil court systems. But many professional resources exist to assist victims and family members in the grieving process, and the criminal and civil justice systems facilitate financial compensation for wrongful death, medical expenses, lost wages and other expenses.
Criminal Liability for Drunken Driving in Texas
Texas law prohibits drivers from operating motor vehicles while intoxicated. Texas Penal Code section 49.04. A first-time offender will likely be charged with a misdemeanor for driving while intoxicated. Like all other states, Texas law defines "intoxicated" as a blood-alcohol concentration (BAC) of .08 percent or more. Texas Penal Code section 49.01(2). In a case where a person is killed or seriously injured in an accident caused by a drunken driver, the offender may be charged with a felony or enhanced penalties depending on the circumstances of the accident and the drunken driver's criminal history.
As a victim or family member, you have the right to be informed about the criminal justice process. After the police investigate the accident, the prosecutor may charge the drunken driver with one of the above-mentioned crimes. If the defendant has not already been arrested, he or she will be, and will be arraigned and required to enter a plea. The defendant may post bond or bail to get out of jail. If the defendant does not plead guilty at pre-trial conferences before trial, he or she will be tried. As a victim or family member, you may be asked to testify about the accident or asked to give a statement at sentencing, if the defendant is convicted. Unfortunately, the criminal justice process can take months or even years to resolve the charges.
Civil Lawsuits for Drunken Driving Accidents in Texas
Parallel to the criminal justice process, victims of drunken drivers also have the right to sue for damages in civil lawsuits. Obviously, a victim can sue the drunken driver, but other persons and entities may also share some part of the liability. For instance, if the owner of the motor vehicle gave the drunken driver permission to use the vehicle, the owner may also be liable.
Texas laws also provide for dram shop and social host liability. Texas Alcoholic Beverage Code section 2.02. Dram shop liability applies to anyone that sold an alcoholic beverage to a person, knowing that the person was intoxicated. For example, a nightclub was successfully sued under the dram shop liability theory for serving an intoxicated person where its employees failed to follow written policies about admitting, monitoring and serving intoxicated persons. Besides placing liability on sellers of alcohol, Texas law also allows for suit against persons who own or lease residences where minors are served alcohol, as well as against persons who knowingly serve minors. In this case, the parent of a minor hosting a party where alcohol is served may be held liable if a teen who drinks alcohol at the party causes a drunken driving accident later that night.
Emotional Support for Victims of Drunken Driving
While nothing can undo the consequences of a drunken driving accident, for a victim and his or her family members, emotional support can be critical to begin the grieving process. Whether a victim lost the ability to do certain activities or a family member has died, emotional and physical symptoms may arise as signs of grief. Victims may encounter depression, anxiety, denial, anger and other symptoms.
Victims of drunken driving accidents may wish to seek counseling to begin to process these symptoms of grief. Organizations such as MADD-Texas work throughout the state to provide drunken driving victims with resources and support. Medical professionals treating physical injuries may also be able to refer victims for psychological treatment for the emotional components of their injuries. Whatever signs of grief victims face, resources are available to assist them.
Source: Chaiken & Chaiken, P.C.
Website:
http://www.chaikenlaw.com---
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