Even if it is clear that the driver who hit you was impaired, that does not always mean the driver is legally responsible.
The driver’s insurance company may try to avoid responsibility for the accident, including by blaming the injured person.
Both sides may need to look at whether dram shop liability applies. The Texas Dram Shop Act can hold alcohol providers responsible when they serve alcohol to someone who is “obviously intoxicated” and that person causes an injury. The person must show signs of intoxication that the server should have noticed before serving more alcohol.
If the impaired driver was arrested for DWI and convicted, the conviction may be used as evidence of negligence in a personal injury claim. Strong evidence of intoxication may help prove fault and allow the insurance company to focus on the amount of damages instead.
However, proving fault is just the first step.
The real challenge is securing full and fair compensation for your medical bills, lost wages, pain and suffering, and other damages. Insurance companies have teams of adjusters and lawyers working to minimize your claim.
At Farah Law, our experienced attorneys know how to investigate every angle of your case, gather the evidence needed to prove fault, and negotiate aggressively with insurance companies on your behalf.
Contact Farah Law today for a free, no-obligation consultation. Let us fight for the compensation you deserve while you focus on your recovery.
