Deadly Alcohol-Fueled Wreck Near Tidwell
Few details were available after a driver, who was allegedly traveling over 80mph, ran a red light and hit another vehicle in the intersection, killing that driver almost instantly.
After the crash, which occurred on the 59 Eastex Freeway service road, near Tidwell, the driver who ran the red light, who showed signs of intoxication, was charged with intoxicated manslaughter.
Negligence Per Se in DUI Wrecks
If a tortfeasor (negligent driver) is charged with a criminal safety law violation, like DUI manslaughter, the victim could be entitled to compensation as a matter of law.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Usually, a Sugar Land personal injury lawyer can hold a third party responsible for these damages. More on that below.
Evidence isn’t necessary to prove liability, but it is necessary to obtain maximum compensation. Usually, there’s a direct relationship between the amount of evidence a Missouri City personal injury lawyer presents, and the amount of compensation a jury awards.
Evidence in a negligence per se case usually includes medical bills, witness statements, and the police accident report. Sometimes, the evidence is weak in one or more areas. Witness statements are a good example.
Freeway and late-night surface street wrecks often have no witnesses. Other times, witnesses usually don’t loiter at accident scenes to give official statements to police officers.
Electronic evidence, such as a vehicle’s Event Data Recorder, often fills in the gap. The EDR, which is an onboard systems monitoring computer, is like an eyewitness that’s never biased or incorrect.
The benefits don’t stop there. EDR evidence is more specific than human eyewitness evidence. EDRs nail down specific speeds and steering angles, instead of general ones. Furthermore, tech-savvy Fort Bend County jurors often expect to see electronic evidence. If the victim doesn’t present it, the jury feels the case is incomplete.
Third Party Liability
Vicarious liability is especially important in fatal or catastrophic injury matters. Since most tortfeasors don’t have enough insurance to cover all the losses, victims need another source of recovery.
Many states have scaled back or eliminated their dram shop laws in recent years. But Texas still has one of the broadest such laws in the country. Commercial alcohol providers are liable for car crash damages if they illegally sold alcohol to a person who later caused a wreck. Illegal sales include sales to:
- Intoxicated People: Evidence on this point includes physical symptoms, such as bloodshot eyes and slurred speech, as well as prior purchases at that location.
- Underage People: The classic “s/he looked older” defense usually doesn’t hold up in court. In fact, liability may attach even if the tortfeasor used a fake ID.
The burden of proof in third party liability matters is only a preponderance of the evidence (more likely than not). So, a little proof goes a long way.
Other illegal sales include after-hours sales, even if they were only a minute or two after hours, and unlicensed sales.
We mentioned punitive damages above. Jurors almost always award punitive damages if a commercial provider overserved a customer who later caused a crash. The dram shop law also applies in other injury cases, such as physical or sexual assaults.
Connect With a Thorough Fort Bend County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. Virtual, home, and hospital visits are available.
Source:
abc13.com/post/deadly-eastex-freeway-crash-man-charged-intoxicated-manslaughter/15038891/
