How much will a Texas driver be compensated after being hit by a drunk driver?

| Jul 13, 2021 | Car accidents

Every day of the week, an American dies as the result of a collision with a drunk driver. Some people may still insist they are “okay” to get behind the wheel and drive, despite the fact that they may be too intoxicated to drive safely.

Injured drivers and passengers may be entitled to compensation

Drivers may be able to sue a driver who was intoxicated when they were hit. The passenger in the vehicle may also be able to receive financial compensation under Texas law.

In 2017, Texas posted the highest number of deaths related to drunk driving in the United States. More than 100,000 collision victims survived their injuries. The costs to the state and individuals struck by intoxicated drivers may go beyond financial expenses. Surviving drivers may suffer from injuries, psychological damage, future medical expenses, property damage and lost income.

What is the 50 percent modified comparative negligence law?

Under Texas law, injured drivers and passengers may have to prove that the other driver was at fault for the accident and their injuries.

Even if the injured and sober driver hurried through a yellow light, trying to beat the red before they were hit, they may still be able to recover damages. Texas operates under a “modified comparative negligence” model.

The judge (or a jury) has to determine the levels of fault for all drivers involved in the accident. If the injured driver was responsible for a lower measure of the accident, they may receive damages. These may be lowered in proportion to the injured driver’s portion of the fault.

Is there a statute of limitations?

Drivers injured by an intoxicated driver have two years to file a lawsuit to recover damages. Once they know the other driver was drunk, they may begin working on a claim.