On May 24, 2020, an 18-year old male was arrested after driving while intoxicated and causing a serious automobile accident that left a 26-year old woman with a broken leg and her 7-year-old child clinging to life. According to the Harris County Sherriff's Office, the crash happened around 9:22 p.m. on Highway 6 near Pavilion Point in southwest Harris County. Investigating Deputies indicated a black Nissan Maxima was headed southbound in the left turn lane when the teen driver failed to yield right of way and turned in front of a black Honda Accord that was heading the opposite direction. The teen driver initially fled the scene but later returned.
The adult victim suffered a broken leg and her 7-year-old child suffered facial and skull fractures. Both the mother and child were life-flighted to Memorial Hermann Hospital, where the 7-year-old remains in critical condition.
According to the Harris County Sherriff's Office, the teen driver admitted to drinking before the accident and was more than twice over the legal limit for drinking aged adults. He was charged with four counts of intoxication assault and four counts of failure to stop and render aid.
Texas Law Regarding Drunk Driving
Under Texas law, anyone aged 21 years or older with a blood or breath alcohol concentration (BAC) level of .08% or higher is considered legally drunk. For those under the age of 21, any BAC amount is considered legally drunk. Texas has a zero tolerance policy for drunk drivers under 21 years of age.
Who Will Be Held Responsible For a Drunk Driving Accident?
If you're injured in a drunk driving accident, Texas law allows you to sue the drunk driver. However, in certain situations, you can also sue the business or other third party that provided the alcohol to the drunk driver. In Texas, this is known as a “dram shop” claim. Texas Alcoholic Beverage Code Chapter 2 provides that those who sell alcohol may be held liable for an injury if:
The alcohol was sold or given to a minor under the age of 18, or
When the alcohol was served, the customer was “obviously intoxicated” to the point that she or she posed a clear danger to the safety of self and others, and
The intoxication was a proximate, or foreseeable, cause of the injuries.
Proving “obvious intoxication” can be challenging. It is not the same standard as legal intoxication. A person can be legally intoxicated but may not be “obviously intoxicated” under Texas law. The experienced Houston Drunk Driving Accident Lawyers at Hernandez Redden Sunosky, LLP can help drunk driving accident victims meet this difficult legal burden.
Contact Hernandez Redden Sunosky, LLP for Help. Free Consult.
If you have been injured by drunk driver, contact Hernandez Redden Sunosky, LLP at (713) 981-4100 for a free, no obligation consultation with our Houston Drunk Driving Accident Attorneys. We will evaluate your claim and help you understand which legal options may be available to help you obtain the justice and compensation you deserve.
We work only on a contingency fee basis, which means there are no upfront fees for our services. You only have to pay us if we recover compensation for your case.