For victims seeking justice, establishing fault is a critical step toward recovery. Under Texas law, the right evidence can make all the difference in proving liability and securing the compensation a victim needs. As a law firm that handles personal injury cases daily, we understand what it takes to build strong claims in these situations.
At Guerra Law Firm PC, we know how devastating drunk driving accidents can be for victims and their families in McAllen, Texas, and throughout southern Texas. These crashes often result in life-changing injuries, significant financial burdens, and emotional trauma.
When a driver makes the reckless decision to get behind the wheel while impaired, they put everyone on the road at risk. Contact us today.
Why Fault Matters in Drunk Driving Accident Claims
In Texas, the legal system requires fault to be established before damages can be awarded in a personal injury claim. Even in cases where a driver was clearly intoxicated, the injured party must still present evidence that ties the impaired driving to the accident and resulting damages.
Without this connection, it’s possible for the defense to argue that the crash was caused by something else, such as road conditions, weather, or even the actions of the injured party.
That is why fault is central to every drunk driving accident case. At Guerra Law Firm PC, we focus on uncovering every piece of evidence that strengthens the victim’s position. By grounding the case in solid proof, we can demonstrate how the intoxicated driver’s actions directly led to the injuries suffered.
Key Types of Evidence in Texas Drunk Driving Cases
Every case is unique, but several forms of evidence are consistently important in establishing fault. Texas law allows a variety of evidence to be used in court, and the strength of a personal injury case often comes from how well these different sources are tied together.
Here are the types of evidence that matter most in these cases:
Police reports and officer testimony: Initial accident reports often provide the foundation of a case. Officers who responded to the scene may document signs of intoxication, such as slurred speech, bloodshot eyes, or the smell of alcohol.
Breathalyzer and blood test results: Chemical tests showing a driver’s blood alcohol concentration (BAC) above the legal limit of 0.08% are some of the strongest forms of evidence in a drunk driving case.
Witness statements: Testimonies from passengers, other drivers, or bystanders can provide powerful accounts of what happened before and during the accident.
Field sobriety tests: Poor performance on balance or coordination tests administered by law enforcement can support claims of impairment.
Video evidence: Dash cams, surveillance footage, or even cellphone videos can provide undeniable proof of the driver’s condition or actions leading up to the crash.
Medical records: Linking injuries directly to the accident helps establish the connection between the driver’s impairment and the victim’s damages.
Accident reconstruction reports: Experts may analyze vehicle damage, skid marks, and road conditions to provide a scientific explanation of how the crash occurred.
By combining these forms of evidence, we can create a clear and persuasive narrative showing that the intoxicated driver’s decisions were the direct cause of harm.
The Importance of Police Reports & Chemical Tests
When law enforcement responds to a drunk driving crash, their observations are often crucial in building a personal injury claim. In Texas, police officers are trained to look for common indicators of intoxication.
Their reports can document whether the driver admitted to drinking, had open containers in the vehicle, or displayed behavior consistent with impairment.
Chemical testing results are equally significant. Texas has an implied consent law, meaning drivers who refuse breathalyzer or blood tests can face license suspension.
For personal injury claims, test results showing intoxication make it extremely difficult for the defense to argue otherwise. At Guerra Law Firm PC, we often use these records as cornerstone evidence when pursuing damages for our clients.
Witness Testimony & Its Role in Establishing Fault
Independent witnesses often provide some of the most persuasive testimony in drunk driving cases. Whether they saw the driver swerving, speeding, or ignoring traffic signals, their accounts can corroborate the claim of impairment. In Texas courts, unbiased third-party testimony carries significant weight.
Witnesses may also testify about the victim’s injuries and the aftermath of the crash. These accounts help juries and judges understand the impact of the accident beyond the numbers found in medical bills and repair costs.
By gathering these statements early, we strengthen the personal injury claim and reduce the risk of conflicting accounts later.
The Value of Video and Digital Evidence
In today’s world, video evidence is becoming increasingly common in personal injury claims. Dash cams, security cameras, and even smartphones can capture the behavior of drivers before and after a crash. For example, footage of a driver stumbling out of their vehicle after an accident can provide undeniable proof of intoxication.
Digital evidence also includes cell phone records, which may show that a driver was texting or calling while impaired. Combining proof of distraction with intoxication makes the fault case even stronger. At Guerra Law Firm PC, we often pursue these records aggressively because they can be the deciding factor in a personal injury case.
Medical Records and the Link to Damages
In addition to proving the other driver’s fault, personal injury claims in Texas must also show the extent of the victim’s damages. Medical records are essential for drawing this connection. Emergency room visits, diagnostic imaging, surgical reports, and physical therapy notes all help to establish how the accident directly caused the injuries.
Without this evidence, the defense may try to argue that the injuries were pre-existing or unrelated to the crash. By presenting detailed medical documentation, we can clearly demonstrate how the drunk driver’s actions resulted in physical harm and financial loss for the victim.
Accident Reconstruction and Expert Testimony
Sometimes, disputes about fault can’t be resolved through basic evidence alone. In those cases, accident reconstruction experts play a crucial role. By analyzing vehicle positions, impact points, and road conditions, these professionals can recreate the accident in a way that makes fault undeniable.
Under Texas law, expert testimony can be used in court to explain technical matters that are beyond the understanding of the average juror. At Guerra Law Firm PC, we work with qualified professionals when necessary to strengthen our personal injury claims and provide additional credibility.
Why Timing Matters in Gathering Evidence
One of the biggest mistakes victims make after a drunk driving accident is waiting too long to act. Evidence can disappear quickly. Witnesses’ memories fade, video footage is overwritten, and physical evidence at the scene is cleaned up.
Texas law imposes a statute of limitations on personal injury claims, typically giving victims two years from the date of the accident to file. While this may sound like ample time, building a strong case requires immediate action.
At Guerra Law Firm PC, we encourage clients to contact us as soon as possible so we can preserve critical evidence before it’s lost.
Comparative Fault in Texas
Texas follows a modified comparative fault rule, meaning that victims can still recover damages even if they’re partially at fault, as long as their share of responsibility is not greater than 50%. However, the amount of compensation is reduced by the percentage of fault assigned to them.
For example, if a victim is found to be 20% at fault for an accident, their damages will be reduced by that percentage. This makes gathering strong evidence even more critical. The clearer the proof of the other driver’s intoxication and negligence, the less likely it is that fault will be shifted to the victim.
Damages Available in Drunk Driving Accident Cases
Establishing fault is only the first step; the ultimate goal of a personal injury claim is to secure fair compensation. Victims in Texas may be entitled to several forms of damages, including medical expenses, lost income, property damage, pain and suffering, and in some cases, punitive damages designed to punish reckless conduct.
At Guerra Law Firm PC, we work to confirm that our clients receive the full range of damages available under Texas law. Drunk driving is a serious offense, and victims should be fully compensated for the harm caused.
Strong Legal Guidance
At Guerra Law Firm PC, we take this responsibility seriously. By applying our knowledge of personal injury law and aggressively pursuing evidence, we work to hold drunk drivers accountable and help victims rebuild their lives.
Drunk driving accidents are preventable, but when they occur, victims need strong legal representation to secure justice and fair compensation. We’re proud to serve McAllen, Texas, and surrounding communities. Call today.
