FAQs: Drunk Driving Death Lawyer in Texas

Q: Can a family member of someone involved in a car accident file a lawsuit for the person killed in the accident?

A: Yes, it is possible for a representative of a family member who was killed or severely injured in a car accident caused by a drunk driver to file a lawsuit on their behalf or the behalf of their estate. If the family member was killed in the accident, the damages would consider all loss of financial income, pain and suffering, and any loss of guidance for surviving children.


Q: If a drunk driver killed my spouse in a car accident, but his BAC was below the legal .08, can I still file a lawsuit against him for the loss and damages?

A: BAC, (blood alcohol concentration), is the standard given in the laws against drunk drivers. The BAC is a measure to explain the level of alcohol in a person's blood and an indicator of how many drinks that person had. Expressed as weight of alcohol in each unit of blood; it can be measured by a breathalyzer test. For example, at 0.8 percent BAC, which is the legal BAC limit, there are 800 mg of alcohol for every 800 ml of blood. Generally, even if the driver was not "legally" drunk, the intoxication will be considered in the driver's negligence that caused the accident and fatality. You should contact an attorney to help you proceed legally and make sure your rights are protected.


Q: What is the mission of MADD?

A: MADD’s ultimate goal as an organization is to eliminate drunk driving from our roads. That would eliminate approximately 16,000 deaths in the U.S. each year, countless injuries, and emotional pain and suffering of all the families of those killed.


Q: A relative was killed in an accident involving a person who was driving a company vehicle. Who can my family recover from for her death and damages?

A: If the person was driving while they were at work and intoxicated (e.g., a delivery truck driver), then the employer was responsible for their actions, even if it violated company policy. If the circumstances apply, then you may be able to recover damages from the employer, not just the driver.


Q: A drunken teenager killed my son when he was walking home from a friend’s house. Since he was driving his parent’s car, can I sue them?

A: This sort of situation could be what is called a "negligent entrustment" case. This means that the parents were negligent in letting their son drive their car because they were not supervising his actions. This does not necessarily mean that you will have a larger settlement, but depending on the circumstances, the parents may be required to help cover any compensation over the insurance amount.


Drunk Driving Death Main Information Page

Wrongful Death Main Resource Information Page