Drunk Driving in Texas: Protecting Victims’ Rights During the Holiday Season

Reg Reinoso

Author

As the holiday season approaches from Halloween through New Year’s, gatherings and celebrations often lead to an increase in alcohol consumption, which unfortunately brings a heightened risk of drunk driving incidents. Texas, already ranking as the second-worst state for drunk driving, faces an especially dangerous time on the roads during these months. 

In 2022 alone, the Austin-American Statesman reported over 42% of Texas traffic fatalities involved alcohol; a sobering reminder of the dangers we all face. Texas nearly doubled the national average of drunk drivers involved in fatal crashes. In that same year, the state saw an alarming 6.13 drunk driving deaths per 100,000 residents, compared to the national average of 4.02. This puts Texas in a dangerous position, especially during high-risk times like the holidays. The combination of alcohol consumption and road congestion makes it all the more important for Texas drivers to be vigilant, and for those injured by drunk drivers, to understand their legal rights. 

For those injured by drunk drivers, the criminal justice system focuses on prosecuting offenders, but it’s the civil courts that provide the path to true justice and compensation. Understanding this distinction is critical for victims seeking to recover from the physical, emotional, and financial toll of these accidents.

The Role of State Prosecutors and Civil Attorneys for Victims of Drunk Driving

Prosecutors are responsible for pursuing criminal charges against the drunk driver, focusing on ensuring the offender is punished according to the law. While they may communicate with victims to provide updates on the criminal case, their primary duty is not to seek compensation for the victim’s injuries or losses. That responsibility falls to civil attorneys, who can represent the victim’s interests in securing compensation for medical expenses, lost wages, and pain and suffering. Without a civil attorney, victims may be left without the financial recovery they need to rebuild their lives after the accident.

Even if a drunk driver is not convicted or charged in a criminal case, they can still be held accountable in a civil court under negligence laws. A civil claim allows victims to pursue compensation regardless of whether the driver’s blood alcohol content was below the legal limit or if legal loopholes prevented prosecution. The focus of a civil case is on the harm caused to the victim and proving the driver’s negligence, which can result in significant financial recovery for medical bills, lost wages, and other damages. Civil liability is separate from criminal prosecution, and it offers another avenue for justice and the main avenue for recovery.

As the holiday season approaches, it’s more important than ever to plan ahead and ensure that everyone gets home safely. Whether it’s designating a sober driver, using rideshare services, or stepping in to prevent someone from driving under the influence, we all have a role to play in keeping our roads safe. Look out for your friends, colleagues, and loved ones: Preventing a tragedy is always better than facing its aftermath.

This article is for informational purposes only and is not a substitute for legal advice.