Negligence in McKinney Drunk Driver Accidents

The role of negligence in McKinney drunk driver accidents can be very significant in determining whether an individual is eligible to recover compensation for their injuries. This will ultimately depend on Texas’ comparative negligence and dram shop laws. While comparative negligence allows a driver to recover compensation as long as they were not over 50% responsible for causing their accident, dram shop laws allow a driver to hold a bar or restaurant partially at fault for over-serving them and causing their excessive inebriation. Read on to learn more about what goes into negligence in McKinney drunk driver accidents, as well as the ways a skilled injury attorney could represent your best interests today.

Comparative Negligence in McKinney Drunk Driver Accidents

When the majority of the fault belongs to the drunk driver and a minority of the fault belongs to the plaintiff, those cases can be and should be pursued. Texas is a modified comparative negligence state, which means that an at-fault driver will be held responsible for his or her fault. If the at-fault driver or partially at-fault driver happens to be the individual who is injured and bringing the claim, they can bring a claim as long as they are not more than 50% at fault.

This is known as the 51% bar rule. For example, if a drunk driver hit somebody and the jury finds that the drunk driver is 90% at fault and the plaintiff is 10% at fault, then the injured party will be able to recover 90% of their own damages. In addition to that, because there is a DWI involved, the plaintiff can still go after the DWI driver for punitive damages. Those damages can still be awarded even if the injured party is partially at fault.

What if the Plaintiff was Inebriated?

The outcome of cases in which the injured party is also the drunk driver depends upon two factors. The first factor is the causation of the accident. There have been situations in which a driver was drunk but was not at fault for the accident. Perhaps they were sitting at a stop sign and were hit by somebody else. There have been situations in which someone was intoxicated in a place in which they had a right to be that was not on the road, and were then hit by a drunk driver. That has happened a number of times, particularly in second-driver collisions. Some of the worst damage collisions occur when there is somebody stranded on the side of the road due to another accident, whether it is a drunk driver accident or not, and then a drunk driver plows into them. The mere fact that the plaintiff was intoxicated does not mean that they do not have an ability to make recovery. A lot of it depends upon fault.

Dram Shop Laws

The second factor when dealing with a driver who is intoxicated is the dram shop aspect of the case. The law is fairly clear that the more intoxicated an individual is, the less responsible they probably are and the more responsible the bar or restaurant that over-served them probably is. It is one thing to serve a patron to the point of bare minimum legal intoxication, which potentially would result in some responsibility for the bar. It is something else to over-serve someone until he or she cannot function, and then allowing them to drive home, exposing all parties to horrific harm, including the drunk driver.

The law in Texas on dram shop does allow the drunk driver to maintain the claim. However, the law still splits fault between the drunk driver and the potentially at-fault bar. If the driver is more than 50% responsible for his or her injuries, the law bars recovery under the 50% bar rule. While it is very difficult to make one of those claims actionable, in the right circumstance, it could still be possible.

The Role of a Professional Accident Attorney

If you wish to learn more about how negligence in McKinney drunk driver accidents could affect your ability to receive compensation, do not hesitate to reach out to a skilled injury attorney who could answer your questions. Consider scheduling your initial consultation with a lawyer knowledgable about negligence in McKinney drunk driver accidents today.

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Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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McKinney Drunk Driver Accident Lawyer