Alcohol a Factor in Deadly Far West Side Crash
An area man faces serious charges after he was allegedly intoxicated while traveling on the wrong side of the road just before smashing into an oncoming vehicle.
The wreck took place near the intersection of West Military and Chinook. A male driver of a compact car collided head-on with another car. Three people – the male driver and the two occupants of the other vehicle – were all rushed to an area hospital. One victim, a 50-year-old woman, was subsequently pronounced dead. Police are unsure how long the male driver, who was described as “heavily intoxicated,” had been driving on the wrong side of the road.
The driver is currently facing one count of intoxication manslaughter along with one count of intoxication assault, and the charges could be upgraded later.
Alcohol Impairment
As little as one drink makes it dangerous to drive. Even low alcohol levels impair both judgment and motor skills. Alcohol is a depressant that makes it difficult to concentrate or multitask, and the reduced brain processing speed also reduces reaction time and muscular control. There are emotional effects as well, such as a feeling of euphoria and heightened responses (sad things become even sadder, and so forth).
In civil court, circumstantial evidence is normally enough to prove alcohol impairment. Such evidence includes:
- Erratic driving;
- Odor of alcohol;
- Unsteady balance; and
- Bloodshot eyes.
In some cases, the mere fact that a defendant visited a place where alcohol was served is enough to establish that, more likely than not, the defendant was alcohol-impaired.
Alcohol Intoxication
If authorities arrest the driver for DUI, based on either an insufficient control over mental or physical faculties or a blood-alcohol content, or BAC, at or above .08, it may be even easier to prove negligence and establish liability for damages.
Negligence per se (negligence “as such”) is very broadly applied in Texas, especially if the Legislature created a duty of care in the statute, which is clearly the case with DUI-related crashes. If the defendant violated a statute, the plaintiff need only prove that the statutory violation proximately caused the plaintiff’s damages. Negligence per se is also very subjective in Texas, underscoring the need for an aggressive attorney who knows the law.
Victims in alcohol-related crashes are often entitled to significant compensation., For a free consultation with an experienced New Braunfels personal injury attorney, contact our office. We do not charge upfront legal fees in car crash cases.
Sources:
http://foxsanantonio.com/news/local/wrong-way-driver-causes-head-on-crash
http://www.txdot.gov/driver/sober-safe/intoxication.html
https://scholar.google.com/scholar_case?case=3455703117051329707&q=Moughon+v.+Wolf&hl=en&as_sdt=6,44&as_vis=1
