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New Braunfels truck accident attorneyDrunk driving is a serious problem in Texas. Not only does Texas have the largest number of fatal accidents involving alcohol intoxication, but alcohol also accounts for an outsized percentage of fatal accidents in Texas compared to most other states. All drunk drivers can be a severe danger to themselves and others on the road, but intoxicated truck drivers are capable of causing especially dangerous accidents and severe injuries.

Deterrents Against Truck Driver Intoxication

Commercial truck drivers are subject to strict laws and regulations regarding alcohol and drug use, both at a federal level and within the state of Texas. For example, the Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to administer drug and alcohol tests for their drivers under a variety of circumstances, including before hiring, after an accident, and when there is reasonable suspicion of intoxication.

Additionally, under Texas state law, the driver of a commercial truck can be charged with driving while intoxicated (DWI) and lose their commercial driver’s license for at least a year if they are found to have a blood alcohol concentration of at least 0.04 or any amount of controlled substance in their body while operating a commercial vehicle. However, despite these deterrents, intoxicated drivers are still the source of many truck accidents in Texas.

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Posted on in Car Wrecks

TX car accident lawyerRecently, two vans crashed near the intersection of SW Military Highway and I-35, after an alleged drunk driver crashed his Mazda transport van into a Dodge minivan carrying five people after driving the wrong way down the highway. Two adults, including the alleged drunk driver, and a three-year-old child were taken to University Hospital, with the adults in “serious” condition and the child receiving “minor injuries.” Law enforcement states that the Mazda driver will almost certainly be charged with intoxication assault, and in addition to the criminal charges, the family of the adult and child could easily file suit against the drunk driver for the injuries that their loved ones have suffered.

Elevated Dangers

The driver of the Mazda was allegedly driving while intoxicated, sending his vehicle down the wrong side of SW Military Highway before it struck the Dodge minivan. This tracks with nationwide statistics about wrong-way drivers - the National Transportation Safety Board (NTSB)’s analysis of data from the Fatality Analysis Reporting System (FARS) shows that approximately 60 percent of all those wrong-way drivers had at least some alcohol in their systems at the time of their accidents. In addition, the majority of wrong-way drivers also tend to be male (though women are represented to a degree in statistics) and on the younger side.

Wrong-way accidents are among the most dangerous, making up a disproportionately high fatality rate (between 12 and 27 percent higher than other types of crashes, depending on the studies one reads). Between the sheer force of what is often a head-on collision, plus the fact that alcohol is frequently involved, fatalities are far more common than one might expect, and even if someone survives a wrong-way crash, their injuries can be extensive. Your bills, or the bills for an injured loved one, can seriously affect your family’s livelihood, and it is important to know that you have options to try and seek compensation.

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 TX injury lawyerThe Texas Department of Transportation (TxDOT) issued a statement on November 7, 2018, stating that it has officially been 18 years - since November 7, 2000 - since the last death-free day on Texas roadways. This is a statistic that is unique to Texas - no other state has posted so many consecutive years without a death-free day, for several different reasons. It can be frightening to hear such a statistic, but there are ways that you can give yourself the best chance to avoid being in an accident while you travel in Texas.

Minimize Distracted Driving

One of the most often seen factors in fatal road accidents is distracted driving, whether texting or other types of behaviors. Statistics report that roughly one in five accidents on Texas roads involves distracted driving, with over 3,000 fatalities and serious injuries reported in 2017 related to this specific type of car crash. It is very easy to imagine that you will somehow avoid the potential negative consequences, but over time, the odds catch up with everyone. If you cause an accident while you are driving distracted, you could wind up being held liable for the injuries you cause, and that can add up, even with insurance.

Be advised that Texas passed a law in 2017 making texting while driving (including reading, writing or sending a text message) a traffic violation. This may, in some cases, leave you open to a claim of negligence per se, which can increase your liability. Normally, in order for a plaintiff to hold a defendant liable for their injuries, they must show that they breached the duty to exercise reasonable care and that the harm they suffered was caused directly by the plaintiff. In cases where it can be shown that the defendant broke a law and harmed a member of the class designed to be protected by that law, such as the general populace under a texting-while-driving ban, negligence per se is often assumed, meaning that a breach of the duty of reasonable care can be inferred and does not have to be proven.

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Texas injury attorney, Texas accident lawyerThe Fourth of July is meant to be a day of celebration. From cookouts in the afternoon to fireworks at night, it is a day intended to be spent with friends and family. Unfortunately, for many individuals in the U.S., a fun day off of work quickly becomes tragic when drunk drivers head onto the road. July 4th weekend is one of the deadliest holiday weekends each year – often worse than New Year’s Day, according to the Insurance Institute for Highway Safety.

Fourth of July Accident Statistics

Every year on July 4th, an average of 118.4 individuals are killed in accidents, IIHS reported. Coming in a close second is New Year’s Day with an average of 118.2 deaths per year, for the years between 2010 and 2014.

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Texas injury attorney, Texas car crash lawyerA driver in Houston has been charged with intoxication manslaughter after he hit a worker in early October. The accident occurred just before 2 p.m. and police believe the driver was intoxicated at the time. Unfortunately, drunk driving accidents that lead to serious injuries and deaths are all too common in Texas. Less than two weeks earlier a woman was killed in Harris County after a suspected intoxicated driver ran a red light and hit her vehicle head-on. This driver will also likely face intoxication manslaughter charges.

Alcohol-Related Crashes in Texas

Despite driving while drunk or impaired by drugs being illegal In Texas and throughout the U.S., many people still choose to get behind the wheel after drinking or taking controlled substances. These actions led to more than 10,000 alcohol-related crashes in Texas in 2015, according to the Texas Department of Transportation. Of these accidents, 861 were fatal that year, killing a total of 960 individual. Another 2,187 people suffered incapacitating injuries.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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