If you were injured as a passenger in a drunk driving crash, you may be left with painful injuries, expensive medical bills, and a lot of questions about your rights. A Corpus Christi car accident lawyer can explain how Texas law protects passengers and what legal options may be available. The Burkett Law Firm works with people in situations like this and understands how overwhelming the aftermath can be.
Several factors can affect whether you can file a claim, how much compensation you may recover, and who can be held responsible. These factors include state laws, the role of insurance companies, and the courts’ perspective on passenger responsibility. Understanding the big picture helps you make better decisions about your next steps.
Below, we’ll break down the most important points you need to know about suing as a passenger in a drunk driving accident in Texas.
Key Takeaways
- Passengers injured in Texas drunk driving crashes often have more legal options than they realize, including the right to sue the driver or others who contributed to the accident.
- Liability in these cases can extend beyond the driver to bars, restaurants, or even social hosts who played a role in providing alcohol.
- Working with a Corpus Christi car accident lawyer like the Burkett Law Firm can help you cut through insurance defenses and fight for the full compensation you deserve.
Passengers Can Sue Under Texas Negligence Laws
In Texas, a passenger injured by a drunk driver has the same legal right to file a negligence claim as anyone else hurt in the crash. The law does not bar you from suing simply because you were in the intoxicated driver’s vehicle. If the driver’s actions caused your injuries, they can be held financially responsible.
Comparative fault rules and passenger claims
Texas employs a modified comparative fault system, which can affect the amount of compensation you receive. If you knew the driver was impaired and still chose to ride along, a court might assign you partial responsibility. As long as your share of fault is below 51 percent, you are still eligible to pursue damages for your injuries.
Third-party liability under dram shop laws
Under Texas dram shop laws, passengers may also pursue claims against bars or establishments that served the drunk driver. If a business provided alcohol to someone who was clearly intoxicated or underage, it could share liability for the crash. These claims often hinge on strong evidence such as receipts, bar tabs, and witness accounts of overservice.
Insurance company defenses and strategies
Insurers frequently push back on passenger claims, arguing you assumed the risk by entering the vehicle. They also attempt to minimize payouts by questioning medical records or shifting blame onto other parties. Working with an accident lawyer in Corpus Christi, Texas, helps ensure that these tactics are countered with strong evidence and effective negotiation.
Comparative Fault May Affect Your Compensation
Texas law reduces compensation if you are partly responsible for the crash. A jury could decide you share some blame if you got into a car with a driver who was clearly drunk. Your settlement amount will decrease based on the percentage of fault assigned to you.
You can still receive money for your injuries as long as your share of fault is 50 percent or less. This rule protects passengers who made a mistake but were still harmed by the driver’s poor choices. A Corpus Christi jury will weigh the facts before deciding how much responsibility falls on you.
Social Hosts Can Also Be Held Accountable
When an adult provides alcohol to someone under 18, Texas law allows them to be held responsible if a wreck happens. A passenger injured in a crash with an underage drunk driver might have a valid case against the person who hosted the gathering. Holding a social host accountable gives you another chance to recover for the harm you suffered.
Evidence plays a big role in proving these claims, and small details can make a difference. Party photos, witness testimony, or receipts for alcohol are often used to show the host’s role. Working with a Corpus Christi car accident lawyer gives you the support needed to connect these facts and push for fair compensation.
Insurance Limits Often Complicate Recovery
Many drunk drivers carry only the minimum coverage allowed under Texas law, which rarely matches the cost of severe medical care. Passengers often face large bills when the driver’s policy runs out before expenses are paid. An experienced lawyer can uncover other ways to pursue compensation beyond the at-fault driver’s insurance.
Here are key areas that may provide additional recovery options:
- Uninsured and underinsured motorist coverage – This coverage on your own policy can help pay when the drunk driver’s insurance falls short. It can also apply if the driver had no insurance at all, giving you another avenue for support.
- Personal injury protection benefits – These benefits often pay out regardless of fault and can cover medical costs and lost wages. Reviewing your policy closely ensures you receive the full amount available.
- Third-party liability insurance – In some cases, bars, restaurants, or social hosts may carry insurance that applies if they contributed to the driver’s intoxication. This type of coverage can provide significant resources to support your claim.
Exploring every possible insurance source is critical to protecting your health and financial stability after a drunk driving crash.
Fight For Your Rights With A Corpus Christi Car Accident Lawyer
Riding with a drunk driver may leave you facing injuries and uncertainty, but Texas law gives passengers clear options to seek justice. You don’t have to carry the financial and emotional burden alone when legal help is available. The Burkett Law Firm is ready to stand by your side and push for the compensation you deserve.
Frequently Asked Questions
Can I sue a drunk driver in Texas if I was a passenger in their car?
Yes, Texas law allows passengers to file a claim against a drunk driver who caused their injuries. Even if you knew the driver had been drinking, you may still have a valid case.
Who else can be held responsible for a drunk driving accident in Texas?
Liability doesn’t always stop with the driver, because bars, restaurants, or even social hosts who provided alcohol may also be accountable under Texas law. This means passengers have more potential sources of compensation than just the driver’s insurance.
How long do I have to file a lawsuit after a drunk driving crash in Texas?
The statute of limitations in Texas is generally two years from the date of the accident. Waiting too long can cost you the chance to pursue compensation, so it’s important to act quickly.
