When a person chooses to drink alcohol and drive, they put themselves and others at risk for potentially serious bodily injury and death. Texas law dictates that a driver with a blood alcohol level of .08 percent or higher is guilty of drunk driving (those drivers that are age 20 or younger are not permitted to have any positive BAC test). A 40-year-old man was recently arrested and charged in Texas for his alleged intoxication that is said to have resulted in a fatal accident.

The man claims that he was exiting a fast food restaurant and drove into the left lane, where he hit a pedestrian. It is not clear if the driver saw the pedestrian beforehand. The impact of the collision resulted in major injuries for the pedestrian, who was taken to a local hospital in an attempt to save his life. Unfortunately, the injuries were too severe, and the man died shortly after arriving at the hospital.

Even though the driver refused a breath test at the time of the accident, an investigation determined that the man’s blood alcohol level registered at .102 percent at least 30 minutes after the crash. He was charged with drunk driving and was released on a $7,500 bond. It was not reported if further charges relating to the man’s death as a result of the accident are expected, but no additional charges were listed at the time of the report.

Deaths that result from driving while under the influence of alcohol and/or drugs are very difficult to accept. The victim’s family in this fatal accident likely has unanswered questions about how such a seemingly senseless act could have taken the life of their loved one. Texas law affords them the right to seek financial redress in the form of a wrongful death civil lawsuit. If they are able to prove by relevant evidence that the driver negligently caused or materially contributed to the victim’s death, our courts will adjudicate claims for specific items of financial damages that are recognized under our laws.

Source: statesman.com, “Driver identified in fatal crash; friends say victim was Austin blogger”, Farzad Mashhood, April 27, 2014