Can I Sue if I Was Drunk but the Other Driver Was at Fault?
Being involved in a car accident is stressful under any circumstances, and it can feel even more complicated if you had alcohol in your system at the time of the crash. Many people worry that being intoxicated—even slightly—will prevent them from pursuing a personal injury claim. The good news is that in Texas, you can still sue if the other driver caused the accident. Your own alcohol consumption does not automatically bar you from seeking compensation, though it may influence certain aspects of your case.
Understanding Alcohol and Civil Liability in Texas
While drinking and driving is illegal, Texas law distinguishes between criminal liability and civil liability. Just because you had alcohol in your system does not mean you caused the accident. If the other driver was at fault, you may still be entitled to compensation for:
Medical bills and treatment costs
Lost wages or reduced earning capacity
Pain and suffering
Emotional distress related to the accident
Insurance companies and courts primarily consider who caused the collision. Your intoxication might be noted, but it does not automatically disqualify you from recovery, especially if the evidence shows the other driver was responsible.
Potential Challenges in Your Case
It is important to understand how alcohol consumption could affect your claim:
Contributory or Comparative Negligence
Texas follows a proportionate fault system, which means your compensation may be reduced if you are found partially at fault. For example, if a jury believes your alcohol consumption contributed to the accident in any way, your settlement could be reduced proportionally. However, if the other driver clearly caused the crash, this impact may be minimal.Insurance Company Scrutiny
Insurance companies may try to use your alcohol use to limit or deny your claim. They might argue that your injuries were caused or worsened by intoxication rather than the accident itself. This is another reason why having an experienced attorney is critical.Perception in Court
If your case goes to trial, jurors may be influenced by your alcohol consumption. While this doesn’t automatically mean you lose, it highlights the need for careful presentation of the facts and evidence linking your injuries directly to the other driver’s negligence.
Steps to Protect Your Claim
Even if you had alcohol in your system, you can take steps to strengthen your case:
Seek immediate medical care for any injuries, even minor ones. Documenting your injuries is critical.
Document the accident thoroughly, including police reports, witness statements, and photographs.
Avoid discussing the accident publicly or on social media, as insurers may use statements against you.
Consult an experienced car accident attorney as soon as possible. They can guide you through negotiations or litigation and protect your rights.
Why Legal Guidance Matters
An experienced attorney can:
Analyze the circumstances of your accident to determine the extent of your claim
Handle insurance company tactics designed to reduce your compensation
Collect medical records and other evidence to prove the other driver’s fault
Ensure your claim accounts for all damages, including future medical care, lost wages, and long-term effects
Even if you had alcohol in your system, a skilled attorney can help ensure that your injuries are properly valued and that your case is presented fairly.
