Texas Accident & Injury News
Passengers of drunk drivers may face charges in Texas.
Passenger Killed, Man Hospitalized After Single-Vehicle Accident on the Southeast Side
According to a KSAT News report, a man is dead, and a driver has been hospitalized after a single-vehicle accident on the Southeast Side.
Police reported the accident happened at around 1 a.m. today, February 27th, in the 9300 block of Natchez Trail Drive and South Presa Street on the Southeast Side. Two unidentified men were in the vehicle traveling down South Presa when the driver lost control and crashed into a school zone pole. The impact partially tore off the front of the vehicle. The passenger was pronounced dead at the scene–the driver was hospitalized with serious injuries, and later, an arrest warrant was issued against him for intoxication manslaughter. The Bexar County Medical Examiner’s Office will determine the identity and age of the victim who was killed.
Did You Know?
25.45% of traffic fatalities in Texas in 2023 involved at least one drunk driver.
Passengers of Drunk Drivers in Texas: What You Need to Know
Everyone should know that drunk driving is illegal and dangerous, and most people avoid it. But what happens if your driver gets charged with a DWI with you as a passenger? Can you get in trouble? What happens if you’re injured in an accident as the passenger of a drunk driver?
Let’s take a look at what Texas law has to say about it.
Can You Be Charged With DWI as a Passenger in Texas?
In Texas, to be charged with drunk driving, you have to:
- Be in control of the vehicle and are driving (or could drive),
- Be legally intoxicated or impaired.
So, if you’re a passenger riding in the backseat, you aren’t in control of the vehicle and can’t be charged with a DWI. Even if you’re in the front seat, you have to be in control of the vehicle to face drunk driving charges.
Alternatively, if you’re sitting in your car while it’s running in a public place (like a bar parking lot) and you’re intoxicated, you can be charged with a DUI even if you’re in the passenger seat. The point is that you need to be the one perceived to be driving (or about to drive) to face the charge.
Also, you must be legally intoxicated (BAC of 0.08% or higher) or appear too impaired to drive to face a DWI charge.
Related Charges Passengers Of Drunk Drivers May Face
Just because passengers can’t be charged with a DWI doesn’t mean you can’t face any charges. Some related charges that passengers of drunk drivers may face include:
- Public Intoxication — If you are drunk as a passenger and your driver is arrested, you may face public intoxication charges if you’re unable to get home or become belligerent or combative with the police.
- Open Container — It is illegal to have any open alcohol containers in the passenger compartment of a vehicle in Texas. If police find empty beer cans or bottles or any other type of open alcohol container, you could receive a citation and fines of up to $500.
- Drug Possession — If police find drugs or drug paraphernalia anywhere in the vehicle, you could be arrested even if they weren’t yours. You may detained as police try to determine who the drugs belong to.
Are Drunk Drivers Responsible for Passenger Injuries?
Typically, you can file a claim against the drunk driver if you were injured in a drunk driving accident as a passenger. Family members may also be entitled to file a wrongful death claim against a drunk driver for a deceased passenger.
However, passengers of drunk drivers may face challenges to their PI claims, such as:
- Comparative Negligence: Insurance companies may argue that you should have known your driver was drunk and, therefore, willingly participated in a dangerous activity.
- Uninsured Motorist: The drunk driver may not have insurance or not have enough insurance to cover the extent of your injuries.
- Multiple Injured Parties: If there is more than one injured passenger, insurance will limit the amount of compensation available to each party.
Who Can File a Wrongful Death Claim for a Passenger of a Drunk Driver in Texas?
In Texas, those who can bring a wrongful claim include:
- Spouses,
- Children (including legally adopted children),
- Parents (or legal guardian),
- And the executor of the deceased’s estate.
Injured a Passenger of a Drunk Driver? Call Shaw!
You could be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Missed Work,
- Pain and Suffering,
- Trauma/PTSD,
- Medical Bills,
- Wrongful Death,
- And More.
We’ll help you find out if you have a case for free.
Call Shaw at 800-862-1260 to schedule your free case evaluation with an experienced car accident lawyer today. There are no fees and no obligations attached–just the expert legal advice you need. Carabin Shaw has been a trusted name in San Antonio and throughout Texas for over 32 years because we put our clients first. We look forward to serving you.