Who is Responsible When a Drunk Driver Kills Someone?

What Happens When a Drunk Driver Kills Someone?

On August 19, 2024, a catastrophic accident occurred on Interstate 35W in Fort Worth, Texas, resulting in the deaths of five family members, including two children. The crash, involving a suspected drunk driver in a Chevrolet Camaro, has sent shockwaves through the community and reignited discussions about the pervasive issue of impaired driving. This comes only one week after a Fort Worth police officer was killed by a drunk driver. In this article, our Fort Worth car accident lawyer explains what happens when a drunk driver kills someone.

Details of a Recent Fatal Crash

The incident unfolded when an intoxicated 19-year-old drove a Chevrolet Camaro at excessive speeds on the northbound lanes of I-35W. The driver lost control of the vehicle and violently rear-ended a sedan carrying a family of five. The force of the impact was so severe that it caused the sedan to burst into flames, tragically claiming the lives of all occupants.

Legal Implications and Potential Liability

Criminal Responsibility

The 19-year-old driver faces five counts of intoxication manslaughter, a second-degree felony in Texas. If convicted, each count carries a potential sentence of 2 to 20 years in prison and a fine of up to $10,000. Given the multiple fatalities, the driver could potentially face life in prison if sentenced consecutively. Notably, the legal age to drink in Texas is 21, so the 19-year old should not have been drinking at all. [Similarly, the driver who killed the Fort Worth officer was on probation and not allowed to drink alcohol.]

Insurance Claims

The insurance situation in this case could play a crucial role in potential compensation for the victims’ families:

1. Driver-Owned Vehicle: If the 19-year-old driver owned the Camaro, his auto insurance policy would be the primary source for a claim. However, given the severity of the accident and multiple fatalities, the policy limits may be quickly exhausted.
2. Permissive User: If the driver was using the Camaro with the owner’s permission (a “permissive user”), the vehicle owner’s insurance policy would typically be the primary coverage. In Texas, this coverage usually extends to anyone using the car with the owner’s consent.
3. Policy Limits: It’s important to note that most personal auto insurance policies have per-person and per-accident limits. In a catastrophic case like this, these limits may be far below the actual damages incurred.
4. Umbrella Policies: If either the driver or the vehicle owner (in case of permissive use) has an umbrella insurance policy, this could provide additional coverage beyond the auto policy limits.
5. Uninsured/Underinsured Motorist Coverage: If the victims’ own auto insurance included uninsured/underinsured motorist coverage, their estates might be able to make a claim against this coverage if the at-fault driver’s insurance is insufficient.

Potential Claimants in a Deadly Drunk Driving Accident

Since the entire family perished in the accident, the following parties may have standing to bring wrongful death claims:

1. Estates of the Deceased: The personal representatives of the estates of both the parents and children can file wrongful death claims on behalf of the deceased.
2. Surviving Family Members: Under Texas law, parents, children, and spouses of the deceased can file wrongful death claims. In this case, grandparents, siblings, or other close relatives of the deceased family members may have standing to sue.

Additional Parties That Could Be Held Liable

1. Vehicle Owner: If the Camaro was not owned by the driver but was entrusted to them by someone who knew or should have known about the driver’s intoxication or history of reckless driving, the owner could face liability under negligent entrustment laws.
2. Alcohol Providers (Dram Shop Liability): If the driver was served alcohol at a bar, restaurant, or other establishment despite being visibly intoxicated or underage, the business could be held liable under Texas’s dram shop laws.
3. Social Hosts: If the driver consumed alcohol at a private residence, the host could potentially be held responsible if they knowingly served alcohol to a minor or an obviously intoxicated person who they knew would be driving.

Compensation and Damages

Potential damages in a case like this could include:

• Funeral and burial expenses
• Loss of future income and benefits
• Loss of companionship and consortium
• Pain and suffering of the deceased before death
• Punitive damages (given the egregious nature of drunk driving)

Fort Worth Drunk Driving Statistics

To provide context for this tragedy, it’s important to examine recent statistics on drunk driving in Fort Worth:

• According to the Texas Department of Transportation, there were 120 traffic fatalities in Fort Worth in 2022.
• Statewide, 1,163 people died in crashes involving drunk driving in 2021.
• On average someone is killed by a drunk driver every 8 hours in Texas.
• From 2012 to 2021, there were 13,536 fatalities involving drunk driving in Texas, accounting for 37 percent of all traffic fatalities.

These statistics underscore the ongoing challenge of combating drunk driving in the region.

Legal Challenges and Considerations

1. Auto liability insurance: The drunk driver’s auto insurance policy may cover damages up to the policy limits, but many policies exclude coverage for intentional acts or criminal behavior.
2. Uninsured/underinsured motorist coverage: If the drunk driver is uninsured or their coverage is insufficient, the victim’s family may need to rely on their own uninsured/underinsured motorist coverage.
3. Wrongful death claims: The victim’s family may file a wrongful death lawsuit, which could involve various insurance policies depending on the circumstances.
4. Dram shop liability: In some jurisdictions, establishments that served alcohol to the driver may face liability, potentially involving their commercial liability insurance.
5. Insurance Coverage Disputes: There may be legal battles over the extent of insurance coverage, especially if policy limits are insufficient to cover the damages. This could involve disputes between different insurance companies or attempts to stack multiple policies.

Community Impact and Prevention Efforts

This tragic incident has galvanized the Fort Worth community to take action against drunk driving. Some potential initiatives include:

1. Enhanced education programs in schools and communities about the dangers of impaired driving
2. Promotion of ride-sharing services and designated driver programs

Contact Us

If you were injured or if you lost a family member due to a drunk driver, reach out to us today. We can help. This drunk driving accident is a stark reminder of the devastating consequences of impaired driving. Our goal is to seek justice for victims and drive systemic change to combat drunk driving. Call 817-203-2220 today for a fee consultation with an experienced personal injury lawyer.