Drunk Texting Driver Auto Accident
This case involved a drunk, texting driver who struck a disabled vehicle resulting in injury to both a teacher and her passenger.
A local teacher had been at a social gathering at another teacher’s home. As the gathering broke up one of the other ladies asked her to follow her to the gas station as she was low on fuel. As the teacher followed her friend the friend ran out of gas and coasted to a stop in the right lane of a four-lane highway. The teacher pulled her van up behind the disabled vehicle and activated her emergency flashers. Her friend came back and got in the van with her and they called for someone to bring them gasoline.
As they were waiting the defendant approached them from the rear at a high rate of speed. The defendant had been at a bar and had consumed alcohol to the point that he was intoxicated. As he approached the disabled vehicle he was texting and failed to notice the emergency flashers. He struck the van with such force that the van was propelled into the disabled vehicle in front of it and caused the defendant’s vehicle to flip up on its side and slide down the highway. As the defendant was crawling from his car the local police arrived. The defendant argued that he was not actually drunk but was in fact just distracted by texting. The defendant was arrested and charged with driving while intoxicated.
The drunk, texting driver was insured by a well known major insurance company. The defendant’s insurance company took their “stand” and offered the ladies less than their medical expenses. The ladies, knowing that they were not in “good hands” without a lawyer, hired a Tyler injury lawyer. The lawyer filed a lawsuit seeking not only actual damages but also punitive damages to punish the driver for driving while intoxicated and texting while driving.
The discovery in the case established that the defendant had a long history of driving while intoxicated and criminal misconduct. The Tyler Injury lawyer sent a Stowers demand for the defendant’s insurance policy limits and the defendant’s insurance company changed their stand and tendered the policy limits.
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