The Story of Two Drunk Driving Victims Awarded More Than $301 Billion

Once every nine hours and six minutes, someone in the state of Texas dies as a result of a drunk driving crash. In the most recent year for which statistics are available, the Texas Department of Transportation reported 963 people were killed, and 2,114 were seriously injured in entirely preventable alcohol-related accidents.

In recent months, a jury decided to award the largest-ever personal injury verdict in the country’s history to a Texas family grieving the loss of two family members who were killed in a drunk driving wreck. The astonishing award is reportedly meant to serve as a public warning about the dangers of DUI. 

How the Accident Occurred

On November 12, 2017, Tamra Kay Kindred and her granddaughter, 16-year-old Aujuni Tamay Anderson, were driving home when they were struck by a drunk driver running a red light at a Corpus Christi intersection. Toxicology reports later showed Joshua Delbosque, the driver of the other vehicle, had been driving with a blood alcohol concentration of .263, several times higher than the legal limit.

Kindred and Anderson were both fatally injured in the crash, as was Delbosque. In 2018, Kindred and Anderson’s family filed a civil complaint against Beer Belly’s Sports Bar and its owner, alleging they overserved Delbosque, thereby causing the drunk driving accident. Under Texas’ dram shop law, alcohol providers can be held responsible for damages caused by patrons if they sell alcohol to “obviously intoxicated” individuals who could present a danger to themselves or others.

The family’s complaint claims that Beer Belly’s “knew or should have known” that Delbosque was dangerously drunk and should not have served him alcohol. The complaint also states that Delbosque’s intoxication was a direct contributing factor in the fatal crash.

Following a brief trial in December of 2021, a Texas jury awarded Kindred and Anderson’s family more than $301 billion for their losses, which is reportedly the highest personal injury verdict ever in U.S. history. 

Will the Family See the Award?

Unfortunately, the family is unlikely to ever receive any of the $301 billion from Beer Belly’s or its owner. The bar is permanently closed, and the former owner does not have enough money to pay the award. The Texas Alcoholic Beverage Commission says the bar’s liquor license expired in September 2019 and has been canceled.

Instead, the verdict is largely symbolic. The intent was to remind Corpus Christi and other Texas communities of the often-tragic consequences of drunk driving. 

The family’s lawyers say they mean to pursue “some sort of compensation” for Kindred and Anderson’s loved ones. They also hope their efforts will inspire the Texas Alcoholic Beverage Commission to begin requiring alcohol providers to carry insurance. 

Contact a Texas Car Accident Lawyer Today

If you or someone close to you was injured or killed in a Texas drunk driving accident, you need help from a dedicated car accident lawyer who can demand the compensation you deserve. At the Law Offices of Michael J. Gopin, PLLC, our trusted legal team has more than 30 years of combined legal experience. We’re not afraid to stand up for our client’s rights and hold drunk drivers accountable. Contact us today to learn more about your legal options in a free initial consultation.

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Drinkers Can’t Tell the Drunk Driving Limit

Alcohol can cause significant impairment when a person becomes inebriated, resulting in blurred vision, delayed reaction times, impaired judgment, and more. An intoxicated person behind the wheel of a vehicle can be a serious danger to themselves and others. 

Unfortunately, drunk driving accidents occur at alarming rates. That’s because many drinkers don’t realize when they’ve reached the legal limit. Someone might feel like their driving abilities haven’t been compromised, but the amount of alcohol they have in their system could tell a much different story.

Drivers will get behind the wheel of their cars after consuming alcohol, thinking they can handle the drive home. However, a slower reaction time, poor decision-making skills, and reduced coordination prevent them from operating their vehicles safely, resulting in drunk driving accidents. According to the National Highway Traffic Safety Administration, 28 people die in accidents involving drunk driving every day in the United States. 

Do You Know When You’ve Had Enough to Drink?

Researchers at the University of Cambridge performed a study with 90 participants to determine whether they knew when to stop drinking before driving. The researchers split the students into two separate groups. Everyone consumed wine or beer until their breath alcohol concentration (BrAC) reached 0.11 percent.

Once the participants reached a BrAC of 0.05 percent, researchers informed them to switch from wine to beer or vice versa. Researchers tracked how much alcohol each person drank using breathalyzers. The participants were supposed to guess the amount of alcohol in their system and determine when they had reached the legal limit.

The alcohol concentration in more than one-third of the participants exceeded the limit. On the second day of the study, more than half of the participants exceeded the limit by the time they determined they reached the legal level of intoxication.

How to Better Monitor Intoxication

Driving under the influence is dangerous. Although some motorists believe they can drive safely after having a few drinks, the risk of an accident increases.

The results of the two-day study described above show how little people know about the effects of alcohol on their bodies. Everyone must understand how alcohol affects their ability to drive safely. The effects are very individual. One drink might not have much of an impact on one person but could significantly impair another person’s driving abilities. The best option is to avoid driving after drinking any amount of alcohol.

In an Accident with a Drunk Driver? El Paso Car Accident Attorney Michael Gopin Can Help

Since 1987, the legal team from the Law Offices of Michael J. Gopin, PLLC has represented clients injured by the negligence of others. Drunk driving accidents can lead to severe injuries and have long-lasting consequences for the victims. You deserve the chance to hold the at-fault driver liable and seek the maximum compensation available. 

If you were injured in an accident caused by a drunk driver, do not hesitate to contact our El Paso drunk driving accident lawyers for a free consultation. With over 30 years of combined legal experience, you can rest assured you will be in trusted and capable hands. A car accident lawyer in El Paso can describe the compensation you might be entitled to and fight for you to get it.

 

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Frequently Asked Questions About Car Repairs

Having your car repaired after an accident can get complicated if an insurance company is trying to pressure you to use a specific body shop or if they won’t accept your repair shop’s estimate. The insurance company may try to make you believe that you have to use their repair shop or that you need multiple estimates – but neither of these things is true. 

If you have questions about your car accident repair rights, contact The Law Offices of Michael Gopin, PLLC today to learn more. We offer a free, no-risk consultation to all of our prospective clients.  

You Are Allowed To Choose the Repair Shop

Contrary to what the insurance company may say, under Texas auto insurance repair laws, you are allowed to choose the facility where your car is repaired. Insurance companies are for-profit entities. They are always trying to minimize the amount they must pay you after an accident, even when you’ve diligently paid for coverage over the years.  

As a result, the insurance company may try to recommend a shop with which they have a relationship. The danger is that the shop may cut corners or install cheap parts in an effort to keep costs low for the insurance company. In exchange, the insurance company ensures that the body shop has a steady flow of business.  

The insurance company might push you to take their recommendation, but it is important to know that you do not have to do this. You can choose to have your vehicle towed to and repaired at any shop. Additionally, if the insurance company does try to direct you toward a particular body shop, they may be required to disclose if they have a relationship with the shop.  

When getting your vehicle repaired, the most important thing is to choose a shop that you trust, one that does quality work and will properly repair your vehicle without cutting costs.  

Insurance For Car Repairs 

There are several types of auto insurance that can be used to pay for car repairs. Some of the typical types are:  

• Property damage liability – If you were involved in an accident that was caused by someone else, you could make a claim against that person’s liability insurance to pay for vehicle repairs. 
• Uninsured/underinsured motorist coverage – If you were hit by a driver without insurance or one whose insurance is not enough to cover the costs of repairs, you could turn to uninsured or underinsured motorist coverage, if you purchased it. This type of insurance covers you if you cannot make a claim against the at-fault driver or if the at-fault driver’s coverage is insufficient to cover the damages. 
• Collision coverage – Collision insurance is usually purchased as an add-on to your regular liability insurance. You can use collision coverage to pay for vehicle repairs regardless of who was at fault for the accident.

What If The Repair Shop’s Estimate is Higher than the Insurance Company’s 

It’s possible, even likely, that the insurance company’s estimate for your car repairs will be lower than your repair shop’s estimate. If the insurance company refuses to accept the other estimate, there are several ways you can overcome their objections, such as:  

• Convincing the insurance company to raise their estimate amount
• Asking the insurance company to cover the extra cost
• Paying for the difference between their estimate and the repair shop’s yourself
• Engaging an attorney to advocate on your behalf

Contact An El Paso Car Accident Attorney Today 

If you are trying to have your car repaired after an accident and the insurance company is making it difficult, contact a seasoned car accident attorney at The Law Offices of Michael Gopin, PLLC to discuss your case and learn more about your rights. We offer free consultations, so there’s no risk to you.

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