Midland Pedestrian Critically Hurt on W. Wadley Ave; Driver Arrested for DWI

Texas Penal Code Section 49.07 defines intoxication assault as causing serious bodily injury to another by accident or mistake while operating a motor vehicle in a public place while intoxicated. It is a criminal charge brought by the State, separate from any civil claim an injured person may have. Injured pedestrians and their families can still pursue compensation in civil court, and there is no fee unless we win.

Texas Transportation Code Chapter 552 sets out the rules for pedestrians and the drivers who share the road with them, including a driver’s duty to yield to pedestrians in certain situations and to use due care to avoid a collision. It also addresses when pedestrians must stay out of the roadway. How these rules apply to a crash depends on the facts, and fault can be shared under Texas proportionate responsibility law.