A drunk driver’s reckless choice disrupted your life, leaving you to deal with injuries and uncertainty. A Dallas drunk driving accident lawyer can help you take the first step toward holding the responsible motorist accountable.
At DFW Injury Lawyers, we fight for people impacted by intoxicated drivers. We manage the legal details so you can focus on what matters most: your health and your family. If a drunk driver injured you, contact us today for a free consultation at (972) 440-2320.
Why Choose DFW Injury Lawyers for Your Case
When you select a firm to represent you, you choose a partner for the arduous journey. You need a team that understands the law and knows Dallas. DFW Injury Lawyers provides dedicated legal support combined with an intimate knowledge of the local courts and community.
We’re a Part of the Dallas Community
Our connection to Dallas runs deep. We know the stress of navigating traffic on the High Five Interchange or I-35E and the relief of spending a quiet afternoon at Klyde Warren Park or White Rock Lake.
Our lawyers live and work in the Dallas-Fort Worth metroplex, giving us a personal commitment to making our roads safer. This local presence means we’re here for you, ready to meet in person and provide the direct support you need.
A Meticulous Approach to Every Claim
We approach each case with the precision it requires. We thoroughly document every aspect of your drunk driving injury claim in Dallas. This includes compiling medical records, accident reports, and witness statements. We leave no detail unexamined in our pursuit of a just resolution for our clients.
We Stand Firm Against Insurance Companies
Insurance companies often try to minimize settlements. They may attempt to devalue your injuries or question the facts of the collision. We know their tactics and how to counter them effectively.
Our role is to assemble a clear and compelling case on your behalf, showing the full extent of your damages and ensuring your voice is heard. We handle the communications and negotiations so you don't have to.
When you're recovering from an injury, you need an advocate who is firmly on your side. Let a Dallas drunk driving accident lawyer at DFW Injury Lawyers fight for you. Call us now at (972) 440-2320.
The Complexities of a Drunk Driving Accident Claim
A drunk driving crash isn’t like other motor vehicle collisions because it involves both a criminal component for the drunk driver and a civil claim for the injured victim. Your civil case is a separate action where you can seek financial recovery for your losses.
You don’t need to wait for the criminal case to conclude before pursuing your own claim for damages. The other driver’s level of intoxication is a key factor, but your claim also relies on evidence of their negligence and the damages you have suffered.
Pursuing Compensation With a Dallas Drunk Driving Accident Lawyer
After being hit by an impaired driver, you may face significant financial strain from medical treatments and time away from work. Texas law allows you to seek compensation for these and other losses from the at-fault driver.
A Dallas drunk driving accident lawyer can help you identify all potential areas of recovery. We work to build a case that reflects the full scope of your damages.
Here are some types of compensation available in a claim:
- Medical Costs: This includes reimbursement for all accident-related medical care, such as hospital stays, surgeries, prescription medications, and physical therapy.
- Lost Income: You may recover wages lost during your recovery period. If the injuries affect your ability to work in the future, you may also pursue compensation for loss of earning capacity.
- Property Damage: This payment covers repairing or replacing your vehicle and any other personal property damaged in the crash.
- Pain and Suffering: This compensates you for the physical pain and emotional distress you experienced as a result of the accident and your injuries.
Exemplary Damages
In addition to the compensatory damages listed above, Texas law provides for another category of damages in certain cases: exemplary damages. These damages punish the defendant for gross negligence or malicious behavior and deter similar conduct in the future.
Driving while intoxicated is often considered an act of gross negligence because it shows a conscious disregard for the safety of others. As a result, when you are suing a drunk driver in Texas, your attorney may argue for an award of exemplary damages.
These awards are subject to legal caps and require a high standard of proof, but they can be a significant part of the resolution in drunk driving cases. Your Dallas drunk driving accident attorney can explain whether seeking punitive damages suits your situation.
The Critical Role of Evidence
A successful drunk driving injury claim depends on strong, clear evidence. While it may seem obvious that the intoxicated driver was at fault, your lawyer still has to prove it according to legal standards. Your legal team's first priority is to secure all available evidence before it disappears.
Evidence forms the backbone of your claim for settlement negotiations and a potential trial. A lawyer knows what to look for and how to obtain it legally. The goal is to unearth and assemble a comprehensive collection of facts that tells a clear and undeniable story of what happened.
Key pieces of evidence may include:
- Police Report: This official report contains the responding officer's observations, a narrative of the accident, and results of any field sobriety or chemical tests.
- Witness Testimony: Statements from people who saw the accident or observed the other driver's behavior may provide powerful, independent confirmation of the events.
- Photo and Video Evidence: Pictures of the accident scene, vehicle damage, and your injuries help tell your story. Surveillance or dashcam footage can also offer an unbiased view of the collision.
- Medical Records: Your medical charts and bills document the extent of your injuries and the cost of your treatment, linking them directly to the crash.
Holding More Than Just the Driver Accountable
In some cases, the intoxicated driver may not be the only party responsible for your injuries. Texas law allows you to file a claim against a third party, such as a bar, restaurant, or store that provided alcohol to the person who hit you.
How Texas’s Dram Shop Law Works
Under the Texas Dram Shop Act, a business can be held liable if it served or sold alcohol to a patron who was obviously intoxicated to the point of being a clear danger to themselves and others.
To succeed in a dram shop claim, you must demonstrate that the establishment's over-service of alcohol was a direct cause of the accident and your resulting injuries.
These claims are complex and require a thorough investigation to establish the link between the vendor's actions and the crash.
Why Pursue a Dram Shop Claim?
There are a few reasons why a Dallas drunk driver accident lawyer may investigate third-party liability:
- Insufficient Insurance: The drunk driver may have minimal insurance coverage (or no insurance), which may not be enough to cover your total damages.
- Shared Responsibility: These laws hold businesses accountable for profiting from the sale of alcohol while ignoring the clear risks posed by an intoxicated patron.
- Promoting Public Safety: Holding establishments liable encourages responsible serving practices, which can help prevent future drunk driving accidents across Dallas, from Uptown to Oak Cliff.
An attorney can evaluate the facts of your case to determine if a dram shop claim is a viable option. This involves gathering evidence like receipts, video surveillance from the establishment, and witness statements from other patrons or employees.
The Statute of Limitations for Injury Claims in Texas
You have a limited amount of time to file a lawsuit after being injured in a drunk driving accident. In Texas, the statute of limitations for personal injury claims is generally two years from the date of the incident. If you fail to file on time, you may lose your right to pursue compensation forever.
Building a strong case takes a lot of effort; gathering evidence, assessing injuries, and insurance negotiations require time. Waiting too long to contact an attorney can make it more difficult to collect the evidence needed to reconstruct your case and support your claim.
Contacting a lawyer soon after the accident protects your right to seek justice. An attorney will meet all legal deadlines while you focus on your recovery. Acting promptly keeps your legal options open.
FAQ for Dallas Drunk Driving Accident Lawyer
How Can a Dallas Drunk Driving Accident Lawyer Help My Case?
A Dallas drunk driving accident lawyer manages every aspect of your civil claim from start to finish. We begin by conducting a thorough investigation to unearth all facts and secure evidence, such as the police report, witness statements, and any available video footage.
We also handle all communications with insurance companies, protecting you from adjusters' tactics designed to minimize your claim. Our team will document your losses, including medical expenses and lost wages, and assemble a comprehensive demand package to start settlement negotiations.
If a fair settlement cannot be reached, we’re prepared to file a lawsuit and represent you in court to pursue the compensation you need.
What Happens if the Drunk Driver Was Not Convicted in Criminal Court?
The outcome of the driver's criminal case doesn’t determine the outcome of your civil claim. The two legal processes are separate and have different standards of proof. This means you can still win your civil case and recover damages even if the driver is acquitted of the DWI charge.
Should I Accept the Insurance Company's First Settlement Offer?
Don’t accept an insurance company's settlement offer without first consulting with an attorney. Initial offers are often made quickly, before you know the full extent of your injuries or the long-term costs of your recovery.
These offers are typically far lower than the actual value of your claim and are an attempt by the insurer to resolve the case cheaply. An attorney can properly evaluate your case to determine its full value and negotiate for a fair settlement that covers all of your losses.
What Should I Do To Protect My Rights After Being Hit by a Drunk Driver?
First, seek immediate medical attention for your injuries, even if they seem minor; some injuries may not be immediately apparent. Report the accident to the police right away to create an official report. Avoid discussing the details of the crash with the other driver or posting about it on social media.
Finally, contact a Dallas DWI accident attorney to discuss your legal options before speaking to any insurance adjusters.
Can I Sue if a Drunk Driver Hit a Loved One Who Passed Away?
Yes, if you lost a family member in a fatal drunk driving accident, you may file a wrongful death lawsuit. In Texas, the surviving spouse, children, and parents of the deceased can file this type of claim.
A wrongful death lawsuit allows you to seek compensation for losses such as lost earning capacity, loss of companionship, mental anguish, and lost inheritance. Additionally, a survival claim may be filed to recover damages the deceased person could have claimed had they survived.
Finding Your Footing
A collision caused by an impaired driver can shatter your sense of security, leaving a field of financial and medical debris. Our job is to clear away the complexities of your case. We work to reveal the undeniable truth of what happened and hold the negligent parties accountable.
Your focus should be on your recovery, not on a legal battle. Let the team at DFW Injury Lawyers handle the fight for you. We’re ready to put our experience to work to help you rebuild. Contact us for a free, no-obligation consultation to discuss your case with a Dallas personal injury lawyer. Call us today at (972) 440-2320.