When a drunk driver causes an accident in Texas, lives are forever changed. If a drunk driver hurt you, you have rights and can receive money for your losses. DFW Injury Lawyers helps drunk driving accident victims throughout Texas. An experienced Texas drunk driving accident lawyer can help you hold the guilty party accountable and fight for the money you deserve.
Call us now at (972) 440-2320 for a free consultation on your case.
Why Choose DFW Injury Lawyers for Your Texas Drunk Driving Accident Case?
Choosing the right legal team is an important decision after a traumatic event like a crash caused by a drunk driver. You need lawyers who understand Texas laws and know how to handle the specific challenges of these cases.
Representation in the Lone Star State
DFW Injury Lawyers proudly serves clients throughout the great state of Texas. Whether your accident happened on a busy Houston highway, a quiet street in San Antonio, in El Paso, or anywhere else in Texas, our team is ready to fight for you.
We have the resources and dedication to handle the needs of your Texas drunk driving accident lawyer, regardless of your location. We bring our commitment to justice to every corner of the state.
Experience with Texas Injury Claims
Our firm centers its practice on injury law here in Texas. This means we know the state laws, court procedures, and insurance payout strategies relevant to your drunk driving accident case very well.
We don't get distracted by other legal areas and dedicate our efforts to getting fair compensation for injured Texans. Our specific focus helps us build strong cases for victims hit by drunk drivers.
Building Strong Cases Against Drunk Drivers
Your Texas drunk driving accident lawyer knows how to gather crucial evidence. This can include:
- Police reports
- Breathalyzer or blood test results
- Witness statements
- Bar receipts, if applicable
We work hard to prove the drunk driver's fault and the full extent of your damages.
You've already been through enough dealing with the consequences of a crash caused by another person's bad decision. Let DFW Injury Lawyers handle the legal fight.
We serve clients throughout Texas and are ready to discuss your case. Call (972) 440-2320 today for a free consultation.
What To Do After an Accident with a Suspected Drunk Driver
After receiving medical attention for your injuries, take these steps to help protect your rights:
Immediate Steps After the Accident
- Report the crash: Make an official police report about the accident if authorities didn't respond to the scene.
- Gather driver information: Collect the other driver's name, address, phone number, license number, license plate, and insurance details.
- Identify witnesses: Get names and contact information from anyone who saw the accident.
- Document the scene: Take photos or videos of the accident scene, damage to all vehicles, road conditions, and any visible injuries.
Preserving Important Evidence
- Keep medical records: Maintain records of all medical treatments
- Save receipts: Keep vehicle repair estimates, receipts for related expenses like rental cars
- Document the impact: Take notes on how the injuries affect your daily life
- Contact a lawyer: Call a Texas drunk driving accident lawyer to discuss your legal options
Compensation You Can Receive After a Drunk Driving Accident
If a drunk driver hurt you in Texas, you can receive various types of compensation, often called damages. These damages seek to cover the losses you suffered from the accident. A skilled Texas drunk driving accident lawyer helps identify and pursue all available compensation.
Economic Damages
Economic damages cover your direct financial losses. These are tangible costs with clear dollar amounts:
- Medical bills: Payment for emergency visits, hospital stays, surgeries, medical appointments, physical therapy, medications, and necessary medical equipment
- Future medical expenses: Compensation for ongoing or anticipated medical care related to the accident injuries
- Lost wages: Money you lost by not being able to work while recovering
- Loss of earning capacity: Compensation if your injuries permanently affect your ability to earn money at the same level as before the accident
- Property damage: Costs to repair or replace your vehicle and any personal property damaged in the crash
Non-Economic Damages
Non-economic damages compensate for intangible losses. These damages don't have a precise bill, but significantly impact your life:
- Pain and suffering: Compensation for physical pain and emotional distress caused by the accident and your injuries
- Mental anguish: Payment for anxiety, depression, fear, PTSD, or other emotional suffering from the traumatic event
- Physical impairment: Compensation for limitations in your physical abilities or activities due to your injuries
- Disfigurement: Payment if the accident caused scars or other permanent changes to your appearance
Punitive Damages
Texas law also allows punitive damages in some drunk driving accident cases. These don't seek to compensate you for specific losses. Instead, punitive damages punish the drunk driver for extremely reckless behavior and discourage similar conduct in the future.
Proving entitlement to punitive damages requires showing the driver acted with malice or gross negligence. Your Texas drunk driving accident lawyer evaluates whether pursuing these damages is appropriate in your specific situation.
How a Texas Drunk Driving Accident Lawyer Helps You After a Crash
After being hit by a drunk driver, you're probably dealing with injuries, vehicle repairs, and growing bills. A Texas drunk driving accident lawyer from DFW Injury Lawyers takes the legal burden off your shoulders so you can focus on recovery.
We guide you through each stage, acting as your advocate.
Communication with Insurance Companies
Your lawyer handles all communication with the insurance companies involved. Insurance adjusters often try to minimize payouts or obtain statements that damage your claim.
Your lawyer protects your rights, counters low settlement offers, and pushes for the fair compensation you deserve.
Case Investigation
Gathering evidence is a significant part of what your lawyer does. This involves:
- Collecting reports: Police accident reports and medical records detailing your injuries
- Documenting losses: Proof of lost income and repair estimates for your vehicle
- Impairment evidence: In DWI cases, securing evidence of the other driver's impairment is vital
- Obtaining test results: Blood alcohol content (BAC) test results
- Criminal case information: Information from the driver's related DWI criminal case
- Witness testimony: Statements from people who saw the accident
Determining Compensation
A Texas drunk driving accident lawyer evaluates all your losses. These losses go beyond just medical bills and car repairs. They calculate:
- Financial impact: Lost work and potential future medical needs
- Reduced earning capacity: If your injuries are long-term
- Non-economic damages: Pain, suffering, and emotional distress caused by the traumatic event
Negotiation and Trial Preparation
Your lawyer aggressively negotiates with the insurance company for a fair settlement. Many drunk driving accident cases are resolved through negotiation. However, if the insurer refuses to offer a fair amount, your lawyer is prepared to file a lawsuit and represent you in court.
Texas Laws on Drunk Driving Accidents
Your Texas drunk driving accident lawyer uses their knowledge of state laws to build your case. Negligence is the foundation of most personal injury claims, including those from DWI crashes.
Proving Negligence
To recover compensation, you generally must show the drunk driver was negligent. This means proving they:
- Failed to act reasonably (driving drunk)
- This failure caused the accident
- The accident caused your injuries and damages
Modified Comparative Fault Rule
Texas operates under a modified comparative fault rule, sometimes called proportional responsibility. This means if you were partially at fault for the accident, your compensation may be reduced by your percentage of fault.
However, you cannot recover damages if you're found to be 51% or more responsible for the crash. Your Texas drunk driving accident lawyer works to show that the drunk driver bears the vast majority, if not all, of the fault.
Statute of Limitations
The statute of limitations sets a strict deadline for filing a lawsuit. In Texas, you generally have two years from the accident date to file a personal injury lawsuit, including claims against a drunk driver.
If you miss this deadline, you usually lose your right to sue for damages forever. Contacting a Texas drunk driving accident lawyer soon after the crash helps preserve your legal options.
Dram Shop Liability
Texas also has dram shop laws. These laws may allow you to hold a bar, restaurant, or other establishment liable if they overserved alcohol to an obviously intoxicated person who then caused your accident.
Proving a dram shop case requires specific evidence showing the establishment knew or should have known the person was dangerously intoxicated when served. Your lawyer investigates whether dram shop liability applies to your accident.
UM/UIM Coverage
Understanding uninsured or underinsured motorist (UM/UIM) coverage is also relevant. If the drunk driver who hit you has no insurance or doesn't have enough insurance to cover all your damages, you may make a claim under your own auto insurance policy's UM/UIM coverage.
Your lawyer helps you navigate claims against both the drunk driver's insurance (if any) and your own UM/UIM policy if necessary.
Frequently Asked Questions About Texas Drunk Driving Accident Lawyers
How is a drunk driving accident case different from a regular car accident case?
Drunk driving accident cases differ because the driver's intoxication adds layers of complexity and opportunity. Proving the driver was impaired often significantly strengthens your negligence claim.
Evidence from the driver's related criminal DWI case, such as BAC tests or convictions, can be used in your civil claim.
The driver's reckless decision to drive drunk may allow you to pursue punitive damages in Texas, which seek to punish the wrongdoer and usually aren't available in standard car accident cases.
What if the drunk driver wasn't criminally charged or convicted?
You can still pursue a civil lawsuit for damages even if the drunk driver doesn't face criminal DWI charges or isn't convicted. The burden of proof is lower in a civil case than in a criminal case.
Your Texas drunk driving accident lawyer gathers independent evidence of impairment and negligence to support your civil claim, regardless of the outcome of any criminal proceedings.
Should I talk to the insurance company before talking to a Texas drunk driving accident lawyer?
Avoid talking directly to the insurance adjuster or giving them a recorded statement without consulting your lawyer. Insurance adjusters represent the company's interests, not yours, and want to minimize the payout.
Anything you say can be used against you later to reduce your claim. Direct all communication from the other adjuster to your Texas drunk driving accident lawyer.
What information does my Texas drunk driving accident lawyer need about the accident?
Provide the date, time, and specific location of the crash, and share the other driver's name and their insurance information if you have it. Give your lawyer the police report number if one was made.
Tell them about any witnesses and their contact details. Describe your injuries and list all the medical providers you've seen. Details about your vehicle damage are also helpful.
The more information you provide initially, the better your Texas drunk driving accident lawyer can evaluate your case.
How long do I have to file a lawsuit in Texas after a drunk driving accident?
Texas has a statute of limitations that generally gives you two years from the accident to file a personal injury lawsuit. If you fail to file your lawsuit within this two-year window, the court will likely dismiss your case, and you’ll lose the right to seek compensation through the legal system.
Since investigating and building a strong case takes time, contact a Texas drunk driving accident lawyer well before this deadline approaches to preserve evidence and protect your claim.
Contact Your Texas Drunk Driving Accident Lawyer Today
Don't wait to seek the legal help you need. Each day that passes can make it harder to gather evidence and build a strong case. Insurance companies may also pressure you to accept a low settlement before you fully understand your rights.
Contact DFW Injury Lawyers today for a free and no-obligation consultation about your case at (972) 440-2320. Our team of Texas personal injury lawyers is ready to fight for the justice and compensation you deserve.
Your recovery is our priority, and your victory is our goal. Call now and take the first step toward getting the justice you deserve after a drunk driving accident in Texas.