Have you just been hit by a drunk driver in Texas? The physical pain, emotional trauma, and financial uncertainty can be overwhelming when you’re the victim of someone else’s reckless choice to drive impaired.
As a personal injury law firm with years of experience representing victims of drunk driving accidents across Texas, we have helped countless clients navigate these legal situations.
What you do in the first 72 hours can dramatically impact both your recovery and compensation. For a complete understanding of the entire claims process, be sure to read our comprehensive Texas drunk driving accident claims guide.
Step 1 – Prioritize Safety and Prevent Further Harm
Safety should be your number one priority for you and your injured passengers. Here’s exactly what to do:
1) Move to safety immediately
If your vehicle remains drivable and it’s safe to do so, move to the shoulder or another protected location. Texas Transportation Code §550.022 requires you to move your vehicle from the travel lane when possible. The keyword here is “when possible.” If you are badly injured, it is best to leave the car where it is and take care of yourself first.
2) Activate hazard lights
This step alerts other drivers to the accident scene, significantly reducing the risk of secondary collisions—which is especially important on busy Texas highways like I-10 or I-35.
3) Assess injuries carefully
Quickly check yourself and passengers for visible injuries requiring immediate attention. Please keep in mind that adrenaline can mask pain, so be vigilant and do not dismiss an injury even if you think it will go away the following day.
4) Remain calm and focused
Drunk driver accidents trigger understandable anger, but your immediate focus must remain on safety and documentation, not confrontation.
Step 2 – Contact Law Enforcement and Report the Drunk Driver
After getting to safety, call 911 without delay. When speaking with emergency dispatch:
- Explicitly state: “I believe we’ve been hit by an impaired driver” and why
- Provide your precise location using street names or landmarks
- Detail any visible injuries requiring medical attention
- Report if anyone appears trapped or if there are hazardous conditions
Under Texas law, police are required to conduct thorough investigations for suspected DWI crashes, which may include field sobriety testing and blood alcohol testing. A police report becomes an invaluable document that helps establish impairment—something we’ve seen make the difference in countless Texas drunk driving cases.
Step 3 – Seek Medical Attention Even If You Feel “Fine”
Please seek immediate medical attention after being hit by a drunk driver—even if you believe your injuries are minor. This advice isn’t just legal strategy—it comes from witnessing hundreds of cases where delayed treatment became the insurance company’s primary defense.
Here’s why immediate medical evaluation is mandatory:
- Hidden injuries often emerge later: Traumatic brain injuries and internal damage frequently present symptoms days after impact
- Mitigation of damages: If you contribute to your injuries by failing to get timely treatment, your compensation may be reduced Under Texas Civil Practice and Remedies Code §33.001 by your percentage of fault.
- Medical documentation establishes causation: Each day that passes makes it more difficult to prove the direct connection between the accident and your injuries
Here is a scenario: We represent a Dallas client who initially felt “just shaken up” after being hit by a drunk driver. He declined ambulance transport to save money. A month later, when his severe neck pain and headaches became unbearable, he finally sought medical care. As a result of his delay, the insurance company fought his claim for months, arguing his injuries couldn’t have been serious since he didn’t seek immediate care. This tactic is utilized by insurance companies hundreds of times a day to downplay your injuries; please don’t make this costly mistake.
Step 4 – Document Evidence of Impairment and Damages
If physically able, and it’s safe to do so, document evidence at the accident scene. This step often makes the difference between a denied claim and maximum compensation.
Create a thorough video and photographic record of:
- Your vehicle from multiple angles showing all damage
- The drunk driver’s vehicle, including license plate
- The complete accident scene with road conditions and traffic signs
- Any visible injuries (update these photos as bruising develops)
- Any open containers or alcohol-related items visible
Additionally, collect contact information from all witnesses, asking them to describe what they observed about the other driver’s behavior. When interacting with a potentially impaired driver, maintain a safe distance but note specific indicators of impairment like slurred speech, unsteady balance, or alcohol odor.
Step 5 – Provide Clear Statements to Law Enforcement
When officers arrive, your interaction with officers is important to establishing both criminal and civil liability. Texas takes drunk driving extremely seriously, and has some of the strictest DWI laws.
Here is a structure method that can help when interacting with the officer:
- Provide a chronological account of what occurred
- Report observable facts about impairment (weaving, slurred speech, bloodshot eyes, alcohol odor)
- Request the report number and officer’s contact information
- Ask if the other driver will be evaluated for impairment
Providing the necessary information to the responding officer can help them determine if sobriety tests should be conducted. If the sobriety test comes back with a BAC greater than the legal limit, or if it is obvious a driver has lost the use of his normal mental and physical abilities, it helps secure a larger settlement.
Step 6 –Communicating with Insurance Compnaies
After being hit by a drunk driver, proper communication with insurance companies requires extreme caution due to Texas’s modified comparative fault system, which can reduce your recovery based on your percentage of fault, or eliminate it entirely.
When notifying your insurance company:
- Provide only basic facts about the date, time, and location
- State only “I was hit by a driver who showed signs of impairment”
- Mention that you’ve sought medical evaluation, but do not go into any more detail beyond that
- Refuse recorded statements until you’ve consulted with legal counsel
We’ve seen countless clients damage their cases in their first conversations with insurance companies. Never discuss fault or injuries, refuse early settlement offers (which are grossly undervalued), and ideally have all communication go through your legal representation. Give us a call or contact us below.
Step 7 – Consult a Texas Drunk Driver Accident Attorney
Consulting with an experienced personal injury attorney becomes your most powerful step toward justice and recovery after being hit by a drunk driver.
Here’s why we recommend seeking legal representation:
- Experienced with Texas DWI Laws: Drunk driving cases involve complex considerations including potential exemplary damages under Texas Civil Practice and Remedies Code §41.003
- Reviewing different angles for maximum compensation: Beyond the driver’s insurance, Texas law may allow claims against establishments that served alcohol (dram shop liability), vehicle owners, or employers
- Experience with DWI Cases: Some attorney’s are former prosecutors, or criminal defense attorneys and they have greater insights into how DWI cases are tested and proven up. For example, the attorneys at Perkins & Perkins Law Firm have prosecuted and defended hundreds of DWI offenses.
Consider this scenario: Let’s say you are hit by a drunk driver in Austin. Initially, the insurance company offers you $8,000. Before accepting, you consult with our firm. We discovered the driver was driving a company vehicle and overserved at a local event. The case settled for $245,000—over thirty times the initial offer.
This is an actual case our firm handled. Once again, do not settle, contact us first.
Texas’s Statute of Limitations — Critical Timelines
- Personal injury claims: 2 years from accident date
- Wrongful death claims: 2 years from date of death
When evidence disappears and witnesses’ memories fade, your case weakens with each passing day. The best approach is to take immediate action to achieve the best results.
Your Path Forward After a Texas Drunk Driver Accident
Being hit by a drunk driver creates a perfect storm of pain, trauma, and uncertainty. Don’t face this challenging process alone. Our experienced Texas drunk driving accident attorneys have guided hundreds of victims through successful claims, securing the compensation they need to rebuild their lives.
Contact us today. We will evaluate your case, explain your options, and help you take the next steps toward justice and recovery.
