The Moment That Changes Everything – Understanding Your Rights After a Drunk Driving Crash
Have you found yourself the victim of a drunk driver’s reckless decision in Texas? The physical pain, emotional trauma, and financial uncertainty can feel overwhelming. Every year, hundreds of Texas residents face this exact situation, and are left wondering about their rights and how to recover.
As experienced drunk driving accident attorneys in Texas, we’ve guided countless victims through the complex journey from injury to justice. We’ve put together this comprehensive guide to walk you through every critical step of the drunk driving accident claims process, ensuring you understand exactly how to protect your rights and secure the compensation you deserve.
From the critical first moments after your car accident—or worse, a trucking accident—to the final resolution of your claim, we’ll cover the essential information that Texas drunk driving victims need to know. The path ahead may seem daunting, but with Perkins & Perkins Law Firm by your side, we are sure you will be able to navigate it successfully.
Immediate Steps After Being Hit by a Drunk Driver in Texas
The actions you take in the hours and days following a drunk driving collision can significantly impact your ability to recover fair compensation. Creating a strong foundation for your claim begins immediately after the crash.
The first thing you need to do is prioritize safety and medical attention above all else. Move to a safe location and promptly call 911. Even if your injuries or your passenger’s injuries seem minor initially, you just do not know how severe they might actually be, so seek medical evaluation immediately.
When interacting with responding police officers, clearly communicate any observations that suggest the other driver was intoxicated, here are some examples:
- Alcohol odor on their breath or from the vehicle
- Slurred speech or unsteady movement
- Open containers or alcohol packaging
- Admission of drinking or coming from a bar
- Erratic driving behavior prior to the collision
Document everything possible at the scene if your condition allows:
- Take photos of vehicle damage, the accident scene, and your visible injuries
- Collect contact information from witnesses
- Note road conditions, weather, time of day, and any relevant traffic controls
- Preserve any physical evidence of alcohol use
Avoid discussing fault with the other driver and do not provide any statements to insurance companies until you’ve consulted with a Texas Attorney. Insurance adjusters often contact victims quickly before they have an attorney to obtain statements they can try to use against you later to deny your claim.
Recognizing and Documenting Signs of Driver Intoxication
Learning to identify and properly document intoxication evidence strengthens your potential claim significantly. We’ve found that cases with well-documented intoxication evidence typically result in stronger negotiating positions and higher settlements.
When interacting with a potentially intoxicated driver, pay careful attention to:
- Physical symptoms: bloodshot eyes, twitching eyes, flushed face, poor coordination
- Behavioral signs: combative attitude, inappropriate laughter, excessive talking
- Speech patterns: repetitive statements, difficulty following conversation, slurring of words
Consider this scenario: A Corpus Christi woman was struck at an intersection by a driver who ran a red light. While waiting for the police to arrive, she noticed the driver stumbling and smelled alcohol. She discretely recorded video of his unsteady movements and slurred speech on her phone. This evidence proved invaluable when the driver later claimed he had not been drinking.
If you suspect intoxication, request that responding officers conduct field sobriety tests and breathalyzer testing. This official documentation creates powerful evidence for your claim.
Documenting Injuries and Damages After a Texas Drunk Driving Accident
Thorough documentation forms the foundation of every successful drunk driving injury claim. Insurance companies and courts require evidence to obtain compensation.
Create a comprehensive medical record by seeking immediate treatment and following your doctor’s recommendations. Missing appointments or stopping treatment prematurely can significantly damage your claim.
Build your medical file with:
- Medical records and bills from all providers
- Diagnostic test results and images
- Prescription receipts and medication records
- Physical therapy and rehabilitation documentation
- Mental health treatment records related to the accident
- Photos showing injury progression over time
Document financial impacts with equal thoroughness:
- Pay stubs showing lost wages
- Employer statements about missed work
- Business records for self-employed individuals
- Proof of canceled travel or events
- Receipts for accident-related expenses
- Property damage assessments and repair costs
The Importance of Consistent Medical Treatment and Documentation
Your medical treatment history tells the story of your injuries and recovery journey. Gaps in treatment create problematic narrative holes that insurance companies exploit to reduce your compensation.
Remember, you always have us by your side. If you want to get the most out of your injury claim, please contact us. You don’t have to do it alone.
Follow these essential guidelines:
- Attend every scheduled appointment and therapy session
- Communicate all symptoms clearly to your providers
- Do not down play your injuries
- Follow all medical advice
Insurance adjusters look for inconsistencies between your reported pain and your treatment patterns. If you claim severe pain but skip physical therapy appointments, they’ll question the validity of your suffering.
Understanding Texas’s Drunk Driving Laws and How They Strengthen Your Injury Claim
Texas’s strict laws against impaired driving create powerful advantages for victims pursuing compensation. Understanding these legal frameworks helps you leverage them effectively in your claim.
In Texas, driving while intoxicated (DWI) is defined as operating a motor vehicle in a public place:
- With a blood alcohol concentration (BAC) of 0.08 or higher; or
- Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body
These laws create three critical advantages for your injury claim:
Negligence per se
When a driver violates DWI laws and causes an accident, Texas courts typically consider them automatically negligent, eliminating the need to prove negligence separately. However, causation and damages still need to be proven.
Access to powerful evidence
DWI cases generate substantial official documentation, including police reports, chemical test results, officer testimony, and criminal charges that strengthen your civil claim.
Punitive damages availability
Texas generally allows punitive damages against drunk drivers, potentially increasing your compensation beyond standard damages.
Understanding the relationship between criminal proceedings and your civil claim helps you maximize both the strength and value of your case.
The Impact of Criminal DWI Proceedings on Your Texas Injury Claim
The criminal case against the drunk driver runs parallel to, yet separate from, your civil claim for damages. These proceedings can significantly benefit your compensation case.
Criminal proceedings generate valuable evidence through:
- Police investigation documentation
- Chemical testing records
- Officer testimony under oath
- Witness statements and evidence
- Defendant statements and admissions
We can coordinate with prosecutors to access this evidence and build strategies for your case. In many instances, a criminal conviction or guilty plea dramatically strengthens your negotiating position with insurance companies.
Let us present you with an example: A drunk driver struck our client’s vehicle in Corpus Christi, causing it to flip. Our client broke her back.
Initially, the insurance company disputed liability, claiming our client crossed over into oncoming traffic. However, when the driver plead guilty to failing to maintain a single lane of travel and to DWI, this admission established negligence, leading to a prompt settlement offer.
While your civil claim typically progresses more slowly than the criminal case, this timing often works to your advantage. By the time serious settlement negotiations begin, the criminal proceedings may have already established the driver’s guilt.
Identifying All Available Insurance Coverage in Texas Drunk Driving Cases
Many victims fail to recover full compensation because they overlook potential coverage sources or fall victim to the insurance companies’ pressures to settle. Drunk driving cases often trigger multiple layers of insurance policies, creating a larger potential recovery pool.
Start with these primary coverage sources:
- The drunk driver’s liability insurance – Texas requires minimum coverage of $30,000 per person and $60,000 per accident for bodily injury, though many drivers carry higher limits. When it comes to company vehicles and 18-wheelers, they may have additional layers of insurance called umbrella or excess insurance.
- Your uninsured/underinsured motorist (UM/UIM) coverage – This insurance triggers when the at-fault driver has insufficient or no insurance. In Texas, this coverage is optional but highly recommended. Filing a claim against your own insurance for UM/ UIM coverage does not affect your rates.
- Personal injury protection (PIP) or Medpay – In Texas, this optional coverage pays medical expenses regardless of fault, often without deductibles, unless you specifically rejected it in writing. If you have PIP or Medpay, it does not affect your insurance rates to claim it.
- Your health insurance – While your health insurance may cover medical treatment, they typically have subrogation rights to recover their costs from your settlement.
Don’t overlook these secondary coverage sources:
- Employer liability insurance if the driver was on company time
- Vehicle owner’s insurance if different from the driver
- Personal umbrella or excess policies held by the at-fault party
Dram shop liability insurance from establishments that served alcohol
Texas Dram Shop Liability – Holding Bars and Restaurants Accountable
Texas law allows victims to hold alcohol vendors responsible when they contribute to drunk driving accidents under specific circumstances.
Establishments can face liability when they:
- Knowingly serve alcohol to someone who is visibly intoxicated
- Willfully serve alcohol to a person they know will drive afterward
- Serve alcohol to a minor who subsequently causes a DUI crash
These “dram shop claims” require a more in-depth type of investigation, including:
- Witness testimony from bar patrons or staff
- Credit card receipts showing alcohol purchases
- Surveillance footage from the establishment
- Expert testimony on alcohol consumption and impairment patterns
Here’s a quick scenario: A San Antonio man was seriously injured by a drunk driver who had been served multiple drinks at a local bar despite being visibly intoxicated. Beyond pursuing the driver’s insurance, his attorney filed a successful dram shop claim against the bar. This additional claim source increased his total recovery by over $250,000.
Calculating Long-Term Damages in Serious Texas Drunk Driving Injury Cases
Serious injuries require careful calculation of both immediate and lifetime impacts. Insurance companies typically offer quick settlements that don’t even address obvious current expenses, leaving victims undercompensated for long-term needs.
A comprehensive damage calculation includes:
Economic Damages:
- Current and future medical expenses
- Rehabilitation and therapy costs
- Lost income and benefits
- Reduced earning capacity
- Property damage
- Home or vehicle modifications for disabilities
- Household services and personal assistance
Non-Economic Damages:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disfigurement or scarring
- Loss of consortium (impact on marriage)
For catastrophic injuries, your attorney may employ specialists including:
- Medical economists to project lifetime care costs
- Life care planners to detail necessary future services
- Vocational rehabilitation experts to assess work limitations
- Economic analysts to calculate present value of future losses
Documenting and Proving Non-Economic Damages
While economic damage can be calculated with receipts and projections, non-economic damages require different documentation strategies.
Strengthen your non-economic damage claims with:
- Documenting daily limitations
- Before-and-after testimony from family and friends
- Psychological evaluations documenting emotional impact
- Photographic and video evidence of lifestyle changes
- Expert testimony about typical pain associated with your injuries
These “human impact” damages often constitute the largest portion of compensation in catastrophic injury cases. Insurance companies frequently minimize these damages unless they are confronted with compelling evidence and expert testimony.
Punitive Damages in Texas Drunk Driving Cases
Unlike most injury claims, drunk driving cases often qualify for additional punitive damages designed to punish particularly reckless behavior and deter similar conduct.
Under Texas law, punitive damages can be awarded when:
- The defendant’s conduct shows malice, fraud, or gross negligence
- Drunk driving generally qualifies as gross negligence
Texas typically caps punitive damages at the greater of:
- Two times the economic damages plus an amount equal to non-economic damages up to $750,000, or
- $200,000
Factors strengthening punitive damage claims include:
- High blood alcohol concentration
- Prior DWI convictions
- Driving on a license suspended for previous DWI
- Fleeing the accident scene
- Particularly reckless driving behaviors
Wrongful Death Claims in Texas Drunk Driving Accidents
The loss of a loved one to a drunk driver creates specific legal considerations for surviving family members seeking justice.
In Texas, wrongful death claims may be filed by the spouse, children, or parents of the deceased person. Additionally, survivor claims may be filed by the administrator or executor of the deceased’s estate.
Recoverable damages in wrongful death cases include:
- Medical expenses before death
- Funeral and burial expenses
- Pain and suffering experienced before death
- Loss of income and financial support
- Loss of services, protection, care, and assistance
- Loss of society, companionship, and comfort
Texas imposes a two-year statute of limitations for wrongful death claims, starting from the date of death.
Settling vs. Litigating Texas Drunk Driving Injury Claims
Each case requires strategic decision-making about whether to settle or pursue litigation through trial. This decision depends on multiple factors unique to your situation.
Settlement advantages include:
- Faster resolution and compensation
- Guaranteed outcome rather than trial risk
- Less emotional stress and public exposure
- Lower legal costs and case expenses
- Avoiding appeals and collection challenges
Litigation may become necessary when:
- Insurance companies offer inadequate compensation
- Liability remains disputed despite clear evidence
- Extraordinary damages exceed policy limits
- Multiple parties share liability
- You seek public accountability and deterrence
How do you know which approach is right for your situation? Here is how we recommend you reach a decision; analyze the following:
- Strength of liability evidence
- Severity and permanence of injuries
- Available insurance coverage
- Criminal case outcome
- Defendant’s assets beyond insurance
- Your personal preferences regarding privacy
- Your overall risk tolerance
What to Expect When Taking Your Case to Court
If settlement negotiations fail to produce fair compensation, courtroom litigation provides a path to justice through the civil justice system.
The litigation process typically includes:
- Filing a formal complaint with detailed allegations
- Discovery phase with document exchanges and depositions
- Pretrial motions and hearings
- Mediation attempts before trial
- Jury selection and trial presentation
- Potential post-trial motions or appeals
While most cases settle before reaching trial, we prepare every case as if it will go to court. This thorough preparation often results in higher settlement offers as the trial date approaches. We have 75+ years of experience representing personal injury cases, let us help you with your case.
Taking Back Control – Your Path to Recovery and Justice
The aftermath of a drunk driving accident can leave you feeling powerless and overwhelmed. However, understanding your legal rights and the compensation process puts you back in control of your recovery journey.
Remember that Texas law provides powerful advantages for drunk driving victims, including automatic negligence considerations, punitive damage options, and multiple liability sources. Leveraging these advantages requires the right knowledge and strategic advocacy.
At Perkins and Perkins, our attorneys, some of which are former prosecutors, have represented hundreds of clients in DWI cases. Our attorneys know how criminal proceedings can impact civil litigation and how to leverage it to your advantage.
When you’ve been injured by a drunk driver, having a personal injury attorney with a background in criminal defense can give you a powerful edge. Former criminal defense attorneys understand the inner workings of DWI cases.
This experience allows them to evaluate a drunk driving accident from multiple angles, uncover critical details, and anticipate how the criminal side of the case may unfold.
That knowledge can directly benefit your personal injury claim by identifying leverage points that might otherwise go unnoticed by other attorneys.
Don’t face this challenging process alone. Our experienced Texas Law Firm has guided hundreds of victims of drunk driving accidents through successful claims, securing the compensation they need to rebuild their lives.
Contact us today. We’ll evaluate your case, explain your options, and help you take the next steps toward justice and recovery.
