The Hidden Advantage in Your Texas Drunk Driving Accident Case
Injured by a drunk driver in Texas? Texas’s strict DWI laws create a powerful advantage for your injury claim.
We’ve represented drunk driving accident victims across Texas and know firsthand how proper understanding of these laws can dramatically increase compensation for a victim.
In Texas, approximately 1 out of every 4 traffic fatalities involve an impaired driver. These accidents leave you dealing with overwhelming medical bills, lost wages, and significant pain and suffering. That said, you don’t have to 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.
We’ve put this guide together, to help you understand how Texas’s drunk driving laws create a powerful foundation for your injury case and what steps you can take to maximize your compensation.
Understanding Texas’s DWI Laws and Penalties
Texas DUI Laws and Blood Alcohol Concentration Limits
Texas enforces driving while intoxicated (DWI) laws under Texas Penal Code §49.04. Texas uses DWI to cover impaired driving offenses.
In Texas, drivers are considered legally impaired with a blood alcohol concentration (BAC) of:
- 0.08% or higher for most drivers
- 0.04% or higher for commercial vehicle operators
- Any detectable amount for drivers under 21
The law recognizes even lower BAC levels can impair driving ability. A driver showing impairment with a BAC under 0.08% can still face DWI charges if their ability to drive is affected.
These limits established by the Texas penal Code aren’t just important for criminal cases – they establish clear standards that directly strengthen your personal injury claim.
Criminal Penalties for Drunk Driving in Texas
Texas employs a graduated penalty structure for DWI cases, with escalating punishments based on factors such as prior offenses and BAC level. Penalties can include:
- Fines ranging from $2,000 to $10,000
- License suspension periods from 90 days to 2 years
- Jail sentences from 3 days to 10 years
- Community service
- Curfews
- Mandatory substance abuse assessment and treatment
- Ignition interlock device requirements
- Court cost and expenses
What makes these criminal penalties relevant to your injury claim? The severity of punishment demonstrates how seriously Texas views drunk driving. This perspective extends into civil courts, where judges and juries typically show little sympathy for intoxicated drivers who cause injuries.
How DWI Violations Strengthen Your Personal Injury Claim
The Principle of Negligence Per Se in Drunk Driving Cases
When pursuing compensation after a drunk driving accident, a cause of action you can pursue is negligence per se.
In standard car accident cases, you must typically prove the other driver was negligent by establishing they breached a duty of care. However, with drunk driving cases in Texas, the violation of a DWI law automatically establishes negligence through the doctrine of negligence per se.
This legal principle means that by driving while impaired, the driver has:
- Violated a safety statute designed to protect the public
- Automatically breached their duty of care
- Created a presumption of negligence that’s difficult to dispute
This presumption of negligence removes a significant hurdle in your personal injury claim. Rather than debating whether the driver was negligent, the focus shifts to connecting your injuries directly to the accident and establishing their value.
Establishing Liability Through DWI Evidence
What specific evidence helps establish liability in drunk driving accident cases? Several types of documentation from the criminal case can strengthen your civil claim:
- Police reports documenting observed impairment
- Breathalyzer or blood test results showing BAC levels
- Field sobriety test performance and officer testimony
- Dashcam or bodycam footage from the arrest
- Records of prior DWI convictions (when applicable)
Our experience shows that insurance companies approach cases very differently when confronted with clear DWI evidence. While they may aggressively dispute liability in standard accident cases, the presence of documented impairment often leads them to focus on settlement negotiations rather than liability disputes.
Consider this scenario: A Houston driver returns home from dinner with a BAC of 0.11% when they run a red light, striking another vehicle. The responding officer notices slurred speech and the smell of alcohol, leading to field sobriety tests and an arrest. Now the police report, BAC test results, and traffic violation create three separate pieces of evidence helping establish negligence, in effect, significantly strengthening the injury victim’s claim.
Compensation Available to Texas Drunk Driving Victims
Compensatory Damages for Medical Bills, Lost Wages, and Pain
Victims of drunk driving accidents in Texas can recover several types of compensatory damages designed to make you “whole” again financially. These include:
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Property damage and vehicle replacement costs
- Pain and suffering
- Mental anguish and emotional distress
- disfigurement
- Loss of enjoyment of life
What many victims don’t realize is how thoroughly these damages must be documented. Medical records, employment documentation, expert testimony on future costs, and detailed accounts of how injuries have affected daily life all contribute to maximizing compensation.
We’ve found that creating comprehensive documentation of both economic damages (those with specific dollar amounts) and non-economic damages (pain, suffering, and mental anguishment) is essential for securing fair compensation. This is especially important in drunk driving cases where additional compensation may be available. Learn how to properly document your injuries and damages after a drunk driving accident to maximize your compensation
Punitive Damages – Additional Compensation in Drunk Driving Cases
One of the most significant negotiating points in drunk driving injury claims is the potential for punitive damages. Unlike compensatory damages that reimburse actual losses, punitive damages are designed to punish particularly reckless behavior and deter others from similar actions.
Texas Civil Practice and Remedies Code §41.003 specifically allows exemplary (punitive) damages in cases involving:
- Fraud
- Malice
- Gross negligence
Drunk driving typically qualifies as gross negligence, because the driver consciously chose to drive while impaired, knowing doing so posed a substantial risk to others.
Our Texas drunk driving cases involving punitive damages have resulted in settlements significantly higher than standard negligence cases with similar injuries. This demonstrates how substantially these additional damages can impact your total compensation.
While Texas does cap punitive damages at the greater of: (1) two times the economic damages plus an amount equal to non-economic damages (up to $750,000), or (2) $200,000, this still represents a substantial increase in potential recovery that isn’t available in most standard accident cases.
Steps to Take After Being Injured by a Drunk Driver in Texas
Important Documentation to Strengthen Your Claim
Taking specific actions after a drunk driving accident can dramatically strengthen your claim. If you’ve been injured, focus on gathering:
- Police reports with BAC test results and officer observations through public information requests
- Photographs of the accident scene, vehicles, and injuries
- Names and contact information of witnesses
- Medical records documenting all injuries and treatments
- Documentation of missed work and income losses
The most valuable evidence often comes from the immediate aftermath of the accident. Police observations regarding the other driver’s impairment, statements from witnesses about erratic driving before the crash, and prompt medical attention establishing a clear connection between the accident and your injuries are particularly important.
The Timeline for Filing Your Drunk Driving Injury Claim
In Texas, you have two years from the date of the accident to file a personal injury lawsuit against a drunk driver. However, this doesn’t mean you should wait to begin the process.
Acting promptly provides several advantages:
- Evidence is preserved before it disappears
- Witness memories remain fresh
- Your injuries and recovery process are well-documented
- You establish a clear timeline connecting the accident to your injuries
- Attorneys can send out proper evidence preservation letters, and file restraining orders if there is a fear of evidence disappearing
We’ve consistently observed that cases with prompt legal representation and immediate evidence gathering achieve better outcomes. Early intervention allows your attorney to coordinate with criminal proceedings against the driver, potentially using evidence from that case to strengthen your civil claim.
What about dealing with insurance companies? While they may pressure you to settle quickly, accepting early offers without understanding the full extent of your injuries and damages can leave significant compensation on the table. More often than not, injuries start manifesting weeks if not months after an accident.
Turning Texas Drunk Driving Laws Into Your Advantage
Being injured by a drunk driver creates tremendous physical, emotional, and financial challenges. As mentioned, you do not have to face this difficult time alone. Our experienced Texas drunk driving accident attorneys have helped victims transform these legal advantages into substantial compensation. Contact Perkins & Perkins today for a free consultation to discuss how we can put these same strategies to work for your case.
