Our Texas drunk driving accident lawyers recognize that drunk driving is a major public safety concern, posing serious risks to all road users. When someone opts to drive under the influence, their capacity to make sound decisions, react promptly, and manage the complexities of the road significantly diminishes.

Our attorneys are dedicated to holding drunk drivers accountable for the harm they cause. We champion the rights of victims and their families, helping them pursue the compensation they deserve through the Texas civil justice system. Victims have the right to seek fair compensation, regardless of the outcome of criminal proceedings against the intoxicated driver.

Our firm’s main goal is to secure the highest financial recovery for victims and their families, ensuring justice is served quickly. We understand the emotional and financial toll of accidents, especially those involving drunk driving. If you’ve been injured in a drunk driving accident, or if a loved one has tragically passed due to such an incident, contact our Texas drunk driving accident lawyers today.

Our experienced legal team is here to discuss your situation and provide support. We offer free and confidential consultations, where we will listen to your story, assess your case, and guide you through the legal process with compassion and expertise.

What Should I Do if I Am Hit By a Drunk Driver?

If you have been involved in a drunk driving accident, it is essential to take the necessary steps to protect your health and rights. Here are some important actions to consider:

1. Seek Medical Attention: Your health should be your top priority after an accident. Even if you feel fine, it is crucial to get checked by a medical professional as soon as possible. Some injuries may not show symptoms right away but can worsen over time.
2. Call the Police: It is essential to report the incident to law enforcement immediately. They will conduct an investigation, gather evidence, and file a police crash report that can be used in your case.
3. Gather Information: If you are able, collect the other driver’s name, contact information, insurance details, and license plate number. Also, gather statements from any witnesses and take photos of the accident scene, including photos of any open alcohol containers in the vehicle..
4. Capture Photo and Video Evidence: After the police arrive, consider recording a video of the other driver to document their behavior. Look for signs of intoxication, such as slurred speech, unsteady walking, or erratic movements. This visual evidence can be crucial in supporting your case by illustrating the driver’s impairment and bolstering your claim.
5. Do Not Discuss Fault: It is natural to feel angry and frustrated after being hit by a drunk driver. However, it is crucial to avoid discussing fault or making any statements that could be used against you later on.
6. Notify Your Insurance Company: Contact your insurance provider to inform them of the accident. Provide them with all the necessary details, including any evidence you have gathered. This step is crucial for processing claims related to personal injury and property damage.
7. Contact Our Texas Drunk Driving Accident Lawyers: Drunk driving accidents can be complex legal cases. It is essential to consult with experienced Texas drunk driving accident lawyers who can guide you through the legal process and help you pursue fair compensation for your injuries.

How Our Texas Drunk Driving Accident Lawyers Can Help You

When faced with the aftermath of a drunk driving accident, having a knowledgeable and compassionate legal team by your side can make all the difference. Our Texas drunk driving accident lawyers are committed to providing you with the support you need while navigating the complexities of your case. Here are some ways we can assist you:

• Gathering Evidence: We will collect essential evidence, including police reports, witness statements, and medical records, to strengthen your case.
• Comprehensive Case Evaluation: We will meticulously review the details of your accident to build a solid case that illustrates the extent of your injuries and losses.
• Expert Legal Representation: Our attorneys will advocate for your rights throughout the legal process, making sure your voice is heard in negotiations and court proceedings.
• Negotiating with Insurance Companies: Our team will handle communication with insurance companies on your behalf, fighting for a fair settlement that reflects the true extent of your damages.
• Counsel on Your Rights: We will educate you about your legal rights and options, ensuring you fully understand the potential outcomes and decisions to be made.
• Compassionate Support: Beyond legal expertise, we are here to provide emotional support and guidance during this challenging time, helping you focus on recovery.

By choosing our Texas drunk driving accident lawyers, you gain dedicated allies committed to pursuing justice and the compensation you deserve.

Who Can Be Held Liable If Injured in a Texas Drunk Driving Accident?

In Texas, various parties may be held liable for injuries sustained in a drunk driving accident. Understanding these potential liabilities can help victims seek the compensation they deserve. Key parties that our Texas drunk driving accident lawyers will investigate for negligence include:

• The Drunk Driver: The primary individual at fault for the accident due to their negligent behavior while operating a vehicle under the influence of alcohol.
• Vehicle Owners: If the drunk driver is not the owner of the vehicle, the actual owner may also be held liable under certain circumstances, particularly if they knowingly permitted an intoxicated person to drive.
• Social Hosts: In some cases, individuals or establishments that serve alcohol, such as bars or restaurants, may face liability if they serve alcohol to an obviously intoxicated person who then causes an accident.
• Dram Shops: Businesses that serve alcohol could be held accountable if they violate serving laws, leading to an intoxicated customer causing harm to others on the road.

What Compensation is Available in a Texas Drunk Driving Accident Claim?

In the aftermath of a drunk driving accident, victims may be entitled to various types of compensation to help cover their losses. This compensation can be categorized into economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages (legally known as special damages) encompass tangible financial losses incurred due to the accident. Examples include:

• Medical Expenses: Costs for hospital stays, surgery, rehabilitation, and ongoing medical care.
• Lost Wages: Income lost due to the inability to work during recovery.
• Property Damage: Repairs or replacement costs for the vehicle and other personal property damaged in the accident.
• Future Earnings: Compensation for projected future income loss due to long-term disability.

Non-Economic Damages

Non-economic damages (legally known as general damages) refer to intangible losses that affect the victim’s quality of life. Examples include:

• Pain and Suffering: Compensation for physical pain and emotional distress experienced due to the accident.
• Loss of Companionship: Damages awarded for the loss of consortium or companionship, particularly relevant to spouses or families.
• Emotional Distress: Compensation for anxiety, depression, or trauma resulting from the accident.
• Loss of Enjoyment of Life: Damages for an inability to partake in activities or hobbies that were previously enjoyed.
• Disfigurement or Impairment: This damage recognizes the long-term effects on appearance or physical abilities, potentially impacting self-esteem, mental health, and the ability to engage in daily activities or certain careers.

Punitive Damages

Punitive damages (also legally known as exemplary damages) are designed to punish the at-fault party for particularly egregious behavior and deter others from similar actions. In Texas, these may be awarded if the drunk driver’s actions were found to be willfully negligent or reckless.

Common Injuries Resulting from Drunk Driving Accidents

Drunk driving accidents can lead to a wide range of injuries, varying in severity from minor to life-altering. Some of the most common injuries our Texas drunk driving accident lawyers see that are sustained in these accidents include:

• Whiplash: A neck injury caused by the sudden jerking motion during a collision, leading to pain and stiffness.
• Head Injuries: Concussions or traumatic brain injuries (TBIs) may occur if a person’s head strikes a hard surface during the accident.
• Spinal Cord Injuries: Damage to the spinal cord can result in paralysis or loss of function in various parts of the body.
• Fractures: Broken bones, particularly in the arms, legs, and ribs, are common due to the force of impact.
• Soft Tissue Injuries: These include strains, sprains, and bruises that can cause significant pain and require rehabilitation.
• Internal Injuries: Impact can cause damage to organs, leading to internal bleeding or other serious medical conditions.
• Traumatic Amputations: Severe accidents can result in the loss of limbs, requiring extensive medical intervention and rehabilitation.
• Joint Injuries: Commonly involve damage to knees, shoulders, and elbows, often resulting in chronic pain and limited mobility.
• Neck and Back Injuries: Can lead to conditions such as herniated discs or cervical strains, causing long-term pain and disability.
• Burn Injuries: May occur from vehicle fires or explosions, potentially requiring surgeries, skin grafts, and extensive recovery time.
• Emotional Trauma: Victims may experience psychological effects such as PTSD, anxiety, or depression as a consequence of the traumatic event.

Understanding these potential injuries highlights the importance of timely medical attention and legal support to address both physical and emotional recovery post-accident.

What’s the Difference Between DWI and DUI in Texas?

In Texas, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) refer to different legal violations, each carrying distinct implications.

What is a DWI?

DWI is a more serious charge applied to individuals operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, indicating a level of intoxication that impairs driving ability (Texas Penal Code 49.04). This offense can lead to severe penalties, including hefty fines, license suspension, and potential jail time.

Is the DWI Threshold Different for Holders of a Commercial Driver’s License in Texas?

In Texas, the DWI threshold differs for individuals holding a commercial driver’s license (CDL). While the legal limit for most drivers is a blood alcohol concentration (BAC) of 0.08%, commercial drivers face a stricter standard. They can be charged with DWI if their BAC is 0.04% or higher when operating a commercial vehicle.

This lower threshold reflects the increased responsibility and safety concerns associated with driving larger, heavier vehicles, which can pose a greater risk to public safety. Additionally, a DWI conviction can result in more severe penalties for CDL holders, including the potential loss of their commercial driving privileges.

What is the Criminal Penalty for DWI in Texas?

In Texas, the penalties for DWI offenses can vary based on the circumstances surrounding the incident. Generally, the penalties include the following:

• Class B Misdemeanor: The standard penalty for DWI is classified as a Class B misdemeanor, carrying a minimum term of confinement of 72 hours. This can escalate depending on the severity of the incident.
• Increased Penalty for Open Container: If, at the time of the offense, the individual operating the vehicle had an open container of alcohol in their immediate possession, the charge remains a Class B misdemeanor, but with a minimum term of confinement of 6 days.
• Class A Misdemeanor for High BAC: If an analysis of the person’s blood, breath, or urine reveals an alcohol concentration level of 0.15 or higher at the time of testing, the offense is elevated to a Class A misdemeanor, which carries more severe penalties.

First-time DWI offenders often encounter penalties such as probation, mandatory DWI education programs, community service, and up to six months of incarceration, with fines reaching a maximum of $3,000 if classified as a Class B misdemeanor. If the charge is upgraded to a Class A misdemeanor, the consequences can increase to a year in jail and fines up to $6,000.

What is a DUI?

DUI is typically applied to minors under the age of 21 who are found to have any detectable amount of alcohol in their system (Texas Alcoholic Beverage Code § 106.041). Since Texas has a zero-tolerance policy for underage drinking and driving, minors can be charged with DUI even if their BAC is below the legal limit for adults. Penalties for DUI may include fines, community service, and mandatory alcohol education classes, but are generally less severe than those associated with a DWI charge. Understanding these distinctions is crucial for anyone facing legal consequences related to alcohol-related driving offenses in Texas.

What is the Criminal Penalty for DUI in Texas?

Like DWI, the penalties for DUI offenses can vary based on the specific details of the case. For first-time offenders, penalties may include fines up to $500 and a 60-day suspension of their driver’s license. If a minor is found to have a BAC of 0.08% or higher at the time of arrest, they can also face additional charges related to underage drinking (Texas Alcoholic Beverage Code §106.15). Repeat offenses carry increasingly severe consequences.

Texas Drunk Driving Accident Statistics

Statistics on drunk driving in the US reveal that alcohol impairs judgement and coordination, increasing the likelihood of accidents, injuries, and fatalities. Not only do these reckless decisions endanger the driver, but they also put passengers and innocent bystanders at risk. The repercussions of such accidents extend beyond immediate harm, often disrupting lives, families, and communities, emphasizing the critical importance of preventing drunk driving incidents.

In Texas, every motor vehicle accident where alcohol was a contributing factor is documented in the Crash Records Information System (CRIS), a comprehensive database that compiles police reports submitted to the Texas Department of Transportation (TxDOT). The CRIS system categorizes crash reports by severity, enabling an analysis of how motor vehicle accidents have evolved over the years.

In Texas during 2023, intoxicated drivers were involved in 4.03% of all motor vehicle crashes, yet they accounted for a staggering 24.0% of fatal accidents. There were 17,202 crashes where alcohol played a contributing role, including:

• Fatality crashes: 493 fatal crashes, leading to 549 fatalities
• Serious injury crashes: 921 suspected serious crashes, leading to 1,290 suspected serious injuries
• Minor injury crashes: 3,003 suspected minor crashes, leading to 4,331 suspected minor injuries
• Possible injury crashes: 2,419 possible injury crashes, leading to 4,074 possible injuries
• No injury crashes: 9,620 non-injury crashes, leading to 24,446 non-injured vehicle occupants
• Unknown severity crashes: 746 unknown severity crashes, leading to 1,875 individuals with unknown injuries

Source: DUI (Alcohol) Crashes and Injuries by Cities and Towns.

Contact Our Texas Drunk Driving Accident Lawyers Today

If you or a loved one have been injured in a drunk driving accident, it is crucial to seek legal representation from our experienced Texas drunk driving accident lawyers. At Thompson Law, we have a team of dedicated professionals ready to fight for your rights and help you obtain the compensation you deserve.

Contact us today for a FREE CONSULTATION to discuss your case and learn more about your legal options. Our Texas drunk driving accident lawyers will not charge any attorney fees or case costs unless we successfully obtain a financial recovery for you. Our dedicated team is committed to working tirelessly on your behalf, exploring every avenue to ensure you receive the justice you deserve.

Our Texas drunk driving accident lawyers understand the challenges you’re facing and are here to support you every step of the way. Whether it involves thorough investigations, expert consultations, or relentless advocacy, our focus remains on achieving the best possible outcome for your case.