Houston roads are no stranger to accidents involving drunk drivers, and the consequences can be devastating

Understanding your rights as a victim and knowing the necessary legal steps can make all the difference in recovering both physically and financially. This article outlines the essential steps you should take if you’re involved in a car accident caused by a drunk driver in Houston.

1. Immediate Steps After the Accident

After a collision with a drunk driver, your priority is your safety and well-being. Here are the immediate actions you should take:

• Ensure Safety and Call 911: If possible, move to a safe location. Calling 911 should be the first step, as law enforcement and emergency medical services will be dispatched.
• Seek Medical Attention: Even if you feel fine, some injuries may not manifest right away. Getting checked by a healthcare professional is critical.
• Gather Evidence: If it’s safe, document the scene. Take photos of vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses, as their testimonies may be crucial later on.

2. Why Police Reports Matter

A police report plays a vital role in your case, especially when the accident involves a drunk driver. Here’s why:

• Evidence of Drunk Driving: Law enforcement officers can administer field sobriety tests or breathalyzers at the scene. Their report will indicate whether the driver was under the influence, providing strong evidence for your case.
• Legal Record of the Accident: The police report creates an official account of the crash, which is necessary for insurance claims and potential lawsuits.

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3. Understanding Texas Drunk Driving Laws

Texas has strict laws regarding drunk driving, which can significantly impact your case. Here’s an overview:

• DWI vs. DUI in Texas: In Texas, DWI (Driving While Intoxicated) is the charge for adult drivers who are found to have a blood alcohol concentration (BAC) of 0.08% or higher. DUI (Driving Under the Influence) typically applies to minors under 21 with any detectable amount of alcohol.
• Penalties for Drunk Drivers: Drunk drivers can face severe penalties, including fines, jail time, and loss of their driving privileges. In addition to criminal penalties, they may also be held financially responsible for any damages caused by the accident.

4. Your Rights as a Victim in a Drunk Driving Accident

If you were injured by a drunk driver, you have certain rights under Texas law. These include:

• Compensation for Medical Expenses: Victims can seek compensation for medical bills, including emergency care, surgeries, rehabilitation, and any long-term treatments related to the accident.
• Lost Wages and Reduced Earning Capacity: If the accident has affected your ability to work, you may be entitled to compensation for lost wages and any potential reduction in your earning capacity.
• Pain and Suffering: In addition to financial losses, you can also claim damages for emotional distress, pain, and suffering caused by the accident.

5. Filing a Civil Lawsuit for Damages

While the state may prosecute the drunk driver for criminal offenses, victims also have the right to pursue a civil lawsuit for compensation. Here’s how the process works:

• Proving Negligence: To win a civil case, you’ll need to prove that the other driver was negligent and that their intoxication directly caused the accident and your injuries.
• Statute of Limitations: In Texas, you have two years from the date of the accident to file a personal injury lawsuit. It’s crucial to act quickly to ensure you don’t lose your chance for compensation.

6. What to Do If the Drunk Driver Is Uninsured

Unfortunately, some drunk drivers are uninsured or underinsured. In such cases, you may still have options:

• Uninsured/Underinsured Motorist Coverage: If you carry uninsured or underinsured motorist coverage, your own insurance company may compensate you for your injuries and damages.
• Third-Party Liability: In some instances, the establishment that served alcohol to the drunk driver may be held liable under Texas dram shop laws, if it can be proven that they served alcohol to someone who was clearly intoxicated.

7. Why You Need a Houston Car Wreck Lawyer

Drunk driving accidents involve complex legal and insurance processes. Having an experienced lawyer by your side can significantly impact the outcome of your case:

• Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. An experienced attorney can negotiate on your behalf, ensuring that you receive the compensation you deserve.
• Filing a Lawsuit: If negotiations fail, your lawyer will guide you through the process of filing a lawsuit and represent you in court if necessary.

8. The Legal Process and Options for Victims of Drunk Driving Accidents

For victims of drunk driving accidents in Houston, the legal process begins with gathering evidence and building a strong case. This usually involves obtaining the police report, witness statements, and any available video or photographic evidence from the scene. Once this initial evidence is secured, you’ll want to file a claim against the drunk driver’s insurance policy. However, because drunk driving accidents can result in significant damages, insurance alone may not cover the full extent of your losses.

In such cases, victims have the option to file a personal injury lawsuit to seek additional compensation. Through this lawsuit, you can pursue damages for medical bills, lost wages, pain and suffering, and more. An experienced car wreck lawyer can help victims navigate these complexities by building a compelling case that proves the driver’s negligence and intoxication directly caused the accident.

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9. Understanding Dram Shop Laws in Texas

In some situations, victims of drunk driving accidents may have the option to seek compensation from third parties, such as bars, restaurants, or liquor stores that served alcohol to the intoxicated driver. Texas has a set of laws known as dram shop laws, which allow victims to hold these establishments accountable if they served alcohol to someone who was already visibly intoxicated, and that person then caused an accident.

To bring a dram shop claim, victims must prove that the establishment knowingly over-served alcohol to an intoxicated person and that this over-service directly led to the accident. While these claims can be challenging, they can provide additional avenues for compensation, particularly if the drunk driver was uninsured or underinsured. Working with an experienced attorney is critical for navigating the complexities of dram shop laws and maximizing your chances of recovering full compensation.

By pursuing claims under Texas’ dram shop laws, victims can potentially recover damages not only from the driver but also from the establishment that contributed to the intoxicated state of the driver, thereby increasing the likelihood of full compensation for their injuries and losses.

Your case is our priority, and our commitment is to fight for your rights without adding financial stress. At Sandoval Law Firm, PLLC, we only get paid when you get paid. It’s as simple as that." - Accident Attorney Hector L. Sandoval

10. Contact Hector L. Sandoval at Sandoval Law Firm today

If you or a loved one has been injured in a drunk driving accident in Houston, you deserve justice and fair compensation. Contact Hector L. Sandoval at Sandoval Law Firm today to schedule a free consultation. With years of experience handling car wreck cases, Hector L. Sandoval will fight for your rights and help you get the compensation you deserve. Don’t wait—call now or visit sandovalpllc.com to get started.