Austin Drunk Driving Accident Lawyer

What Should I Do After an Accident with a Drunk Driver?

After a car accident…

• Call 911 to report a drunk driving collision and seek immediate medical attention for yourself and anyone else involved.
• Talk with the police about what happened. Officers will speak to everyone involved in the accident and write a police report. In drunk driving accidents, the police can also have the other driver complete field sobriety tests and take a breathalyzer or blood alcohol test.
• Exchange insurance and contact information with the other driver. You'll want to get the other driver's full name, driver's license number, license plate number, and car insurance details.
• Document the accident scene. After an accident, it's a good idea to take pictures (of the vehicles involved, street signs, traffic signals, etc.) and get contact info from anyone who witnessed the accident.
• Call your insurance company.
• Contact a drunk driving accident lawyer.

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Is the Drunk Driver Liable for My Injuries?

Drunk drivers can be held liable for any associated injuries and losses the accident victims suffer. In addition to criminal charges the drunk driver may face, victims of the accident have the right to file a civil lawsuit against them. A DUI/DWI injury lawyer will help build a strong case on your behalf.

What Compensation Can I Seek After Being Hit by a Drunk Driver?

In Texas, victims of drunk driving accidents may be entitled to a settlement, including economic and non-economic damages. They may also be eligible to seek compensation for punitive damages if the other driver acted with gross negligence or reckless disregard. In the event that a loved one was fatally injured in a drunk driving crash, surviving family members may also be able to pursue a wrongful death claim on behalf of the deceased.

Damages Available to Texas Drunk Driving Accident Victims

Economic Damages

Economic damages represent clear and objectively quantifiable sums of money.

Economic damages in a drunk driving accident often include:

• Vehicle damage – costs to repair the injured party's vehicle.
• Medical expenses – costs to cover associated hospital bills, therapy, and medications.
• Lost wages – costs to cover a loss of income for the injured party while not being able to work during recovery from associated injuries.
• Lost earning capacity – costs to cover any lasting effects on the injured party's ability to earn income.

Non-economic Damages

Non-economic damages can be more difficult to quantify than economic damages, as they are more subjective.

Non-economic damages in a drunk driving accident might include:

• Pain and suffering – compensation for the physical pain associated with the accident.
• Mental or emotional distress – compensation for the psychological stress associated with the accident.
• Loss of companionship and/or consortium – compensation for any losses experienced by the spouse of the injured party (emotional benefits of marriage, assistance with household chores, and/or intimacy).

Punitive Damages

Punitive damages are not meant to compensate the victim(s), but rather to punish the wrongdoer. In cases of gross negligence, a judge may order the at-fault drunk driver to pay punitive damages in addition to standard compensation.

Texas law sets a cap on punitive damages of two times economic damages plus an amount equal to non-economic damages, up to $750,000 or $200,000.

In order for a court to grant punitive damages against a drunk driver, the accused driver must have been committing a crime at the time of the accident, and must have shown “wanton misconduct”.

What is the Average Settlement for a Drunk Driving Accident?

Average settlements for drunk driving accidents are typically between $50,000 to over $125,000. A personal injury attorney will be able to help calculate an accurate settlement for your unique case.

Texas Statute of Limitations for Drunk Driving Accidents

In Texas, the statute of limitations for a drunk driving personal injury claim is 2 years from the date of the accident.

How a Drunk Driving Arrest Might Help Your Injury Case

In many car accident cases, it’s one person’s word against the other’s. In drunk driving cases, proving the other person was negligent (and at fault) is more straightforward. If the other driver was arrested for DUI or DWI after the accident, you have all the evidence you need. In a personal injury lawsuit, you do not need to prove beyond reasonable doubt that the other driver was drunk, as you would in a criminal case.

Will a Criminal DUI/DWI Case Affect My Civil Personal Injury Case?

If the accused driver in a civil car accident lawsuit is criminally convicted of DWI, their criminal conviction may be used as evidence against them in the civil trial, to demonstrate that they were found guilty of driving under the influence at the time of the accident.

Civil vs. Criminal Drunk Driving Cases in Texas

In Texas, driving under the influence can be both a criminal and a civil offense. It's possible for the at-fault party to face two separate cases – one criminal and one civil – after their behavior caused an accident.

In criminal drunk driving cases, the state brings charges against the defendant. So if the case goes to trial, the prosecutor represents the state. The prosecutor must prove (1) the defendant operated a vehicle, (2) the vehicle was a motor vehicle, and (3) the defendant was under the influence of drugs and/or alcohol when they operated the motor vehicle. If the defendant is found guilty in a criminal case, they may face jail time, fines, and loss of driving privileges. Criminal conviction may be used as evidence in the civil trial.

In civil drunk driving lawsuits, two individual parties (not the state) are involved. An injured party may file a lawsuit against the drunk driver to obtain compensation for damages and losses. If the defendant is found guilty in a civil lawsuit, they are required to pay the victim a specified amount of money.

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DUI vs. DWI in Texas

What is a DUI in Texas?

A DUI in Texas (per penal code 106.041) is any person under the age of 21 years who operates a vehicle in public places under any alcohol influence.

It’s worth noting that, in Texas, there is a zero-tolerance policy towards drugs and alcohol in underage persons. This means if a person is under 21 years old and sips alcohol before driving, an officer can charge them with DUI.  

What is a DWI in Texas?

A DWI in Texas (per penal code 49.04) is an intoxicated driver who operates a vessel, motor vehicle, or even water skis in a public place while:

• Having more than 0.08% blood alcohol concentration (BAC) in blood, urine, or breath for any adult or at least 0.04% for commercial driver's license holders.
• Lacking normal physical or mental faculties as a result of alcohol consumption
• Lacking normal physical or mental faculties after consuming controlled substances like illegal drugs, over-the-counter medicine, prescriptions, and more.

What if the Drunk Driver Does Not Have Insurance to Cover My Damages?

If you are hit by an uninsured drunk driver, you can still pursue compensation for your damages. Speak with a personal injury lawyer to learn about your legal options in seeking a settlement.

What Comes Next?

Why Choose Lorenz & Lorenz Accident & Injury Lawyers PLLC as Your Drunk Driving Accident Lawyers?

The Austin personal injury attorneys at Lorenz & Lorenz Accident & Injury Lawyers PLLC, are experienced in fighting to get you the money you need and deserve. When you choose us to represent you, you are our top priority.

Since 2001, our law firm has been dedicated to aggressively pursuing fair compensation for our clients. We're here to hold all negligent parties and their insurance companies accountable to get you the compensation you deserve. Hear what our previous clients have to say.

For a free case review, fill out the form below or call 512-477-7333. We’ll always be available when you need us – 24 hours a day, 7 days a week, 365 days a year.