Drunk Driving Lawyer

Drunk Driving Accident

If you have been in an accident caused by an intoxicated driver in Texas, then you may have the right to file a lawsuit for financial compensation. These can be complex cases, even if it’s obvious that the drunk driver caused the accident. Contacting a drunk driving accident lawyer Texas can ensure you receive the compensation you deserve to cover the cost of missed time at work, medical expenses, and pain and suffering.

Why Hiring a Texas Accident Attorney is Crucial

A drunk driver is usually always at fault for an auto accident. This means, if you were in a collision with a drunk driver, you may be eligible to recover compensation for your injuries. However, recovering financial compensation for the injuries sustained in a drunk driving accident is never simple. In some cases, the driver may be completely uninsured, or they may not have enough insurance to cover the cost of your injuries.

Additionally, drunk driving alone doesn’t automatically provide grounds for a personal injury lawsuit, even if the driver has been charged with a DUI. A car accident victim must prove that the drunk driver caused the accident that resulted in their injuries.

Dealing with Insurance Companies After a Drunk Driving Accident

If there is a substantial policy at stake, then an insurance company is going to fight back hard.

The insurance adjuster may claim:

  • The damages should be reduced under the comparative negligence law
  • The victim caused the accident
  • The victim’s injuries were not sustained in the accident

A drunk driving attorney in Texas will fight back against any type of defense tactics the insurance company tries to use. They will also work to identify all parties responsible for the accident, especially if they were intoxicated.

Common Injuries Sustained in a Drunk Driving Accident

A drunk driving accident can result in catastrophic injuries, including:

  • Wrongful death
  • Organ damage
  • Fractured bones
  • Nerve damage
  • Amputations
  • Paralysis
  • Damage to the spinal cord
  • Traumatic brain injuries

A drunk driving attorney knows how overwhelming and stressful it can be to make ends meet and receive the medical attention required for these types of serious injuries.

Statute of Limitations for Drunk Driving in Texas

In Texas, accident victims will only have two years from the date of the accident to file a suit against a drunk driver.


The biggest complication in a drunk driving accident case is determining which parties can be held responsible for damages.

Parties who may be held responsible include:

  • The drunk driver
  • The driver’s insurance company
  • The victim’s insurance company
  • A social host, restaurant, or bartender who overserved the driver

A lawyer will work hard to identify all of the parties who may share financial responsibility for the car accident.

Economic damages can include property damages, lost wages, physical therapy, medical bills, and hospital room expenses.

Non-economic damages include emotional distress, diminished quality of life, pain and suffering, and loss of consortium.

Exemplary Damages

Exemplary damages are meant to provide additional compensation for victims who have been injured in extreme circumstances. These damages are awarded as a way to punish the party at fault. They are offered only if the driver’s actions are considered willful and wanton.

Drunk driving is the type of willful wanton behavior that the state of Texas wants to deter. An insurance company isn’t obligated to pay exemplary damages. However, a case can be filed claiming these additional damages.

What Should I Do If I’m Injured in a Drunk Driving Car Accident in Texas?

If you’ve been involved in a car accident with a drunk driver, here are some important steps you can take to protect your legal right to compensation:

Gather Evidence

The first thing you should do at the scene of an accident is ensure that everyone is safe and call 911.

If you’re able to walk, gather the following evidence:

Use the camera on your phone to take photos of the scene of the accident, the road conditions, traffic lights, injuries, vehicle damage, and anything else that you think may have contributed to the accident, such as debris in the road.

Write down the license plate numbers of all vehicles involved

Get the driver’s information, including insurance information, their full name, address, and driver’s license number.

If there are any witnesses to the accident, take down their name, address, and phone number.

Note the driver’s behavior. Are they stumbling around and having a hard time standing up? Are they incoherent? Write down this information, in addition to anything they say.

Seek Medical Treatment

Seek medical attention as soon as possible. Do not wait to see your primary doctor. Head to the emergency room. Follow all of the ER doctor’s treatment recommendations. Schedule a follow-up appointment with your regular doctor, make every appointment, and save all of your medical documentation. This will be used to prove the severity of your injuries.

Get Legal Representation

Contact a personal injury lawyer as soon as possible. Because evidence can fade quickly, it’s important to speak with a lawyer immediately, so they can visit the scene of the accident and gather any evidence that may have been missed.

Contact the Drunk Driving Lawyers at the Ben Dominguez Law Firm Today

A serious car accident caused by a drunk driver can be devastating and can impact every aspect of your life, from missing work to struggling to stay on top of the mounting medical bills. Handling this type of claim on your own can also be very overwhelming, especially if you are no longer able to drive due to the injuries you sustained in the accident.

At the Ben Dominguez Law Firm, we will take an aggressive approach to holding a drunk driver accountable for their actions. From negotiating with insurance companies to investigating your claim, our team of experienced attorneys are well-qualified to handle even the most complex drunk driving accident cases. Contact our office today to schedule a consultation and speak with a top drunk driving lawyer Texas.