If you or your passengers were injured in an accident involving a drunk driver in Texas, you have many options for seeking recovery for your injuries. At Rose Sanders Law Firm, PLLC, our Texas Drunk Driving Accident Lawyers represent the victims of drunk drivers across Texas from our offices in Houston, Dallas and McAllen. We use our years of experience with all types of car accident cases to create robust legal strategies that get results. You can learn more about how we can help you by scheduling your free consultation. Please call us at 713-231-9288 to set up your free first meeting.
You can, of course, seek to recover from the drunk driver’s insurance company. The driver may be charged with a DUI at the scene, but, except to the extent it helps you recover, that is cold comfort to you or others injured. If either the driver’s or your own insurance company declines to settle, you can pursue litigation against them. Your potential losses are extensive:
Texas law also permits the recovery of punitive damages in car accidents against the drunk driver. Punitive damages are intended both as a punishment for the driver and as a deterrent for other drivers.
Drunk drivers are not born drunk; someone has to serve them alcohol. For this reason, Texas permits victims of drunk driving accidents to file lawsuits against the bar, restaurant, liquor store, or other business engaged in selling liquor that sold alcohol to the impaired driver. This lawsuit is known as a dram shop liability case. It is based on the theory that businesses show be held responsible for the injuries and deaths caused by a drunk driver under certain circumstances. The required circumstances for dram shop liability are:
The dram shop liability case can be brought in addition to any other legal claims against the impaired driver and that driver’s insurance company. The business that improperly served the driver can be held financially responsible for any resulting property damage, physical injuries, or wrongful deaths caused by the drunk driver. If you can prove by clear and convincing evidence that the business was grossly negligent in serving the impaired driver, you may also be able to recover punitive damages in the dram shop action.
Texas law also permits you to file a personal injury lawsuit against the impaired driver. You have two years to do so under the Texas statute of limitations for personal injury lawsuits.
If you were involved in a motor vehicle accident with a drunk driver, make sure to gather all the evidence you can at the scene or later. You will want to obtain and keep copies of any accident reports, citations, and blood or breathalyzer results. You will also want to get witness contact information and exchange insurance and contact information with any involved drivers.
Drunk driving cases, because there are so many potential parties, can be extremely complicated. For this reason, you want to be sure to work with a Texas Drunk Driving accident attorney whose practice is concentrated on car accident cases caused by intoxicated drivers. Contact us today for a free initial consultation on your case