Need a DUI Accident Lawyer in Texas? Understand Your Rights

Driving under the influence (DUI) is a reckless act that endangers everyone on the road. When someone chooses to drive drunk, they severely impair their ability to react, make safe judgments, and control their vehicle, often leading to devastating consequences.

At internetlawyers.net, our Texas Dui Accident Lawyers are committed to holding intoxicated drivers accountable for the harm they inflict. We are passionate advocates for victims and their families, dedicated to helping them navigate the legal system and pursue the full compensation they deserve. Victims of DUI accidents in Texas have the right to seek justice and financial recovery through civil claims, regardless of any criminal proceedings against the drunk driver.

Our primary goal is to maximize financial recovery for our clients, ensuring justice is served as efficiently as possible. We understand the immense emotional and financial strain a DUI accident can cause. If you or a loved one has been injured or tragically killed in a drunk driving accident, reach out to our experienced Texas DUI accident lawyers today.

Our compassionate legal team is here to provide you with the support and guidance you need. We offer free, confidential consultations to discuss your situation, evaluate your case, and explain your legal options with expertise and empathy.

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What Steps to Take After a DUI Accident

If you’ve been involved in a DUI accident, taking the right steps immediately can protect your health and your legal rights. Here’s what you should do:

Seek Immediate Medical Attention: Your health is paramount. Even if you feel unharmed, it’s crucial to get a medical evaluation as soon as possible. Some injuries, like whiplash or internal injuries, may not present symptoms immediately. Prompt medical attention ensures your well-being and creates a medical record that can be vital for your claim.
Contact Law Enforcement: It’s essential to report the accident to the police without delay. They will conduct an official investigation, document the scene, and create a police report. This report is a crucial piece of evidence for your DUI accident lawyer to build your case. Request a copy of the police crash report for your records and to provide to your attorney.
Collect Accident Information: If you are able to do so safely, gather critical information at the scene. This includes the drunk driver’s name, contact details, insurance information, and license plate number. Also, note down contact information from any witnesses present at the scene. If safe, take photos of the accident scene, vehicle damage, and any visible evidence of intoxication, such as open containers.
Document Driver Behavior: After the police arrive, if it is safe and possible, consider using your phone to record a video of the other driver. Document any signs of intoxication such as slurred speech, unsteady balance, or confused behavior. This visual evidence can significantly strengthen your claim by demonstrating the driver’s impaired state to insurance companies and in court.
Refrain from Discussing Fault at the Scene: While it’s natural to feel upset or angry, avoid discussing fault for the accident with the other driver or anyone at the scene other than the police. Stick to factual statements when speaking with law enforcement and insurance representatives. Anything you say could potentially be used against you later.
Inform Your Insurance Provider: Notify your own insurance company about the accident promptly. Provide them with the facts and details you have gathered. This is a necessary step to initiate any potential claims for property damage or injuries under your policy, regardless of fault.
Consult with a Texas DUI Accident Lawyer: DUI accident cases are often complex and involve specific legal nuances. It is highly advisable to contact an experienced Texas DUI accident lawyer as soon as possible. A lawyer can protect your rights, guide you through the legal process, and help you pursue maximum compensation for your injuries and losses.

How a Skilled Texas DUI Accident Lawyer Can Advocate For You

Navigating the aftermath of a DUI accident can be overwhelming. Having a knowledgeable and dedicated legal team on your side can make a significant difference in your recovery and the outcome of your case. Here’s how our Texas DUI accident lawyers can help:

Thorough Evidence Gathering: We will conduct a comprehensive investigation, gathering essential evidence such as police reports, witness statements, medical records, toxicology reports, and accident reconstruction analysis to build a strong and compelling case on your behalf.
Comprehensive Case Assessment: We will meticulously analyze every detail of your accident to fully understand the extent of your injuries, losses, and the long-term impact on your life. This detailed evaluation is crucial for building a robust claim that reflects your actual damages.
Aggressive Legal Representation: Our attorneys are experienced litigators and will vigorously advocate for your rights throughout the entire legal process. We will ensure your voice is heard in negotiations with insurance companies and, if necessary, in court proceedings.
Strategic Negotiation with Insurance Companies: Dealing with insurance companies can be challenging. We will handle all communications with insurance adjusters on your behalf, protecting you from tactics aimed at minimizing your settlement. We will fight tirelessly to secure a fair settlement that fully compensates you for your damages.
Expert Counsel on Your Legal Rights: We will provide you with clear, understandable advice about your legal rights and options. We will ensure you are fully informed at every stage, empowering you to make informed decisions about your case.
Compassionate and Dedicated Support: Beyond legal expertise, we are committed to providing compassionate support and guidance during this difficult time. We understand the emotional and physical toll of a DUI accident and are here to support your recovery journey.

By choosing our Texas DUI accident lawyers, you gain a team of dedicated advocates committed to pursuing justice and the maximum compensation you deserve, allowing you to focus on healing and rebuilding your life.

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Determining Liability in a Texas DUI Accident

In Texas, several parties may be held liable for injuries resulting from a DUI accident. Our experienced Texas DUI accident lawyers will conduct a thorough investigation to identify all potentially liable parties, which may include:

The Intoxicated Driver: The most directly liable party is the drunk driver whose negligent actions caused the accident. Their decision to drive while impaired constitutes clear negligence.
Vehicle Owners: If the driver was not the vehicle’s owner, the owner may also be liable, particularly if they knowingly allowed an intoxicated person to operate their vehicle. This is known as negligent entrustment.
Social Hosts: In certain situations, individuals who host parties and serve alcohol may be held liable if they serve alcohol to an obviously intoxicated person who then causes a DUI accident. This is especially relevant in cases involving underage drinking.
Dram Shops (Bars and Restaurants): Under Texas Dram Shop Law, businesses that sell and serve alcohol, such as bars and restaurants, can be held liable if they illegally over-serve alcohol to a patron who is already visibly intoxicated and that patron then causes a drunk driving accident.

Types of Compensation Available in a Texas DUI Accident Claim

Victims of DUI accidents in Texas are entitled to seek various types of compensation for their losses. A skilled DUI accident lawyer will help you understand and pursue all available damages, which typically fall into three categories: economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages, also known as special damages, are intended to compensate you for your quantifiable financial losses resulting from the accident. These can include:

Medical Expenses: Past and future medical bills, including hospital stays, surgeries, doctor visits, physical therapy, medications, and rehabilitation costs.
Lost Wages: Compensation for income lost due to your injuries, both past earnings and projected future lost earning capacity if your injuries prevent you from working.
Property Damage: Costs to repair or replace your vehicle and any other personal property damaged in the accident.
Other Out-of-Pocket Expenses: Other accident-related costs such as transportation to medical appointments, medical equipment, and necessary home modifications due to your injuries.

Non-Economic Damages

Non-economic damages, also known as general damages, compensate you for the intangible losses that affect your quality of life due to the accident. These are more subjective and can include:

Pain and Suffering: Compensation for the physical pain and emotional anguish you have endured and will continue to experience as a result of your injuries.
Loss of Consortium: Damages awarded to a spouse for the loss of companionship, intimacy, and household services due to the injury of their partner.
Emotional Distress: Compensation for psychological trauma, anxiety, depression, PTSD, and other emotional suffering caused by the accident.
Loss of Enjoyment of Life: Damages for the diminished ability to participate in hobbies, activities, and life’s pleasures you enjoyed before the accident.
Disfigurement and Physical Impairment: Compensation for permanent disfigurement, scarring, or physical limitations that impact your self-esteem, mental health, and ability to perform daily activities or work.

Punitive Damages

Punitive damages, also called exemplary damages, are not meant to compensate the victim but to punish the drunk driver for their egregious misconduct and to deter similar behavior in the future. In Texas, punitive damages may be awarded in DUI accident cases when the driver’s actions are found to be grossly negligent, malicious, or reckless, as is often the case with drunk driving.

Common Injuries Sustained in Drunk Driving Accidents

DUI accidents can cause a wide spectrum of injuries, ranging from minor to catastrophic. Our Texas DUI accident lawyers frequently represent clients who have suffered injuries such as:

Whiplash: Neck injuries caused by the sudden back-and-forth motion of the head in a collision, resulting in pain, stiffness, and limited mobility.
Head Injuries: Concussions, traumatic brain injuries (TBIs), and skull fractures can occur when the head strikes an object during the impact. TBIs can have long-lasting cognitive, physical, and emotional consequences.
Spinal Cord Injuries: Damage to the spinal cord can lead to paralysis (paraplegia or quadriplegia), loss of sensation, and other neurological impairments.
Bone Fractures: Broken bones, particularly in the arms, legs, ribs, and hips, are common in car accidents due to the force of impact.
Soft Tissue Injuries: Sprains, strains, tears, and contusions to muscles, ligaments, and tendons throughout the body, causing pain and restricted movement.
Internal Injuries: Damage to internal organs, such as the spleen, liver, kidneys, or lungs, which can lead to internal bleeding, organ dysfunction, and life-threatening complications.
Traumatic Amputations: Severe accidents can result in the traumatic loss of limbs, requiring extensive medical treatment, rehabilitation, and prosthetic devices.
Joint Injuries: Damage to joints like knees, shoulders, and elbows, often resulting in chronic pain, arthritis, and reduced mobility.
Neck and Back Injuries: Beyond whiplash, accidents can cause herniated discs, spinal stenosis, and chronic back pain, significantly impacting mobility and quality of life.
Burn Injuries: Fires or explosions following a DUI accident can cause severe burn injuries, requiring skin grafts, reconstructive surgeries, and long-term care.
Emotional Trauma: Victims often suffer significant psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to driving or vehicles.

Recognizing the potential severity and range of injuries underscores the importance of seeking prompt medical attention and legal counsel from a DUI accident lawyer after a drunk driving accident.

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Understanding DWI vs. DUI in Texas Law

In Texas, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct legal offenses with different applications and penalties. While both relate to alcohol-related driving offenses, understanding the difference is important.

What Constitutes DWI in Texas?

DWI is the more serious charge and applies to individuals operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This legal standard indicates a level of intoxication that is considered to significantly impair driving ability under Texas Penal Code 49.04. DWI is a criminal offense with substantial penalties.

DWI Threshold for Commercial Driver’s License (CDL) Holders

Texas law sets a stricter DWI threshold for individuals holding a commercial driver’s license (CDL). For CDL holders operating a commercial vehicle, the legal BAC limit is lowered to 0.04%. This lower limit reflects the higher standard of responsibility and safety expected of commercial drivers due to the size and potential risk associated with commercial vehicles. A DWI conviction can have severe consequences for CDL holders, including suspension or revocation of their commercial driving privileges.

Criminal Penalties for DWI in Texas

Penalties for DWI in Texas can vary based on factors such as prior offenses and the circumstances of the arrest. Generally, DWI penalties include:

Class B Misdemeanor (First Offense): Typically, a first-time DWI is charged as a Class B misdemeanor, carrying a minimum jail sentence of 72 hours and potential fines up to $2,000.
Increased Penalty with Open Container: If an open container of alcohol is present in the vehicle at the time of the DWI offense, the minimum jail sentence increases to 6 days, although it remains a Class B misdemeanor.
Class A Misdemeanor (High BAC): If the driver’s BAC is 0.15% or higher, the DWI charge is elevated to a Class A misdemeanor, with penalties including up to one year in jail and fines up to $4,000.

Repeat DWI offenses carry significantly harsher penalties, including felony charges, longer prison sentences, and larger fines. Mandatory DWI education programs, community service, and driver’s license suspension are also common consequences.

What is DUI in Texas?

DUI (Driving Under the Influence) in Texas specifically applies to underage drivers, those under 21 years of age. Texas has a zero-tolerance policy for underage drinking and driving. Under Texas Alcoholic Beverage Code § 106.041, it is illegal for a minor to operate a vehicle with any detectable amount of alcohol in their system. This means even a BAC below 0.08% can result in a DUI charge for a minor.

Criminal Penalties for DUI in Texas

Penalties for DUI for minors are generally less severe than DWI penalties for adults, but still carry significant consequences:

First Offense DUI: Penalties may include fines up to $500, community service, mandatory alcohol awareness courses, and a driver’s license suspension for 60 days.
BAC of 0.08% or Higher (Minor): If a minor’s BAC is 0.08% or higher, they may also face additional charges related to underage drinking under Texas Alcoholic Beverage Code §106.15, and potentially face DWI charges as an adult.

Repeat DUI offenses for minors result in escalating penalties.

Texas Drunk Driving Accident Statistics: A Stark Reality

National statistics on drunk driving are alarming, demonstrating the devastating impact of impaired driving. Alcohol impairs judgment, slows reaction times, and reduces coordination, dramatically increasing the risk of accidents, injuries, and fatalities. These reckless choices endanger not only the drunk driver but also their passengers and all other innocent road users. The repercussions of drunk driving accidents extend far beyond immediate physical harm, causing profound disruption to lives, families, and communities.

The Texas Department of Transportation (TxDOT) maintains the Crash Records Information System (CRIS) (https://cris.dot.state.tx.us/public/Query/app/home), a comprehensive database documenting every motor vehicle accident in Texas where alcohol was a contributing factor, based on police reports.

In 2023 in Texas, intoxicated drivers were a factor in 4.03% of all motor vehicle crashes. Tragically, these crashes accounted for a disproportionate 24.0% of all fatal traffic accidents in the state. There were 17,202 alcohol-related crashes in Texas in 2023, including:

Fatal Crashes: 493 fatal crashes, resulting in 549 deaths
Serious Injury Crashes: 921 crashes with suspected serious injuries, causing 1,290 suspected serious injuries
Minor Injury Crashes: 3,003 crashes with suspected minor injuries, causing 4,331 suspected minor injuries
Possible Injury Crashes: 2,419 crashes with possible injuries, causing 4,074 possible injuries
No Injury Crashes: 9,620 crashes with no injuries, involving 24,446 uninjured vehicle occupants
Unknown Severity Crashes: 746 crashes of unknown severity, involving 1,875 individuals with unknown injuries

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

These statistics underscore the devastating and preventable nature of drunk driving accidents and the critical need for effective legal representation for victims.

Contact a Texas DUI Accident Lawyer for a Free Consultation Today

If you or a loved one has been injured in a DUI accident in Texas, it is imperative to seek legal help from experienced Texas DUI accident lawyers as soon as possible. At internetlawyers.net, our dedicated team is ready to fight for your rights and help you secure the compensation you deserve.

Contact us today for a FREE, no-obligation consultation to discuss your case and learn about your legal options. We work on a contingency fee basis, meaning you pay no attorney fees or case costs unless we successfully recover financial compensation for you. Our committed team will work tirelessly on your behalf, exploring every avenue to ensure you receive the justice and financial recovery you are entitled to.

Our Texas DUI accident lawyers understand the immense challenges you face after a DUI accident. We are here to provide unwavering support and expert legal advocacy every step of the way, from initial investigation to settlement negotiations or trial. Our focus is always on achieving the best possible outcome for your case and helping you rebuild your life.