DWI Accidents

An "accident" caused by a drunk driver is not really an accident...it is a crime.  Our office will aggressively take on all drivers that cause injury as a result of driving while impaired, either under the influence of alcohol or drugs.  Some drivers are impaired by prescription drugs as well as illegal drugs.  The end result is the same if you are injured as a result of an impaired driver. 

Many of our cases involving drunk driver's result in a lawsuit against the drunk driver.  Upon filing of the lawsuit, the insurance carrier for the drunk driver must produce for you all copies of the impaired driver's insurance that may be available to pay your damages.  In some instances, the drunk driver is driving a company vehicle, a vehicle that belongs to someone else or may even be on the job when the accident occurs.  Through litigation, we will be able to take depositions, get documents and discover what was really going on when you or your family member was the victim of this crime. 

Exemplary damages or punitive damages may be available in drunk driving cases.  The legal test requires a conscious indifference to the rights, welfare and safety of others for a Court to consider the award of exemplary or punitive damages.  This is sometimes known as gross negligence.  A jury may award any monetary amount in their discretion in considering the actions of a drunk driver.  Exemplary damages or punitive damages are in addition to the non-punitive damages you can recover against a drunk driver, including damages for medical bills in the past, medical bills in the future, physical impairment, pain and suffering, mental anguish, lost wages and lost wage earning capacity. 

Our office will investigate the liability facts and will conduct background checks on all drunk drivers.  There are some cases where the drunk driver is driving a company vehicle or a vehicle that belongs to someone else that will allow you to bring a claim for negligent entrustment.  These claims are brought against the owners of the vehicle when they have allowed a driver to operate the vehicle that was known to be a reckless driver, had a history of prior drunk driving or did not have a valid driver's license. 

If you or a family member is injured as a result of the criminal actions of a drunk driver, you must bring the claim within the time permitted under the laws of the State of Texas.  If you fail to meet these deadlines, your claim may not be allowed.  Our office will evaluated all deadlines imposed by the State of Texas for you or your family member to bring your personal injury claim against a drunk driver.