What happens if you are injured by a drunk driver in Texas?
If an impaired driver causes a Texas accident, an injured person may pursue a civil personal injury claim for legally recoverable damages even when the driver also faces a DWI investigation or criminal prosecution. The civil and criminal cases are separate. Evidence from the crash, medical treatment, witness accounts, toxicology testing, video, and the law-enforcement investigation may become important to the injury claim.
A DWI Case and a Personal Injury Claim Are Different Proceedings
After an alcohol- or drug-related collision, the State may investigate or prosecute the driver for a criminal offense. That criminal proceeding focuses on alleged violations of criminal law.
A personal injury claim is civil. It focuses on legal responsibility for the collision and the losses caused by the resulting injuries.
An injured person does not have to assume that the criminal case itself will compensate them for all civil damages.
Call Police After a Suspected Drunk-Driving Collision
If you suspect the other driver is impaired, tell the responding officer what you actually observed. Relevant observations might include erratic driving, odor, statements, open containers, unusual behavior or other circumstances.
Do not confront an apparently impaired driver. Prioritize safety and allow law enforcement to investigate.
What Evidence Can Matter in a Drunk-Driving Injury Case?
Potential evidence can include:
- Police crash records
- Body-camera or dash-camera footage when available
- Witness statements
- Photographs and video from the collision scene
- Field-sobriety investigation information
- Breath or blood testing when lawfully obtained
- Surveillance footage
- Receipts or other relevant records obtained through lawful discovery
- Vehicle electronic data
- Medical records documenting the injured person’s condition
Does a DWI Arrest Automatically Prove the Civil Case?
No single fact should automatically be treated as establishing every element of a civil injury claim. The evidence must be evaluated under the rules applicable to the civil case.
Likewise, the absence of a criminal conviction does not automatically answer every question concerning civil negligence.
What Damages May Be Considered?
Depending on the facts and applicable Texas law, an injury claim may involve medical expenses, lost income, loss of earning capacity, physical pain, impairment and other legally recoverable damages.
Serious injuries may also raise questions about future medical treatment and long-term limitations.
Can Exemplary Damages Be an Issue?
Texas law permits exemplary damages only when the statutory requirements are satisfied. They are not automatic simply because alcohol or drugs are alleged.
Whether exemplary damages are available depends on the evidence and the applicable provisions of Texas law, including the required burden of proof.
Could Someone Other Than the Driver Be Liable?
Sometimes an investigation identifies additional potentially responsible parties. That depends heavily on the facts.
For example, an employer may require investigation if an employee was acting within the course and scope of employment. Other theories of liability should be evaluated based on evidence rather than assumed from the existence of alcohol alone.
Do Not Delay Evidence Preservation
Video can be overwritten, witnesses can become difficult to locate, and vehicles may be repaired or destroyed. Early preservation can therefore be particularly important in a serious collision.
For Dallas-area motor-vehicle cases, see the firm’s Dallas car accident information. Fort Worth-area collision information is available on the Fort Worth car accident page.
Frequently Asked Questions
Do I have to wait for the criminal DWI case to finish before making an injury claim?
Not necessarily. The criminal and civil matters are separate, although evidence or developments in one proceeding may become relevant to the other.
What if the drunk driver has no insurance?
Available options may include uninsured-motorist coverage or other potential sources of recovery depending on the policy and circumstances.
Does a DWI arrest guarantee compensation?
No. A civil claim still requires evaluation of responsibility, causation, damages, available coverage and other applicable legal issues.
Should I preserve information from the criminal investigation?
Potentially relevant law-enforcement records and evidence should be identified and obtained through appropriate legal procedures when they matter to the civil claim.
Injured by a Suspected Drunk Driver in Texas?
The Piri Law Firm can investigate the collision, insurance coverage and evidence relevant to a civil personal injury claim.
This article provides general information and is not legal advice. Criminal charges, civil liability and recoverable damages depend on the specific evidence and applicable law.
