Austin Drunk Driving Accident Lawyer

Introduction to Drunk Driving Accidents

Drunk driving accidents are a serious and devastating consequence of impaired driving. According to the most recent statistics from the Texas Department of Transportation (TxDOT), there were nearly 1,000 crashes in the city of Austin that involved alcohol. These drunk-driving-related accidents contributed to 27% of all traffic fatalities in Travis County.

These accidents can have a profound impact on the lives of victims and their families, causing physical and emotional trauma, financial strain, and even loss of life.

If you or a loved one has been involved in a drunk driving accident, it is essential to seek the help of an experienced car accident lawyer who can guide you through the complex legal process and help you recover compensation for your losses.

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Austin Drunk Driving Accident Guide

Why You Should Hire an Attorney if A Drunk Driver Injures You

If you’ve been injured by a drunk driver, you should hire car accident lawyers who can assist in calculating the costs of all damages you’ve suffered, provide experienced representation for you in settlement negotiations with insurance companies, and represent you in court, if needed. An Austin drunk driving accident lawyer with experience in handling these types of personal injury cases greatly improves your chances of getting the maximum settlement. Many attorneys offer a free consultation to discuss your case without any financial commitment, allowing you to receive legal advice and assess your options.

You Deserve Compensation

If a drunk driver injures you, you deserve compensation for your losses and suffering. Our experienced attorneys will fight for everything you're entitled to.

No Fee Unless We Win

What Should I Do After an Accident with a Drunk Driver?

After a car accident…

• Call 911 to report a drunk-driving collision and seek immediate medical attention for yourself and anyone else involved.
• Talk with the police about what happened. Officers will speak to everyone involved in the accident and write a police report. In drunk driving accidents, the police can also have the other driver complete field sobriety tests and take a breathalyzer or blood alcohol test. Gathering police reports and other evidence like witness interviews and traffic camera footage is critical for proving fault and strengthening your legal position against insurance companies.
• Exchange insurance and contact information with the other driver. You’ll want to get the other driver’s full name, license number, license plate number, and car insurance details.
• Document the accident scene. After an accident, taking pictures (of the vehicles involved, street signs, traffic signals, etc.) and getting contact info from anyone who witnessed the accident is a good idea.
• Call your insurance company.
• Dealing with your own insurance company can be challenging. Accident victims often face difficulties and complexities when handling insurance claims and sometimes battle their insurance company to secure a fair settlement.
• Contact a drunk driving accident lawyer.

How Can a Drunk Driving Accident Attorney Help?

An experienced legal team will be able to provide the following services to drunk driving accident victims:

• Investigation of the accident, evidence collection, and determination of liability.
• Legal representation in negotiations with the insurance companies.
• Building a strong case in your best interest.
• Advocating for your rights in court, if needed.
• Assessment of the full extent of damages and pursuing fair compensation.
• Professional guidance through the complex legal processes.
• Answer any questions you may have and provide support during a challenging time.

A personal injury law firm has the expertise and commitment to handle such cases, ensuring fair compensation and support throughout the claims process.

Is the Drunk Driver Liable for My Injuries?

Drunk drivers can be held liable for any associated injuries and losses the accident victims suffer. In addition to criminal charges the drunk driver may face, victims of the accident have the right to file a civil lawsuit against them. A DUI/DWI injury lawyer will help build a strong case on your behalf.

What Compensation Can I Seek After Being Hit by a Drunk Driver?

In Texas, victims of drunk driving accidents may be entitled to a settlement through personal injury claims, making it crucial to understand the legal process. They may also be eligible to seek compensation for punitive damages if the other driver acted with gross negligence or reckless disregard.

If a loved one was fatally injured in a drunk driving crash, surviving family members may also be able to pursue a wrongful death claim on behalf of the deceased.

Damages Available to Texas Drunk Driving Accident Victims

Economic Damages

Economic damages represent clear and objectively quantifiable sums of money.

Economic damages in a drunk driving accident often include:

• Vehicle damage – costs to repair the injured party's vehicle.
• Medical expenses – costs to cover associated hospital bills, therapy, and medications.
• Lost wages – costs to cover a loss of income for the injured party while unable to work during recovery from associated injuries.
• Lost earning capacity – costs to cover any lasting effects on the injured party's ability to earn income.

Non-economic Damages

Non-economic damages can be more challenging to quantify than economic damages, as they are more subjective.

Non-economic damages in a drunk driving accident might include:

• Pain and suffering. Compensation for the physical pain associated with the accident.
• Mental or emotional distress. Compensation for the psychological stress associated with the accident.
• Loss of companionship and/or consortium. Compensation for any losses experienced by the injured party's spouse (e.g., emotional benefits of marriage, assistance with household chores, and/or intimacy).

Punitive Damages

Punitive damages are not meant to compensate the victim(s) but rather to punish the wrongdoer. In cases of gross negligence, a judge may order the at-fault drunk driver to pay punitive damages in addition to standard compensation.

Texas law caps punitive damages at two times economic damages plus an amount equal to non-economic damages, up to $750,000 or $200,000.

Types of Accidents

Drunk driving accidents can occur in various forms, each with its own set of challenges and consequences.

Motor Vehicle Accidents

Motor vehicle accidents are the most common type of accident involving drunk drivers. These accidents can result in serious injuries, fatalities, and significant property damage.

In Texas, motor vehicle accidents are a leading cause of death and injury, with drunk driving being a major contributing factor.

Suppose you have been involved in a motor vehicle accident caused by a drunk driver. In that case, it is crucial to seek the help of an experienced Austin car accident lawyer who can help you navigate the legal process and recover fair compensation for your losses.

Motorcycle Accidents

Motorcycle accidents involving drunk drivers can be particularly devastating, resulting in severe injuries and fatalities. Motorcyclists are more vulnerable to injury due to the lack of protection, making it essential to seek medical attention immediately after an accident.

If you or a loved one has been involved in a motorcycle accident caused by a drunk driver, it is vital to consult with an experienced motorcycle accident attorney who can help you recover compensation for your medical expenses, lost wages, and other damages.

What is the Average Settlement for a Drunk Driving Accident?

Average settlements for a drunk driving case are typically between $50,000 to over $125,000. A personal injury attorney can help calculate an accurate settlement for your unique case.

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Were you injured by a Drunk Driver?

We’re on top of it! Our team at Lorenz & Lorenz Accident & Injury Lawyers PLLC is dedicated to helping injured clients recover by fighting for the compensation they deserve for their injuries and lost wages.

We also offer a free case consultation to help you understand your options and navigate your claim effectively.

Texas Statute of Limitations for Drunk Driving Accidents

In Texas, the statute of limitations for personal injury claims, including those related to drunk driving, is 2 years from the date of the accident.

How a Drunk Driving Arrest Might Help Your Injury Case

In many car accident cases, it's one person's word against the other's. In drunk driving cases, proving the other person was negligent (and at fault) is more straightforward.

You have all the evidence you need if the other driver was arrested for DUI or DWI after the accident. In a personal injury lawsuit, you do not need to prove beyond a reasonable doubt that the other driver was drunk, as you would in a criminal case.

Will a Criminal DUI/DWI Case Affect My Civil Personal Injury Case?

Car accident attorneys are crucial in navigating criminal and civil cases. If the accused driver in a civil car accident lawsuit is criminally convicted of DWI, their criminal conviction may be used as evidence against them in the civil trial to demonstrate that they were found guilty of driving under the influence at the time of the accident.

Civil vs. Criminal Drunk Driving Cases in Texas

In Texas, driving under the influence can be both a criminal and a civil offense. After their behavior causes an accident, the at-fault party may face two cases—one criminal and one civil.

In criminal drunk-driving cases, the state brings charges against the defendant. So, if the case goes to trial, the prosecutor represents the state. The prosecutor must prove (1) the defendant operated a vehicle, (2) the vehicle was a motor vehicle, and (3) the defendant was under the influence of drugs and/or alcohol when they operated the motor vehicle.

If the defendant is found guilty in a criminal case, they may face jail time, fines, and loss of driving privileges. Criminal conviction may be used as evidence in the civil trial.

In civil drunk driving lawsuits, two individual parties (not the state) are involved. An injured party may file a lawsuit against the drunk driver to obtain compensation for damages and losses. If the defendant is found guilty in a civil lawsuit, they must pay the victim a specified amount.

How Bars & Restaurants Might Be Liable for Your Drunk Driving Accident Injuries

In Texas, two laws make other individuals and businesses liable for drunk-driving crashes: the “dram shop law” and the “social host law.” Auto accident attorneys are crucial in navigating these complex legal frameworks, ensuring victims receive the compensation they deserve.

So, can you sue a bar for a drunk driving accident?

Dram Shop Law

Dram shop law makes bars and restaurants liable for over-serving alcohol to customers. For a bar or restaurant to be liable in a civil case under dram shop law, the establishment must be found guilty of serving an obviously intoxicated customer, among other legal requirements.

Texas' social host law makes it a crime to serve alcohol to a known minor if that minor then causes injury or death while intoxicated. It also makes party hosts civilly liable for any damages and injuries when they serve alcoholic beverages — or allow alcoholic beverages to be served — to someone known to be underage, who then causes injury or damage.

DUI vs. DWI in Texas

When dealing with the aftermath of a serious car accident, hiring an experienced Austin drunk driving accident lawyer is essential for filing a car accident claim. These professionals can help navigate the complexities of insurance claims, ensure fair compensation, and address the emotional trauma that may arise from such incidents.

What is a DUI in Texas?

A DUI in Texas (per penal code 106.041) is any person under the age of 21 years who operates a vehicle in public places under any alcohol influence.

It's worth noting that, in Texas, there is a zero-tolerance policy towards drugs and alcohol in underage persons. This means if a person is under 21 years old and sips alcohol before driving, an officer can charge them with DUI.  

What is a DWI in Texas?

A DWI in Texas (per penal code 49.04) is an intoxicated driver who operates a vessel, motor vehicle, or even water skis in a public place while:

• Having more than 0.08% blood alcohol concentration (BAC) in blood, urine, or breath for any adult or at least 0.04% for commercial driver's license holders.
• Lacking normal physical or mental faculties as a result of alcohol consumption
• Lacking normal physical or mental faculties after consuming controlled substances like illegal drugs, over-the-counter medicine, prescriptions, and more.

What if the Drunk Driver Does Not Have Insurance to Cover My Damages?

If an uninsured drunk driver hits you, you can still pursue compensation for your damages. In such cases, seeking legal representation from an attorney experienced in personal injury law is crucial to navigate the complexities of insurance claims and ensure fair compensation. Speak with a personal injury lawyer to learn about your legal options for a settlement.

Free Case Review

Contact Lorenz & Lorenz Accident & Injury Lawyers, PLLC to share your story in a free case review online, at the hospital, or in our office.

Your lawyer will compile all the documentation, witness statements, medical bills, and other evidence to build the strongest case possible on your behalf for your losses.

Your lawyer will negotiate with the other side for the fair compensation you deserve.

If your case must go to trial, your lawyer will prepare it and advocate for you in court.

Your lawyer will contact you to discuss your options if a settlement is reached. If you accept, we will do all we can to get your check as soon as possible.

Choosing the Right Lawyer

Choosing the right Austin drunk driving accident lawyer for your case is crucial to ensuring you receive fair compensation for your losses. When selecting a lawyer, consider the following factors:

• Experience: Look for a lawyer with extensive experience handling drunk driving accident cases and a proven track record of success.
• Skill: Ensure the lawyer has in-depth knowledge of Texas law and the legal process surrounding drunk driving accidents.
• Communication: Choose a lawyer who is responsive, empathetic, and willing to communicate with you throughout the legal process.
• Reputation: Research the lawyer’s reputation online and request referrals from friends, family, or other trusted sources.

By selecting the right lawyer, you can ensure that your rights are protected and you receive the compensation you deserve for your losses. If you or a loved one has been involved in a drunk driving accident, contact an experienced Austin drunk driving accident lawyer today to schedule a free, no-obligation consultation and take the first step towards recovering fair compensation for your losses.

Related Articles & Info

• What You Should Know if You’ve Been in an Accident With a Drunk Driver
• What To Know if You’ve Been in an Accident with an Uninsured Driver
• How to Obtain Your Car Accident Report in Texas
• Am I eligible to receive compensation if I’m partially liable for my car accident?
• Why an Insurance Company May Be Delaying Your Car Accident Claim

Why Choose Lorenz & Lorenz Accident & Injury Lawyers PLLC as Your Drunk Driving Accident Lawyers?

The Austin personal iniury lawyers at Lorenz & Lorenz Accident & Injury Lawyers PLLC, a dedicated personal injury law firm, are experienced in fighting to get you the money you need and deserve. When you choose us to represent you, you are our top priority.

Since 2001, our law firm has aggressively pursued fair compensation for car accident victims. We’re here to hold all negligent parties and their insurance companies accountable to get you the compensation you deserve. Hear what our previous clients have to say.

Fill out the form below for a free case review or call 512-477-7333. We’ll always be available when you need us – 24 hours a day, 7 days a week, 365 days a year.

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