Getting hit by a drunk driver is one of the most traumatic and unfair experiences a person can endure. Suddenly, you’re left dealing with painful injuries, vehicle damage, lost time at work, and a mountain of uncertainty. In Texas, and especially in Houston, where busy highways like I-45 and intersections like Westheimer & Dunvale see high crash rates, DWI accidents are tragically common.
If you’ve been injured in a drunk driving accident, you have rights. Knowing what steps to take next can help you protect your health, financial future, and legal claim. This guide walks you through exactly what to do after a DWI crash in Houston and how a trusted drunk driving accident lawyer can help.
1. Assess for Injuries
The first thing you should do after a collision is check yourself and your passengers for injuries. Even if you feel okay, adrenaline may be masking some pain. If anyone is injured, call 911 and request emergency medical assistance.
Do not attempt to move anyone who is unconscious or appears to have serious trauma. Wait for first responders, who will safely move injured persons. Improperly moving someone with an injury can lead to further injury or paralysis.
2. Report the Crash & Gather Evidence
Call the police and report the crash, especially if you suspect the other driver is intoxicated. An officer will investigate, create an official crash report, and likely administer a sobriety or BAC test if alcohol is suspected. This police documentation is critical for your case.
Gather the following, if safe to do so:
- Photos of vehicle damage, skid marks, and the surrounding area
- Video or photos of the suspected drunk driver’s behavior
- Names and contact info of witnesses
- The other driver’s license plate and insurance information
- A copy or number of the police report, once available
Never confront the drunk driver directly, as this can be dangerous in some cases. Let law enforcement handle them.
3. Seek Medical Treatment
Even if your injuries seem minor, seek medical care right away. Internal injuries, whiplash, and concussions are common in drunk driving crashes and may not show symptoms immediately. Prompt treatment also documents your condition, which supports your injury claim.
4. Log Medical Records, Photos, and Police Reports
Keep a folder tracking your recovery and medical needs. Include:
- ER and urgent care records
- Diagnostic test results (such as X-rays and CT scans)
- Photos of injuries
- Prescription receipts and medical bills
- Time off work and wage loss documentation
- Police report number or copy
The more detailed your records, the stronger your case will be, especially when seeking damages or filing with insurance. A skilled DUI accident lawyer can help you organize this evidence for your claim.
Understanding Texas Drunk Driving Laws
In Texas, a driver is considered legally intoxicated when their blood alcohol concentration (BAC) is 0.08% or higher, or if they are impaired by drugs or alcohol, even if their BAC is lower. Driving while intoxicated (DWI) is a criminal offense with both legal and civil consequences. According to the Texas Department of Transportation, alcohol-related crashes account for approximately one-quarter (26%) of all traffic fatalities in the state, with thousands of injuries occurring annually from impaired driving incidents.
Drunk driving in Texas can involve:
- Operating a motor vehicle with a BAC of 0.08% or more
- Driving while impaired because of alcohol or controlled substances
- Having an open container of alcohol in the vehicle
- Causing bodily injury or death while intoxicated (DWI with assault/manslaughter)
When a drunk driver causes a crash, victims can pursue civil damages in addition to the criminal charges the driver may face. If you are a victim of a drunk-driving crash, it is important to contact a drunk driving accident lawyer to receive legal care and maximize compensation for your injuries.
What You Can Recover From a Drunk-Driving Injury Claim
Victims of drunk drivers can seek compensation for a wide range of losses. A skilled drunk driving accident attorney can help calculate the full extent of your damages, including both financial losses and non-economic harm.
Depending on your case, you may be entitled to:
- Medical bills (past and future)
- Lost wages and future earning potential
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
- Punitive damages (in extreme cases)
Contact Payne Law Firm to fully understand the extent of your compensation.
Texas Dram-Shop Claims: When the Bar Can Be Sued
Under Texas law, certain establishments that serve alcohol—like bars, clubs, or restaurants—can be held liable for serving a visibly intoxicated person who then causes a crash. This is referred to as a “dram shop claim.”
A DWI accident lawyer can help you determine if a bar, liquor store, or social host may share responsibility for your accident.
You may have a claim if:
- The establishment knowingly served an obviously intoxicated person
- The intoxicated person caused your injuries while operating a vehicle
- The business’s actions were a direct cause of the crash
In some cases, both the driver and the alcohol provider can be named in a civil lawsuit to increase potential compensation.
Contact a Drunk Driving Accident Lawyer in Houston, TX, Today
Recovering from a drunk driving accident is hard enough without the added stress of legal paperwork and insurance games. That’s why it’s essential to have an experienced legal advocate by your side.
An experienced drunk driving accident lawyer can help you:
- File your claim quickly and accurately
- Preserve evidence before it’s lost
- Represent your best interests during negotiations
- Pursue the maximum compensation allowed by law
If you’re unsure whether your case qualifies or have questions about liability, damages, or dram shop laws, contact the Payne Law Firm for a free consultation. We are serious about your case, providing expert legal counsel from start to finish. Our team is here to tell your story and protect your rights on Houston’s most dangerous roads and intersections.
FAQs
Does insurance cover an accident if you were drunk?
Yes, generally speaking, insurance companies still pay for damages caused by drunk drivers. While driving under the influence is illegal, insurance policies typically cover accidents resulting from negligence, including driving while intoxicated. However, insurers may still attempt to deny or reduce payment. That’s why working with a drunk driving accident lawyer can help protect your rights during negotiations.
How hard is it to win a car accident lawsuit?
Winning a car accident lawsuit hinges on strong evidence and smart legal strategy. If your case includes clear fault (such as a DUI) and thorough documentation, like police reports, medical records, and expert testimony, you have a good chance of receiving fair compensation. That said, insurers may still resist or delay payment, so having a skilled DUI accident lawyer in your corner greatly increases your chances of success.
