Houston Drunk Driving Accident Lawyer
Drunk drivers claim dozens of lives and injure hundreds of innocent people in Houston, Texas, every year. Those drivers, and even the people who served them, can be held liable. If you have been hurt in a crash, the drunk driving accident lawyers at The Lanier Law Firm can help you demand financial justice.
Since 1990, The Lanier Law Firm has passionately advocated for victims of drunk driving accidents and families grieving the unexpected and avoidable deaths of loved ones. Our nationally acclaimed Houston trial attorneys have helped clients recover billions of dollars in private settlements and jury awards.
Let us help you hold the drunk driver and other potentially liable parties fully responsible for the devastation they have caused. Call our Houston, Texas, law office to set up a free consultation.
How The Lanier Law Firm Can Help if You Have Been Hit by a Drunk Driver in Houston, Texas
The drunk driver may face criminal driving while intoxicated charges after the accident. However, taking their license or putting them behind bars won’t make up for the costs and trauma you have experienced because of their mistake.
Fortunately, you have the right to take legal action, and our Houston car accident lawyers can help. By turning to The Lanier Law Firm after a drunk driving crash, you will benefit from the knowledge, skills, resources, and reputation of our award-winning personal injury lawyers.
We understand how much rides on your personal injury claim, and we will go above and beyond to get you the best possible outcome. You will have the time to rest, recover, and focus on your future while our Houston personal injury attorneys:
- Coordinate a thorough independent investigation into your drunk driving crash
- Gather pertinent evidence—including police reports, blood and breath test results, video footage, photographs, witness testimony, medical records, and physical evidence from the scene—to strengthen your claim for damages
- Determine who, other than the drunk driver that hit you, could be liable
- Consult with knowledgeable breathalyzer experts, medical professionals, accident reconstructionists, psychologists, and other specialists throughout the process
- Enter negotiations armed with strong arguments designed to secure a meaningful settlement on your behalf
As top-rated litigators, we are fully prepared to help you reject lowball offers and bring your case to trial. We will work tirelessly to ensure that you not only win your drunk driving accident case but get a financial award that truly reflects what it is worth.
Contact our Houston law office to get started. Your initial case evaluation is free.
Understanding Liability for a Drunk Driving Accident
It is against the law to drive while under the influence of drugs or alcohol in the state of Texas. A driver is presumed drunk if their blood alcohol concentration is equal to or greater than .08 percent. A driver can also be considered drunk if their blood alcohol concentration is above 0 and they lack the mental or physical ability to drive safely.
Drunk Driving Accident Lawsuits in Texas Are Based on Negligence
In addition to facing criminal charges for driving drunk, a driver can also be sued for negligence. Negligence refers to the failure to demonstrate reasonable care in a situation that causes another person injury.
You can prove negligence and liability to win your drunk accident lawsuit by establishing:
- The other driver owed you a duty of care (i.e., they were operating a motor vehicle and, therefore, had a responsibility to follow the law and exercise caution)
- The other driver consumed alcohol, which inhibited their ability to drive safely, thereby breaching the duty of care owed to you
- The driver caused an accident in which you were injured because they were intoxicated
- You suffered damages
If the driver is convicted of driving while intoxicated, you can use that to invoke the legal doctrine of negligence per se. Negligence per se can be used in situations where a person violates a law that is intended to protect and prevent certain types of injuries.
Texas’s driving while intoxicated laws are an example, as they intend to protect motorists (and bystanders) and prevent accidents, injuries, and deaths on the road. If you can show that the driver drove drunk, in violation of the law, negligence is presumed. You then have to prove your injuries and damages are a direct result.
Texas Dram Shop Laws
In some instances, the drunk driver might not be the only one liable for a crash. Texas has a dram shop law that holds bars or alcohol retailers liable if a customer is overserved and gets into an accident.
Under Texas Alcoholic Beverage Code Section 2.01, bars, restaurants, or stores can be liable for accidents resulting in personal injury, death, or property damage if they sold, served, or provided alcohol to someone who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.”
Adults over the age of 21 can also be liable for a drunk driving accident if they serve or provide alcohol to a minor who then causes a crash.
What damages are available for drunk driving accident victims in Houston?
In drunk driving accident cases, victims may be eligible to receive economic damages (to offset financial costs) and noneconomic damages (for hard-to-value life changes). Common examples include:
- Medical bills
- Lost wages
- Lost wages
- Lost job benefits
- Lost job opportunities
- Nursing care
- Property damage
- Funeral costs if a drunk driving accident in Houston is fatal
- Pain and suffering
- Emotional distress
- Loss of consortium
- Post-traumatic stress disorder
Our Houston car accident attorneys can also seek punitive damages when clear and convincing evidence shows the drunk driver acted intentionally or displayed a reckless disregard for the victim’s safety. Punitive awards might be most applicable in situations where a driver’s blood alcohol concentration is extremely elevated or when a crash is fatal.
Drunk Driving Accidents Can Cause Catastrophic Injuries
At The Lanier Law Firm in Houston, we represent victims of drunk driving accidents who have suffered: