What If Someone Is Hurt or Killed in Texas From an Alcohol-Related Crash?

Every 7 hours and 43 minutes, someone is hurt or killed in Texas from an alcohol-related crash, according to the Texas Department of Transportation. This sobering statistic underscores the devastating consequences of drunk driving in our state, which remains a significant public safety issue. If you or a loved one is injured or fatally harmed in an alcohol-related crash, you have the right to pursue justice and hold the responsible parties accountable. At The Law Firm of Aaron A. Herbert, we help victims navigate the legal process to secure the compensation they deserve.

Steps After a Drunk Driving Accident

If you or a loved one has been harmed in a drunk driving accident, you must take swift and strategic action to protect your rights. These steps not only safeguard your health but also help build a solid legal case against the negligent driver:

1. Seek immediate medical attention:
   Your health and safety should always come first. Even if you feel fine immediately after the crash, injuries such as whiplash, internal bleeding, or traumatic brain injuries may not show symptoms right away. Seeking medical care also provides documented proof of your injuries, which is essential for connecting them to the crash when filing a personal injury claim. Medical reports are critical pieces of evidence that can support the value of your compensation.
2. Call the police:
   Reporting the incident is a legal requirement in Texas if someone is harmed or there is significant property damage. The responding officer will file an official crash report, noting key details like whether the other driver appeared intoxicated or admitted to drinking. This information can strengthen your case by establishing liability and providing impartial event documentation.
3. Gather evidence at the scene:
   If you’re able to do so safely, take photos or videos of the accident site, including the damaged vehicles, license plates, skid marks, road conditions, and visible injuries. Collecting this proof can provide crucial support for your claim, especially in cases where the at-fault driver denies wrongdoing. Additionally, ask for contact information from witnesses, as their statements may reinforce your version of events.
4. Request a copy of the accident report:
   The crash report will include the officer’s observations, such as field sobriety test results or whether the driver smelled of alcohol. This documentation can serve as vital evidence when proving that alcohol consumption was a factor in the crash.
5. Avoid speaking with insurance adjusters before consulting an attorney:
   Insurance companies often look for ways to reduce their payouts. Anything you say to an adjuster could be misconstrued and used against you. Having an experienced personal injury lawyer handle communications ensures your case is presented in the strongest possible light.
6. Contact an experienced personal injury attorney:
   An attorney will investigate the accident, gather additional evidence, and negotiate with the insurance companies on your behalf. At The Law Firm of Aaron A. Herbert, we work to ensure that every piece of evidence is leveraged to maximize your recovery.

What Type of Compensation Is Available for DWI Accidents?

Victims of drunk driving incidents may be entitled to recover damages for a wide range of losses caused by the crash. Compensation can address both the immediate and long-term consequences of the incident, including:

• Medical expenses: This includes costs for emergency treatment, hospitalization, surgeries, rehabilitation, and ongoing medical care.
• Lost income: If you are unable to work due to your injuries, you can recover compensation for lost wages, as well as future earning potential, if your injuries result in a permanent disability.
• Property damage: The cost to repair or replace your vehicle or other personal property damaged in the crash.
• Pain and suffering: Non-economic damages, such as emotional distress, mental anguish, and loss of enjoyment of life, may also be recoverable.
• Wrongful death damages: If a loved one was killed in a drunk driving accident, surviving family members may be able to recover compensation for funeral expenses, loss of companionship, and loss of financial support.

According to the Texas Department of Transportation, the state continues to see a high number of alcohol-related crashes, making it even more important for victims to pursue claims to recover full compensation and seek justice.

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What About Dram Shop Liability?

Texas law allows victims of drunk driving accidents to hold not only the driver accountable but also the establishment that served them alcohol under certain conditions. This is known as “dram shop liability,” outlined in the Texas Alcoholic Beverage Code.

A business may be held liable if:

• It knowingly served alcohol to a visibly intoxicated person.
• That intoxication was the proximate cause of injuries or fatalities in the crash.

For example, if a bar served an individual who was clearly drunk and allowed them to leave and drive, the establishment could be named in a lawsuit alongside the driver. Additionally, Texas has a “social host liability” provision, which may hold individuals liable if they provide alcohol to minors who then cause an alcohol-related crash.

Proving the dram shop’s liability requires strong evidence, such as eyewitness accounts, receipts, or surveillance footage. A qualified injury attorney can help you investigate and build a case against the negligent establishment. According to the Texas Department of Transportation, alcohol-related crashes remain a persistent issue in the state, and dram shop lawsuits play a key role in deterring negligent alcohol service.

Call Us Today for the Legal Support You Deserve

If you or a loved one has been injured or killed in an alcohol-related crash, The Law Firm of Aaron A. Herbert is here to help. Our team is dedicated to securing the justice and compensation you deserve. Call us at 214.200.4878 or reach us online to schedule your free consultation today.