Hurt by a drunk or impaired driver? Call (210) 996-2237 for a free consultation with Caquias Law Group, PLLC. Se habla español.
If you were hit by a driver you believe was drunk or high: call 911 so police document the driver’s condition, get medical care, photograph the scene, and get witness names. Note where the driver said they had been drinking. A criminal case against the driver does not pay your bills. A separate civil claim does.
When a drunk driver causes a crash, there are usually two separate cases:
Evidence from the criminal case, such as the police report and test results, can help the civil claim.
Under the Texas Dram Shop Act, a business that sells or serves alcohol may be liable if, when it served the driver, it was apparent that the driver was obviously intoxicated to the extent of presenting a clear danger to themselves and others, and the intoxication was a cause of your injuries (Tex. Alco. Bev. Code § 2.02(b)). Receipts, bar tabs, video, and witness accounts can help show where and how the driver was served.
A business may be able to avoid liability for its employee’s conduct if it required its employees to complete state-approved seller training, the employee actually attended, and the business did not encourage the violation (Tex. Alco. Bev. Code § 106.14(a)).
Texas law also allows a claim against an adult 21 or older who knowingly provides alcohol to a minor under 18, or allows a minor to be served on property the adult owns or leases. This does not apply to the minor’s parent, guardian, or spouse (§ 2.02(c)).
Texas allows exemplary (punitive) damages when a claimant proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence (Tex. Civ. Prac. & Rem. Code § 41.003). Texas normally caps those damages, but the cap does not apply when the claim is based on conduct described as felony intoxication assault or intoxication manslaughter (§ 41.008(c)).
Drunk drivers are sometimes uninsured or carry only minimum coverage. Your own uninsured/underinsured motorist (UM/UIM) and personal injury protection (PIP) coverage may help unless it was rejected in writing (Tex. Ins. Code §§ 1952.101, 1952.152).
When a crash takes a life, the family may have a wrongful death claim. For crashes involving commercial trucks, see our 18-wheeler page.
If you were hurt by a drunk or impaired driver in San Antonio, Harlingen, or the Rio Grande Valley, call (210) 996-2237 (San Antonio) or (956) 435-7789 (Harlingen) for a free consultation. No fee unless you win.*
Often, yes. Personal injury protection (PIP) coverage on your own policy pays regardless of who was at fault. For underinsured motorist (UIM) coverage, your insurer generally receives credit for the at-fault driver’s liability limits, so UIM applies to damages above those limits. For example, if the at-fault driver has $30,000 in coverage, your UIM coverage would generally apply to damages above $30,000, up to your UIM limit.
It depends, but often yes. For example, if the at-fault driver was working, there could be a claim against the driver’s policy, the employer’s commercial policy, and your own UM/UIM coverage. Insurance companies may resist but sometimes pay to avoid litigation.
The minimum auto insurance policy is $30,000 per person and $60,000 per accident. Higher policies exist such as $50,000/$100,000 or $100,000/$300,000.
Document everything. Take photos, get medical treatment, and avoid saying things like ‘I’m fine’ because these can be used against you. Hire an attorney early to protect your claim and guide communication.
Yes. Many injuries (like herniated discs or internal issues) do not show up immediately. Going to a doctor creates a medical record that links your symptoms to the accident. Photos of bruises and injuries are also critical since these heal and may not appear in medical records.
The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Caquias Law Group, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. Past results and client testimonials do not guarantee a similar outcome; each case is different. Read More
Attorney responsible for the content of this website: Tomas A. Caquias of Caquias Law Group, PLLC. Principal office: San Antonio, Texas.
*Attorney's fees and case costs are governed by the client's written fee agreement.
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