If you’ve been injured by a drunk driver, hiring an experienced drunk driving accident lawyer in Odessa, TX, greatly improves your chances of receiving the maximum compensation possible. An attorney will help assess the full extent of your damages, offer expert guidance during negotiations with insurance firms, and stand as your legal advocate in court if needed. Hiring an attorney gives you a much better chance of receiving the compensation you may need and deserve.
Have You Been Injured By a Drunk or Impaired Driver in Odessa, TX?
An Odessa drunk driving accident lawyer from Braker White is here to fight for the compensation you may be entitled to. Fill out the form or give us a call today to schedule a free case review.
You Have a Legal Right to Compensation
When you’ve been injured in an accident due to someone else’s negligence, you have the right to seek damages for your injury. We work hard to protect that right and get you the settlement you deserve.
We Work on Contingency
By working on contingency, we can offer compassionate and competent legal representation to our Texas neighbors without charging any upfront fees. You only pay if we win!
Our Odessa Drunk Driving Accident Attorneys
Table of Contents
- What should I do after an accident with a drunk driver?
- Midland-Odessa Drunk Driving Statistics
- Our Legal Services: How can a drunk driving accident lawyer help?
- Is the drunk driver liable for my injuries?
- What compensation can I seek after being hit by a drunk driver?
- Damages Available to Drunk Driving Victims in Texas
- What is the average settlement for a drunk driving accident?
- Texas Statute of Limitations for Drunk Driving Accidents
- How a Drunk Driving Arrest Might Help Your Injury Case
- How Bars & Restaurants Might Be Liable for Your Drunk Driving Accident Injuries
- DUI vs. DWI in Texas
- What if the drunk driver does not have insurance to cover my damages?
- Why choose Braker White for your drunk driving accident case?
- Related Articles & Info
What Should I Do After an Accident with a Drunk Driver?
If you’ve been in a car accident with a drunk driver…
- Dial 911 immediately to report the crash and request medical assistance for all parties involved.
- Provide a detailed account to the police when they arrive. They will compile a report and may administer sobriety tests to the suspected drunk driver, which could significantly influence your claim.
- Get the other driver’s contact and insurance information, including their full name, driver’s license number, vehicle registration details, and insurance policy number. Refrain from engaging in any discussions or settlements at the scene.
- Document the accident. Gather evidence by taking lots of photos/videos of the accident scene and obtain contact information of any eyewitnesses.
- Call your insurance provider.
- Contact an Odessa drunk driving accident attorney.
Midland-Odessa Drunk Driving Statistics
In Texas, 1,162 people were killed in drunk driving crashes in 2022 (2% increase from 2021), according to the Texas Department of Transportation. For reference, that’s equivalent to about 3.2 people dying every day from drunk driving.
Unfortunately, Odessa and Midland rank #1 and #2 in Texas for having the most fatal and serious injury crashes caused by drunk drivers.
If you or a loved one has been injured by a drunk driver, it’s important to seek full compensation for damages suffered. An Odessa drunk driving accident lawyer can greatly improve your chances of securing every penny you deserve.
Our Legal Services: How Can a Drunk Driving Accident Lawyer Help?
1. Your Free Case Review
The first step is a free case review. During the case review, your attorney will review your case’s details, determine what legal options are available, and explain everything to you in detail. If it is determined that you have an eligible case to file a personal injury claim, your attorney will be able to handle the claim filing process for you.
2. Evidence Collection
The second step is to collect evidence to support your claim. Strong evidence is critical in proving the other party is liable for your injuries and ultimately being compensated for your damages.
Common forms of evidence your attorney might collect:
- Photos and videos
- Medical bills and records
- Witness statements
- Vehicle data (speed, impact force, etc.)
- Information collected at the scene regarding the other driver’s state of mind (BAC levels, sobriety test performance, drugs or alcohol found in their possession, etc.)
Braker White’s personal injury attorneys are experienced in collecting evidence to build a strong case.
3. Negotiating With The Insurance Company
The third step is negotiating a settlement with the insurance company. Having a personal injury attorney negotiate with the insurance company on your behalf provides a major advantage. The insurance company’s goal is to pay you as little as possible, and they’re likely much better equipped to reach a favorable result for themselves than you are equipped to secure the compensation you need.
Our personal injury attorneys know roughly how much your compensation should be. We’re familiar with how insurance companies work, and we know how to beat them. Let us fight for every penny you deserve while you focus on recovery.
4. Delivering Your Settlement
The fourth step is to receive a settlement offer. After negotiations, the insurance company will send a settlement offer. You can choose to accept or reject the offer.
5. Representation in Court (If Your Case Goes to Trial)
The vast majority of personal injury cases do not go to trial. Going to trial poses a much greater risk to both sides and is often considered the ‘all-or-nothing’ route. Trials also tend to be more stressful, time-consuming, and expensive for both sides.However, in some cases, settlement negotiations will fail, and there’s no other path forward than to take the case to trial. If your case ends up going to trial, our attorneys will be there to fight for every penny you deserve.
6. Unwavering Legal Support
Throughout the entire process, our attorneys will be available to answer any questions, address any of your concerns, and make sure you understand what’s going on with your case. We’re here to guide you through the intricate legal processes and take as much of the legal burden off your shoulders as possible.
Our Results Speak For Themselves
Is the Drunk Driver Liable for My Injuries?
Yes, a drunk driver can be held liable for injuries they cause. Beyond facing potential criminal penalties, they can also be subject to civil action. If you’ve been injured by a drunk driver, you have the legal right to pursue a lawsuit for compensation. An attorney specializing in DUI/DWI cases can assist in assembling a compelling case to support your claim for damages.
What Compensation Can I Seek After Being Hit by a Drunk Driver?
After being struck by a drunk driver in Texas, you have the right to pursue compensation for both economic and non-economic damages. Additionally, if the driver’s behavior was particularly reckless, you might be eligible for punitive damages.
If the incident resulted in a fatality, the family of the deceased can file for wrongful death, seeking justice and compensation for their loss.
Damages Available to Drunk Driving Accident Victims in Texas
Economic damages are objective and calculable financial losses resulting from the accident.
In drunk driving accident cases, economic damages typically include:
- Vehicle repair or replacement
- Medical costs – compensation for hospital stays, medical treatments, rehabilitation, prescription medications, etc.
- Lost wages – compensation for missed income due to being unable to work because of associated injuries and recovery time
- Lost earning capacity – compensation for the long-term impact on the victim’s capacity to generate income due to the injuries sustained
Non-economic damages are intangible and not easily quantified, due to their subjective nature.
In drunk driving accident cases, non-economic damages typically include:
- Pain and suffering – compensation for the physical pain and discomfort endured as a result of the accident
- Mental or emotional distress – compensation for the psychological impact and stress caused by the accident
- Loss of companionship and/or consortium – compensation for the deprivation of the emotional support and relational benefits that the spouse of the injured individual may suffer
Punitive damages serve as a financial penalty against the offender for their egregious conduct, NOT for the purpose of compensating the victim. In cases of gross negligence, a judge may impose punitive damages on the at-fault drunk driver, over and above the compensatory damages awarded.
Under Texas legislation, the limit on punitive damages is twice the amount of economic damages plus an amount equal to the awarded non-economic damages, up to $200,000. If this total adds up to be more than $200,000, the cap on punitive damages is increased to $750,000.
To be awarded punitive damages in a case involving a drunk driver, it must be proven that the driver was engaged in unlawful activity at the time of the collision and that their behavior was characterized by a blatant and reckless disregard for safety, often described as “wanton misconduct”.
What is the Average Settlement for a Drunk Driving Accident?
The average settlement for drunk driving injury cases in Texas is typically between $50,000 – $125,000, but every case is unique. A drunk driving accident attorney will be able to help calculate an accurate settlement for your specific case.
Texas Statute of Limitations for Drunk Driving Accidents
In Texas, the statute of limitations for a drunk driving personal injury claim is 2 years from the date of the accident. This means you have 2 years to file a claim. If you do not file a claim within 2 years of your accident, you will not be able to file a claim and seek compensation. Learn more about Texas’ statute of limitations.
How a Drunk Driving Arrest Might Help Your Injury Case
Drunk driving accident cases are unique in that the intoxicated driver is usually subject to a sobriety test, and often arrested if they fail. When this happens, you usually have all the evidence you need to prove the other driver was negligent and at fault for your injuries.
If the accused driver in a civil car accident lawsuit is criminally convicted of DWI, their criminal conviction can 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 the state of Texas, driving while intoxicated (DWI) can lead to both criminal prosecution and civil litigation. An individual responsible for a DWI accident may face parallel legal challenges:
- A criminal case pursued by the state
- A civil lawsuit filed by the injured party
Criminal drunk driving cases are initiated by the state, with the prosecution bearing the burden of proof. The prosecutor must demonstrate that the accused:
- Was in actual physical control of a vehicle
- The vehicle qualifies as a motor vehicle under Texas law
- The accused was impaired by alcohol and/or drugs at the time of operation
A conviction in a criminal trial can result in incarceration, monetary fines, and the suspension or revocation of the defendant’s driver’s license. Evidence of a criminal conviction can also be influential in subsequent civil proceedings.
Civil drunk driving cases involve a direct legal claim by the injured individual against the DWI driver, seeking financial restitution for injuries and other damages incurred. In these civil cases, the finding of liability does not lead to criminal penalties but rather a monetary judgment against the defendant to compensate the plaintiff for their losses.
Bars & Restaurants May Be Liable for Your Drunk Driving Accident Injuries
Dram Shop Law
Dram shop law in Texas says that if a bar or restaurant keeps serving drinks to someone who is clearly already drunk, they can be held responsible. This means if a person goes on to cause harm because they were given too much alcohol, the establishment that served them the alcohol could be liable for those damages.
Social Host Law
In Texas, if someone hosts a party and serves alcohol to a person under 21 (or allows them to be served alcohol), and that young person then injures someone or causes damage to someone’s property, the person who gave them the alcohol could be held liable.
DUI vs. DWI
What is a DUI in Texas?
Under Texas law, a DUI is defined as any person under the age of 21 years who operates a vehicle in public places under any alcohol influence (per penal code 106.041).
Texas has a zero-tolerance policy towards drugs and alcohol use in underaged persons. This means if a person is under 21 years old and takes just a sip of alcohol before driving, they can be charged with DUI.
What is a DWI in Texas?
Under Texas law, a DWI is defined as an intoxicated driver who operates a vessel, motor vehicle, or even water skis in a public place while (per penal code 49.04):
- 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 the drunk driver who hit you does not have insurance (or not enough insurance) to cover your damages, you have a couple of options.
1. File a claim with your insurance
You may be able to file a claim with your own insurance company if you’re in an accident with an uninsured or underinsured drunk driver. If you have underinsured or uninsured motorist coverage on your policy, you will be able to file a claim and receive compensation from your own insurance.
2. File a claim against the drunk driver directly
The drunk driver responsible for your injuries is still liable for compensating you, whether they have insurance or not. This means filing a claim against the driver directly could be an option.
That being said, most people do not have sufficient funds to pay the amount owed. In this case, you may end up receiving smaller payments over a longer period of time, or be unable to collect what you are owed. If the drunk driver has the financial means to compensate you, you will be able to file a claim against them and likely be compensated.
Ask our drunk driving accident lawyers for more information on these options and which one would be best for your unique case.
Put An Award Winning Lawyer On Your Side!
Why Choose Braker White for Your Drunk Driver Accident Case?
At Braker White, we are dedicated to representing victims of drunk driving accidents in West Texas with a deep commitment to personal and compassionate legal service. Our firm, led by experienced attorneys Robert White and Greta Braker, is dedicated to providing personalized attention to each case, ensuring that every client is treated with the utmost care and respect.
Our Odessa drunk driving accident lawyers understand the complexities of drunk driving cases and the significant impact they have on our clients’ lives. Choosing Braker White means partnering with a firm that is not just skilled in the law but also deeply committed to fighting for your rights and recovery every step of the way.