Police officer conducting a field sobriety test on a drunk driver at night.

What To Do After Getting Hit By a Drunk Driver in Texas

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Being hit by a drunk driver is a frightening and often life-altering experience. Beyond the immediate shock and potential injuries, victims must navigate a complicated process to seek compensation for their medical bills, vehicle repairs, and other losses. Understanding what steps to take after a driving while intoxicated (DWI) accident in Odessa or Midland can make all the difference in protecting your rights and maximizing your recovery. The attorneys from Braker White are here to explain what to do to strengthen your case and hold the intoxicated driver accountable. This guide will walk you through each step to take after being hit by a drunk driver and explain how to pursue the compensation you may be entitled to after an accident.

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1. Ensure Your Safety and Call 911

Your safety is the top priority. If possible, move your vehicle to a safe location, away from oncoming traffic, and call 911 to report the accident. Promptly seeking help can make sure you receive medical attention if needed and initiate the official accident report required for any legal and insurance claims.

2. Contact the Police and File a Report

When the police arrive, provide accurate details of the incident. Texas law mandates that accidents involving injuries or significant property damage be reported. A police report is extremely beneficial if you plan to file an insurance claim or a lawsuit against the driver. This report will contain valuable information about the driver’s intoxication level and fault, which can support your case. Be sure to ask the police for a copy of the report or instructions on how to obtain it, as this document will be crucial for your records and any legal actions you pursue.

3. Gather Evidence at the Scene

If it’s safe, gather as much information as possible at the scene. Take photos of the accident, including vehicle damage and any visible injuries. Collect contact information from witnesses and get the drunk driver’s insurance and contact details.

4. Seek Medical Attention Promptly

Even if you feel fine, seek medical evaluation as some injuries may not be immediately apparent. Medical records are vital for both your health and any future legal or insurance claims, providing proof of the injuries sustained in the accident.

5. Notify Your Insurance Company

Report the accident to your insurer as soon as possible. Provide them with the police report, photos, and any other relevant information. While it’s important to report the accident, avoid making any statements about fault or the extent of your injuries until you’ve consulted with a lawyer.

6. Reach Out to an Attorney

Consulting an experienced car accident attorney as soon as possible after a DWI accident can greatly strengthen your case and help ensure you’re on the right path to compensation. An attorney can:

  • Guide You Through the Legal Process: They will help you understand your rights, the next steps, and what to expect in terms of insurance claims and legal action.
  • Collect and Preserve Evidence: An attorney can gather valuable evidence, such as traffic camera footage or expert witness testimony, to support your claim.
  • Negotiate with Insurance Companies: Insurance companies often try to minimize payouts. An attorney can negotiate on your behalf to help secure a fair settlement.
  • Ensure Compliance with the Statute of Limitations: In Texas, the statute of limitations for filing a personal injury claim is 2 years from the date of the accident. Missing this deadline can bar you from seeking compensation, so working with an attorney early on helps ensure all legal requirements are met within this timeframe.

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What Damages Can You Claim After Being Hit By a Drunk Driver?

Texas law allows DWI accident victims to claim both economic and non-economic damages. Here’s a breakdown of the different types of damages you may be entitled to pursue:

Medical costs after a drunk driving accident can be overwhelming, especially if you require emergency treatment, surgery, or long-term care. Compensation may cover all medical bills related to the accident, including hospital stays, surgeries, prescription medications, physical therapy, and future rehabilitation needs. Document all your medical expenses to help ensure you’re reimbursed for these out-of-pocket costs.

Severe injuries can result in time away from work or even long-term disability, affecting your earning capacity. If your injuries prevent you from returning to work in the same capacity, or if they limit your ability to perform your job at all, you may be entitled to compensation for lost wages. Additionally, damages can include compensation for diminished earning potential if you are unable to work at your prior income level.

The drunk driver’s insurance should cover the costs of repairing or replacing your vehicle if it was damaged in the accident. Keep records of repair estimates, rental car expenses, and any other out-of-pocket costs associated with property damage to ensure these are reimbursed in your claim.

DWI accidents often cause significant physical pain and emotional trauma. Unlike economic damages, pain and suffering compensation addresses the intangible losses you’ve experienced, such as emotional distress, anxiety, and reduced quality of life. Pain and suffering damages are considered non-economic and are assessed based on the severity of the impact on your life.

In Texas, punitive damages can be awarded in cases involving gross negligence, including DWI accidents. These damages are intended to punish the drunk driver for their reckless behavior and serve as a deterrent to others. While punitive damages are not awarded in every case, they may apply if the driver’s actions were particularly egregious, such as a high blood alcohol concentration (BAC) or repeat DWI offenses.

Victim Restitution vs. Civil Lawsuits

After a DWI accident, the drunk driver may face criminal charges, which can include victim restitution. Victim restitution is a court-ordered payment that the driver must make to cover some of the victim’s costs. However, these payments are typically limited and may not cover all the damages you may be entitled to receive, such as ongoing medical care, pain and suffering, or lost future wages.

To seek full compensation, many DWI accident victims choose to file a civil lawsuit in addition to any criminal proceedings. A civil lawsuit allows you to pursue compensation for economic and non-economic damages not covered by restitution. Working with an attorney can help you understand which path is most appropriate for your situation and ensure that you are maximizing your potential compensation.

Is a Drunk Driver Automatically at Fault in Texas?

In Texas, driving under the influence is illegal, and a driver who is found to be intoxicated will generally be considered at fault if their impaired driving contributed to the accident. However, establishing fault in DWI cases can be more complex than it seems. While a drunk driver’s intoxication significantly increases their likelihood of being found liable, a thorough investigation that includes witness statements, police reports, and expert testimony can further support the determination of fault.

Comparative Fault in Texas

Texas follows a “modified comparative fault” rule, meaning that fault in an accident can be shared between multiple parties. Under this rule, if you are found to be partially responsible for the accident, any compensation you receive could be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your total damages would be reduced by 20%. However, Texas law allows you to seek compensation as long as you are less than 51% responsible for the accident. This means that even if you share some of the blame, you can still recover compensation for your injuries and losses if the drunk driver bears the majority of the fault.

Texas Dram Shop Laws

Under Texas’ dram shop laws, alcohol-serving establishments like bars or restaurants can be held liable if they overserved alcohol to a visibly intoxicated person who later caused a drunk driving accident. This law allows victims to seek compensation not only from the drunk driver but also from the establishment that contributed to the driver’s impaired state. However, dram shop cases can be complex and require thorough evidence of negligence on the part of the establishment. An attorney can help gather necessary evidence to build a strong case and pursue additional compensation from liable third parties.

Does Car Insurance Cover Drunk Driving Accidents?

Yes, car insurance generally covers damages caused by drunk driving accidents, but this coverage can vary based on the driver’s policy and circumstances. If you’re hit by a drunk driver, their liability insurance should cover your medical expenses, property damage, and other losses up to the policy limits. However, insurance companies may attempt to minimize payouts, especially in cases involving criminal behavior like DWI. An experienced attorney can help you navigate these situations and help ensure you receive fair compensation from the drunk driver’s insurer.

I Was Hit by a Drunk Driver With Insurance

If the drunk driver who hit you has insurance, their liability coverage should cover your expenses. Texas requires drivers to carry minimum liability insurance, which typically helps cover these costs if the drunk driver’s policy is up-to-date. However, if your losses exceed the policy limits, you may need to explore other options, such as underinsured motorist coverage, to fully recover your damages.

I Was Hit by a Drunk Driver With No Insurance

Being hit by an uninsured drunk driver can complicate your ability to recover damages. If the drunk driver doesn’t have insurance, you may be able to rely on your own uninsured motorist (UM) coverage to help cover medical bills, vehicle repairs, and other expenses. Texas insurance providers are required to offer UM coverage as part of auto policies, so check your policy to see if you have this protection. In cases where UM coverage is insufficient, consulting an attorney can help you explore additional legal options for pursuing compensation.

Why Choose Braker White After Being Hit by a Drunk Driver?

If you’ve been hit by a drunk driver, you deserve support from a law firm that understands the complexities of DWI accident claims and is committed to fighting for your rights. At Braker White, our experienced team knows the impact that a drunk driving accident can have on your life, and we’re here to guide you through every step, from gathering evidence to negotiating with insurance companies. Don’t let a drunk driver’s reckless behavior leave you without the compensation you need to move forward. Contact us today for a free consultation and let us help you pursue justice.