Hit by a Drunk Driver in Houston? Know Your Rights and Options

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Our Houston Drunk Driver Accident Lawyers Will Fight for the Compensation You Deserve

Drunk driving is a serious problem in Texas. Every year, thousands of people are hurt or killed in crashes caused by impaired drivers. Houston and Harris County consistently rank among the areas with the highest numbers of drunk driving accidents. If you or a loved one has been hit by a drunk driver in the Houston area, you are not alone. More importantly, you have the right to seek justice and compensation from the responsible party.

Our experienced Houston drunk driving accident lawyers at The Adley Law Firm have helped countless Texans recover compensation for their injuries. We offer free consultations and bilingual support, and we work on a contingency-fee basis – meaning you pay nothing unless we win your case. Don’t let a drunk driver’s reckless actions derail your future.

Contact our Houston office today for a free consultation, and let our team fight for the compensation you deserve.

Steps to Take After a Drunk Driving Accident

In the chaotic moments after a drunk driver hits your car, it’s important to stay calm and take the right steps to protect your health and legal rights. Here are the critical steps to follow after a drunk driving crash in Houston:

1. Call 911 immediately. Report the accident and let the dispatcher know that the other driver may be intoxicated. Police need to arrive to secure the scene and document the drunk driver’s condition. Do not try to confront the driver yourself. Let the officers handle the situation. The police accident report and any breath or blood test results will be key evidence of the driver’s intoxication. Also, be sure to request medical assistance for anyone who is injured.
2. Seek medical attention as soon as possible. If you are seriously hurt, this is the top priority. Even if your injuries seem minor, get a medical evaluation promptly. Adrenaline after a crash can mask pain, and some injuries aren’t immediately obvious. Seeing a doctor right away not only protects your health but also creates important medical records linking the crash to your injuries.
3. Gather evidence at the scene (if it’s safe to do so). If you are able, collect evidence of the accident. Take photos of the vehicle damage, skid marks on the road, and any visible injuries. Try to photograph the other car’s license plate and any signs of alcohol, such as open beer cans or bottles. If the driver appears drunk, video footage capturing slurred speech or unsteady movement can be very valuable. (Drunk drivers sometimes attempt to flee the scene, so documenting details quickly is important.) If there are eyewitnesses, get their names and contact information before they leave. Eyewitness testimony about the crash or the other driver’s behavior can be extremely helpful later on.
4. Notify your insurance company. Texas law requires drivers to report accidents to their insurer promptly. When you report the crash, stick to the basic facts of what happened. Do not give any recorded statement or accept any settlement offer from any insurance company (yours or the drunk driver’s) without consulting an attorney first. Insurance adjusters may pressure you, but you are not obligated to give a statement without legal advice.
5. Contact a drunk driving accident lawyer. As soon as possible, reach out to an experienced personal injury attorney – especially one who has handled drunk driving accident cases. A Houston car accident lawyer will guide you through protecting your rights, handle all communication with the insurance companies, and begin an investigation into the crash (obtaining the police report, gathering witness statements, etc.). Early legal help can significantly improve the outcome of your claim. Remember, initial consultations are free, and a knowledgeable attorney can advise you on the best next steps.

Can I Sue a Drunk Driver Who Hit Me?

Yes. If you were injured by a drunk driver, you have the right to file a personal injury claim or lawsuit against them. In Texas, driving while intoxicated (DWI) is a crime, but it also makes the driver civilly liable for the harm they cause. You can sue the drunk driver for damages to cover your medical bills, lost income, pain and suffering, property damage, and other losses resulting from the accident. It doesn’t matter whether the driver is facing criminal DWI charges or not – your civil claim is separate from the criminal case.

It’s important to understand that the drunk driver’s criminal case and your civil case are independent of each other. The criminal DWI case may result in jail time or fines for the driver, but it will not pay for your medical bills or other damages. Only a civil claim can provide compensation directly to you. You have the right to pursue a civil claim regardless of the outcome of the criminal proceedings. In other words, even if the driver isn’t convicted of DWI, you can still seek damages for your injuries. On the other hand, if the driver is convicted of drunk driving, that conviction can serve as powerful evidence of negligence in your civil case.

Suing a drunk driver typically falls under the legal concept of negligence. In fact, driving drunk is against Texas law, so the driver is often considered negligent per se (inherently negligent) for violating safety laws. In practice, this means the driver breached their duty to drive safely by choosing to drive while intoxicated, and that reckless choice caused your injuries. Your attorney will gather strong evidence of the driver’s impairment – such as the police report, results of any breathalyzer or blood tests, and witness statements – to build a solid case against the at-fault driver. With clear proof that the other motorist was drunk, their insurance company will be under pressure to settle your claim. However, insurance companies may still try to minimize the payout or argue about the extent of your injuries. That’s why having a lawyer advocate for your full compensation is so crucial. An experienced drunk driving accident attorney can counter the insurance company’s tactics and fight for the maximum compensation you deserve.

Compensation for Being Hit by a Drunk Driver

After a serious accident, one of the biggest questions on your mind is likely, “What compensation can I recover from the at-fault party?” As a victim of a drunk driver, Texas law allows you to seek compensation for a wide range of losses – addressing both your financial costs and the personal impact the accident has had on your life. Here are some of the types of damages you may be entitled to claim:

• Medical expenses: All past and future medical costs related to your accident injuries. This includes emergency care at the scene or ER, hospital bills, surgeries, medication, rehabilitation and physical therapy, follow-up doctor visits, and any ongoing or long-term treatment you require.
• Lost wages and loss of earning capacity: Income you lost because your injuries prevented you from working during recovery. If your injuries have caused long-term limitations or disability that affect your ability to earn in the future, you can also claim compensation for the reduction in your future earning capacity.
• Pain and suffering: Compensation for the physical pain, discomfort, and emotional distress you’ve endured due to the accident and your injuries. This category can include mental anguish, trauma (such as anxiety or PTSD from the crash), and loss of enjoyment of life if you can no longer participate in activities you once loved.
• Property damage: The cost to repair or replace your vehicle and any other personal property that was damaged in the accident. While property damage is often handled separately from your injury claim, it is still an important loss you can recover from the at-fault driver or their insurer.
• Punitive damages: In cases of extreme negligence or wrongdoing (for example, driving drunk), Texas courts may award punitive damages. These are additional damages meant to punish the wrongdoer and deter similar behavior in the future. Not every case will involve punitive damages, but a drunk driver’s egregious conduct can justify them in serious cases.

Every accident case is unique, and the exact value of your claim will depend on several factors – such as the severity of your injuries, the clarity of the evidence against the drunk driver, and the insurance policy limits available. Texas juries (and insurance adjusters) tend to view drunk drivers very unfavorably. This general attitude can strengthen your position when it comes time to negotiate a settlement or argue your case, since there is little sympathy for the intoxicated driver’s actions.

However, it’s important to remember that insurance companies still often try to minimize payouts. An adjuster might argue that your injuries aren’t as severe as you claim, or they might suggest some of your problems were pre-existing and not caused by the accident. This is why having a skilled attorney on your side is so important. We will thoroughly document all of your losses – medical, financial, and personal – and fight for the maximum compensation you deserve, so that the insurance company cannot downplay the impact of the drunk driving crash on your life.

What Is the Average Settlement for Being Hit by a Drunk Driver?

It’s natural to wonder how much money you might receive from a settlement after a drunk driving accident. The truth is, there is no fixed settlement value for these cases – every claim is different because it depends on factors like the severity of injuries, the total medical costs, and the insurance coverage available. That said, some industry estimates suggest that the average car accident settlement in Texas is on the order of tens of thousands of dollars (for example, often in the range of $20,000 or more). Drunk driving accident cases, however, frequently exceed those average figures when serious harm is involved.

Crashes caused by drunk drivers tend to lead to larger settlements than a typical car accident, mainly because the at-fault driver’s conduct was so egregious. Courts and insurers recognize that drunk driving is reckless behavior, and in a severe injury case there may even be punitive damages on top of compensatory damages. A relatively minor injury case might still recover several thousand dollars in a settlement. On the other hand, cases involving very serious injuries or a wrongful death caused by a drunk driver can result in six-figure or even seven-figure settlements, depending on the circumstances. Ultimately, the settlement value will hinge on the specific facts of your case, but an experienced attorney can give you a better idea of what to expect and will work to maximize that amount.

Can I Sue a Bar or Restaurant That Served the Drunk Driver?

Drunk drivers aren’t always the only ones to blame for an accident. In Texas, you may have a legal claim against the bar, restaurant, or establishment that served alcohol to the driver before the crash, thanks to what’s known as the Texas Dram Shop Law. Under Texas law, a alcohol vendor can be held liable if their service contributed to the accident. Generally, to succeed in a dram shop claim against a bar or restaurant, you must prove that:

• The establishment sold or served alcohol to someone who was obviously intoxicated. This means the person was showing clear signs of intoxication (for example, slurring speech, stumbling, or other indicators that they posed a danger to themselves or others), and despite those signs, the bar or restaurant continued to serve them more alcohol.
• The intoxication directly led to the accident and your injuries. In other words, the fact that the patron was overserved and extremely drunk was a direct cause of the crash that hurt you. (If that person hadn’t been so intoxicated, the accident likely would not have happened.)

If those conditions are met, you can potentially sue not just the drunk driver who hit you, but also the establishment that over-served them. For example, imagine a Houston bar kept serving a customer who was clearly intoxicated (slurring, stumbling, etc.), and then that customer drove away and crashed into you. In that scenario, the bar could be found liable under Texas’s dram shop law for contributing to the accident. Going after a bar or restaurant can be especially important if the drunk driver’s own auto insurance is not sufficient to cover all of your damages (which is common in crashes causing serious injuries), or if the driver had no insurance at all. Bars and restaurants typically carry much larger insurance policies than individual drivers, so including the establishment in your claim can make a big difference in your ability to be fully compensated.

Dram shop cases can be more complex than a standard car accident claim. Key evidence might include things like bar receipts or credit card records showing how many drinks were served, surveillance video from the establishment, and witness testimony from bartenders or other patrons about the driver’s condition before leaving. Our attorneys are experienced in handling dram shop lawsuits and investigating these situations. We know how to find out if an establishment violated its duty by overserving alcohol, and we will work to hold them accountable if so. By pursuing all liable parties, including the drunk driver and the establishment that enabled them, we aim to maximize the compensation available for you.

What If the Drunk Driver Doesn’t Have Insurance?

Unfortunately, some intoxicated drivers cause accidents while carrying no auto insurance, or far too little insurance to cover the damage they’ve done. If you were hit by a drunk driver who is uninsured or underinsured, recovering compensation can be more challenging – but you still have options. Here are a few avenues to consider if the at-fault driver lacks adequate insurance:

• Your own Uninsured/Underinsured Motorist (UM/UIM) coverage: In Texas, auto insurers must offer UM/UIM coverage with every auto policy. If you carry this coverage, it can step in when the at-fault driver has no insurance or not enough insurance. You can file a claim with your own insurance company under your UM/UIM policy to cover your damages (medical bills, lost wages, etc.) up to the limits of your coverage.
• Dram shop claim against a third party: As mentioned above, if a bar or restaurant overserved the drunk driver, that establishment could be held liable for the accident. This route becomes especially important when the driver has no insurance – the bar’s insurance policy might be available to cover your losses instead. A dram shop claim can help ensure you are not left uncompensated just because the driver was uninsured.

Even if the at-fault driver has no insurance, do not assume you’ll be left with nothing. In some cases, you may also file a personal injury lawsuit directly against the driver to seek compensation from their personal assets (though an uninsured driver often has limited ability to pay). A knowledgeable attorney can help explore all possible routes of compensation so that you aren’t stuck paying for someone else’s reckless behavior. We can assist you with filing a UM/UIM claim and investigating any third-party liability (such as a bar that served the driver), making sure you’re not left footing the bill for a drunk driver’s actions.

How Long Do I Have to File a Claim After a Drunk Driving Accident in Texas?

If you’ve been hit by a drunk driver, it’s important to pay attention to the statute of limitations – the legal deadline for filing a claim. In Texas, the statute of limitations for a personal injury case (including drunk driving accident claims) is generally two years from the date of the accident. This means you typically have up to two years to file a lawsuit against the drunk driver and any other liable parties. If a family member was tragically killed by a drunk driver and you are pursuing a wrongful death claim, Texas law also usually gives you two years from the date of your loved one’s death to file that case.

Failing to file your claim within the two-year time frame could result in your case being dismissed and you losing your right to seek compensation through the courts. There can sometimes be exceptions or special circumstances that affect the deadline (for example, if the injured person was a minor, the clock might start later), but in general it’s best to act well before the two years are up. Additionally, acting sooner rather than later can strengthen your case – evidence can fade or be lost over time, and witnesses can be harder to locate as more time passes. By contacting a drunk driving accident lawyer promptly, you can ensure that your case is filed on time and that critical evidence is preserved. Your attorney will keep track of all deadlines and make sure your rights are protected while you focus on recovering.

What If a Loved One Is Killed by a Drunk Driver?

Drunk driving crashes can have devastating consequences, and in the worst cases they result in the loss of life. If a loved one was killed by a drunk driver, the at-fault individual can face both criminal and civil consequences. From the civil side, the victim’s family has the right to file a wrongful death lawsuit against the drunk driver (and any other responsible parties) to seek compensation for their losses. A wrongful death claim can help the family recover damages such as funeral and burial expenses, loss of the loved one’s financial support and income, loss of companionship, and the emotional pain and suffering caused by the untimely death. Our firm is here to guide families through that process with compassion and determination, ensuring that the drunk driver is held accountable for the heartbreak they’ve caused.

In addition to the civil lawsuit, Texas has recently enacted a new law – often referred to as Bentley’s Law – to further hold convicted drunk drivers financially accountable to victims’ families. Under Texas House Bill 393, if a drunk driver is convicted in criminal court of intoxication manslaughter (in other words, they killed someone while driving drunk) and the victim was a parent of minor children, then the court will order that offender to pay child support to the victim’s surviving minor children. The payments would continue until those children reach adulthood. This means a convicted drunk driver who takes a parent away from their kids will have a legal obligation to provide financial support to those children, helping to offset the loss of the parent’s income and support.

It’s important to note that this child support requirement comes from the criminal case after a conviction and is separate from any civil wrongful death claim the family may pursue. In a civil lawsuit, the drunk driver (and any other liable parties, such as a bar under dram shop laws) could be compelled to pay a lump sum or damages award to the family for their losses. Our attorneys will explore all possible avenues to help your family secure justice and financial stability after such a tragedy – from filing a wrongful death claim to ensuring the enforcement of Bentley’s Law when applicable. Losing a loved one to a drunk driver is heartbreaking, and while no amount of money can bring them back, we are dedicated to holding the responsible person accountable and helping your family move forward as much as possible.

Why Choose Adley Law Firm?

• Proven Results: We have helped thousands of Texans and recovered millions of dollars for our clients in personal injury cases.
• Client-Focused: We provide personalized, compassionate service. Our team is bilingual (English & Spanish) and will keep you informed at every step of your case.
• Experienced: We have decades of experience handling car accident cases, including drunk driving accidents. We know how to stand up to insurance companies and fight effectively on your behalf.
• No Win, No Fee: You pay nothing upfront and no fees at all unless we win your case. We only get paid when you get paid, so you can pursue justice without financial risk.
• Free Consultation: We offer a free, no-obligation case evaluation. We’ll answer your questions, explain your options, and give you honest advice at no cost to you.

After a serious accident caused by a drunk driver, our mission is to take the burden off you. While you focus on healing and putting your life back together, we handle everything else: investigating the crash, dealing with the insurance companies, and fighting for the maximum compensation available. Our dedication, experience, and genuine care for our clients set us apart as a top choice for Houston injury victims. We know you’re going through a difficult time, and we truly want to help you get the justice and peace of mind you deserve.

Contact The Adley Law Firm for a Free Consultation

If you or a loved one has been hit by a drunk driver in Houston, don’t wait to get the help you need. Contact The Adley Law Firm today to discuss your legal options. Our compassionate Houston drunk driving accident attorneys are ready to listen to your story and fight for you.

Call us to schedule your free consultation. Our team is available 24/7, so there is always someone ready to take your call. Remember, you won’t pay any fees unless we win your case – we work on a contingency fee basis to make quality legal representation accessible to everyone. Let us help you hold the drunk driver accountable for their actions and pursue the compensation you need to move forward. Reach out today and take the first step towards justice and recovery.