Conroe Drunk Driving Accident Attorney

Texas Drunk Driving Accident Statistics

Despite strict laws against it—and harsh criminal penalties for offenders—drunk driving remains a huge problem in Texas. All too often, people make the choice to get behind the wheel of a motor vehicle when intoxicated, putting themselves and others at serious risk.

The Texas Department of Transportation reports that, in 2020:

• 958 people died in alcohol-related crashes
• 25% of all traffic accident fatalities were alcohol-related
• The most dangerous hour of the day for alcohol-related crashes was between 2 and 3 a.m.
• There were 12 alcohol-related fatalities in Montgomery County alone

Tragically, all of these crashes and fatalities could have been prevented, had the drunk driver simply made the right choice and not gotten behind the wheel.

How Is a Drunk Driving Accident Claim Different Than a Criminal Case?

Because driving while intoxicated (DWI) is a crime in Texas, drunk drivers face criminal and administrative penalties, including jail time, fines, driver’s license suspension/revocation, and more. However, victims of drunk drivers don’t always realize that they can also bring civil claims against drunk drivers and seek compensation for their damages after an accident.

A drunk driving accident claim is a civil action, meaning the defendant does not face criminal penalties but, rather, could be made to compensate the victim for the harm they have suffered as a result of the defendant’s negligence. Because Texas is a “fault” state, you will most likely file a claim against the drunk driver’s insurance provider. Our Conroe drunk driving accident lawyers can aid you in this process, answering any questions you have and addressing your specific concerns.

Dram Shop & Social Host Laws In Texas

In some cases, the drunk driver is not the only one who can be held legally liable for an accident. In some cases, you may be able to hold the person or establishment that provided the alcohol to the drunk driver liable for your damages.

Under Texas’s Alcoholic Beverage Code, Chapter Two, you can hold a vendor liable in the following circumstances:

• When the individual provided with alcohol was a minor
• When the individual was sold/provided alcohol while “obviously” intoxicated or to the point to which he or she posed a “clear danger” to him/herself and/or others
• When the individual’s intoxication could foreseeably cause injuries/damages

For example, if a bar over-serves a patron and the patron was clearly and visibly intoxicated, the bar could be legally liable for injuries caused by the patron.

Additionally, Texas’s “social host” rules allow you to hold anyone over the age of 21 legally liable for damages when they provide alcohol to a minor and:

• They are not the parent, legal guardian, custodian or spouse of the underage individual, and;
• They knowingly provided alcohol to the minor, or;
• Allowed the minor to consume alcohol on their property

So, for example, if a minor attends a party at a friend’s house and the friend’s parent knowingly allows the minor to consume alcohol on the property, the parent could be legally liable if the minor becomes intoxicated and causes a car crash when leaving the party.

Damages In Drunk Driving Accident Claims

Drunk driving accidents often result in catastrophic bodily injuries and fatalities. These accidents are often so severe because the drunk driver’s reaction times, decision-making abilities, and reflexes are significantly impaired, meaning they are less likely to brake in time (or at all) to avoid a collision and more likely to cause a crash at high speeds. Drunk drivers are also more likely to veer into oncoming traffic, leading to devastating or deadly head-on collisions.

At Scott Law Firm, we understand just how serious alcohol-related accidents are, as well as the considerable challenges victims and their families face. Our Conroe drunk driving injury lawyers are ready to help you fight for maximum compensation so that you can get back on your feet, heal, and move forward with your life.

Depending on the specifics of your case, we may be able to help you recover compensation for the following:

• Emergency medical treatment
• Ambulance and hospital fees
• Co-pays for doctors’ appointments
• Medical equipment and medications
• Ongoing and future medical care
• In-home care costs
• Physical rehabilitation therapy
• Counseling services
• Lost income/wages
• Pain and suffering
• Emotional trauma and distress
• Anxiety, depression, and PTSD
• Loss of love, companionship, guidance, support, etc.
• Future lost earnings and lost earning capacity
• Funeral/burial expenses

We may also be able to seek punitive damages, which are meant to punish at-fault parties for egregious negligence or blatant disregard for human life.

What Is The Statute Of Limitations For Suing A Drunk Driver In Texas?

Like any other type of legal claim, personal injury cases against drunk drivers are subject to a strict legal deadline known as statute of limitations. In Texas, drunk driving accident victims typically have two years from the date of the crash to take legal action against the responsible driver. If you attempt to file a claim after the statute of limitations has expired, the court will almost certainly dismiss your case and you will effectively be barred from recovering compensation for your injuries and losses.

Since drunk driving injury cases can sometimes take months to be investigated before a claim can even be filed, it is critical you get an attorney involved early on to ensure you are compliant with all applicable legal deadlines.

What Are My Rights If I’ve Been Injured In A DWI Accident in Texas?

Texas has a Comparative Fault Law that can have a major influence on DWI cases. Our qualified team can shed light on this idea's application to your particular situation.

Generally under Texas' modified comparative fault law, an injured party can still receive damages even if they are partially to blame for the accident, as long as their fault is less than 50%. However, your proportion of fault will be deducted from the amount of compensation you receive. For example, if you are determined to have been 20% at blame for the accident, you will receive a 20% reduction in your total compensation. This can vary in every particular situation, contact our office to see if this is something that can be applied to you. 

Get Started with a Free Consultation Today

There is nothing that can undo the pain and trauma that results from a drunk driving accident. Whether you were severely injured or your loved one died in such an accident, we at Scott Law Firm understand what you are going through, and we want to help.

Our team offers compassionate, client-focused representation and aggressive advocacy, whether in settlement negotiations or at trial. Our founding attorney, Patrick Scott, was named among the Top 40 Under 40 by The National Trial Lawyers, and we received the Avvo Clients’ Choice Award in Personal Injury for 2019, among other honors and accolades. We are proud to represent clients in Conroe, The Woodlands, and throughout Montgomery County.

There are no attorneys’ fees unless/until we recover compensation for you. We can assist you in English, Spanish, or Korean and are able to travel to meet you at your home or in the hospital if necessary. We encourage you to get in touch with our team today to learn more.