Someone else’s decision to drink and drive can change your entire future. Injuries from a drunk driving crash may leave you unable to work, facing large medical bills, and trying to rebuild your life. Families who have lost a loved one often search for accountability and answers.
A Weatherford drunk driving accident lawyer from Stephens Law can help you pursue justice and financial recovery while you focus on healing.
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At Stephens Law, we help injured people and their families hold intoxicated drivers and negligent establishments responsible for the harm they cause. Contact us now for a free consultation.
Key Takeaways: Weatherford Drunk Driving Accidents
- Texas law allows victims of drunk driving crashes to bring civil claims for damages in addition to criminal proceedings.
- Victims may seek compensation for medical bills, lost income, pain, property damage, and other related costs.
- Strong evidence, such as BAC test results, police reports, and witness accounts, can strengthen a DUI accident claim.
- Texas’s Dram Shop Act holds alcohol-serving businesses liable if they over-served an obviously intoxicated person who later caused a crash.
- Most victims must file their personal injury claims within two years of the crash date under Texas law.
What Makes Drunk Driving Accidents Different in Texas?
Drunk driving crashes differ from other car accidents because they involve both criminal and civil consequences. These cases require proof that the driver was intoxicated, but they also demand a thorough investigation into how the crash occurred and who shares fault.
Criminal vs. Civil Cases in Texas DUI Accidents
In Texas, the state prosecutes drunk drivers under criminal law, but victims have the right to bring separate civil claims.
- Criminal cases: The goal is to punish the offender through fines, jail time, or license suspension.
- Civil cases: The goal is to recover money for the victim’s losses. The victim’s lawyer gathers evidence to show that the intoxicated driver caused the crash and resulting harm.
- Independent process: A victim’s right to bring a civil lawsuit does not depend on the outcome of the criminal case. Even if the driver avoids conviction, the civil claim can move forward.
Texas’s Legal BAC Limit and Per Se Intoxication Laws
Texas law considers a driver legally intoxicated when their blood alcohol concentration (BAC) reaches 0.08% or higher. However, impairment can occur even at lower levels. Commercial drivers face a stricter limit of 0.04%, and for drivers under 21, any detectable alcohol level violates state law.
Enhanced Penalties Under Texas Law
Drunk drivers who cause serious injuries or deaths face enhanced criminal penalties. These include longer prison terms, larger fines, and felony charges. For victims, this heightened criminal liability often provides additional documentation that helps support their civil claims.
What Damages Can I Recover After a Drunk Driving Accident?
Victims of drunk driving crashes often deal with far more than vehicle damage. They experience medical challenges, lost income, and lasting pain. Texas law allows injured individuals to pursue different categories of damages depending on their situation.
Economic Damages in Texas Drunk Driving Cases
Economic damages cover measurable financial losses. These include:
- Medical expenses: Costs for emergency care, hospital stays, surgeries, physical therapy, and medications.
- Lost income: Wages or earnings lost due to missed work during recovery.
- Loss of earning ability: Reduced capacity to work in the future because of lasting injuries.
- Property damage: Repairs or replacement for your vehicle and other personal items damaged in the crash.
Non-Economic Damages Available to Victims
Non-economic damages address the personal suffering caused by the crash. These are less tangible but just as real. Examples include:
- Pain and suffering: The discomfort and hardship caused by injuries.
- Mental anguish: Emotional distress from trauma or loss.
- Loss of enjoyment of life: Reduced ability to engage in activities once enjoyed.
- Loss of companionship: The effect of the injury or death on relationships with loved ones.
Punitive Damages in Texas DUI Accident Claims
When a driver’s behavior shows reckless disregard for others, Texas courts may award punitive damages. These serve to punish the wrongdoer and deter similar conduct. Drunk driving often meets this threshold because it involves a conscious choice to drive after drinking.
How Is Liability Proven in Weatherford Drunk Driving Accident Cases?
Establishing fault requires clear evidence showing that intoxication directly caused the crash. A detailed investigation can reveal how the driver’s impairment led to unsafe decisions behind the wheel.
Evidence Used to Establish Driver Intoxication
Evidence in a drunk driving case may include:
- Blood alcohol test results showing the driver’s BAC at the time of arrest.
- Field sobriety tests indicating impairment.
- Bodycam or dashcam footage capturing erratic driving or police interaction.
- Receipts or surveillance video from a nearby bar or restaurant showing alcohol consumption.
Police Reports and Criminal Case Documentation
Police officers responding to a crash on South Main Street or near Weatherford College often conduct detailed investigations. Their reports can include accident diagrams, witness names, and preliminary fault findings. These documents may also reference criminal charges filed against the intoxicated driver, which can strengthen a civil claim.
Witness Testimony and Accident Reconstruction
Witnesses can describe what they saw before or after the crash, helping to establish intoxication or dangerous driving. Accident reconstruction experts can analyze skid marks, impact points, and vehicle data to determine how the collision occurred and how fast the vehicles were moving.
Can I Sue a Bar or Restaurant Under Texas Dram Shop Laws?
When a bar, restaurant, or other establishment serves alcohol to someone who is clearly intoxicated, and that person later causes a crash, Texas law may hold the business partially responsible. This concept is known as dram shop liability.
Texas Dram Shop Act Requirements
The Texas Dram Shop Act allows victims to hold alcohol-serving establishments accountable if:
- The business served alcohol to an obviously intoxicated person who posed a clear danger to themselves or others.
- The intoxication was a direct cause of the victim’s injuries or death.
This law applies to many types of venues, including restaurants on Fort Worth Highway and bars near Weatherford’s downtown area.
Proving Over-Service or Service to Minors
Evidence that supports a dram shop claim might include credit card receipts, witness statements, or surveillance footage showing excessive drinking. Serving alcohol to minors is also illegal, and establishments that allow it can face civil liability if those minors later cause crashes.
Social Host Liability in Texas
Texas also recognizes limited liability for social hosts who serve alcohol at private gatherings. Generally, a social host can only be held liable if they provide alcohol to a minor who then causes harm. Adults who serve other adults usually aren’t legally responsible unless they act with extreme negligence.
What Is the Statute of Limitations for Drunk Driving Accident Claims in Texas?
Most personal injury claims in Texas, including those arising from drunk driving accidents, must be filed within two years of the crash date. The clock typically starts running on the day of the accident, so speaking with a personal injury lawyer early can help protect your right to compensation.
Wrongful Death Claim Time Limits
Families who lose loved ones to drunk drivers also have two years from the date of death to file wrongful death claims. These cases may seek damages for lost income, funeral expenses, and the emotional impact of losing a family member.
Exceptions That May Extend Filing Deadlines
Some exceptions can extend the filing period. For instance, if the injured person was a minor or mentally incapacitated at the time of the crash, the court may allow extra time to file. Identifying these exceptions early helps preserve the right to pursue compensation.
Texas Laws Impacting Drunk Driving Accident Cases
Several Texas laws affect how drunk driving cases are handled and what evidence may be used in court.
Texas Penal Code Section 49.04 – Driving While Intoxicated
Under this law, anyone operating a motor vehicle in a public place while intoxicated commits a criminal offense. A first-time offense is typically a Class B misdemeanor, but penalties increase when accidents cause serious injuries or death.
Modified Comparative Negligence Rule in Texas
Texas law follows a modified comparative negligence system. This means that an injured person’s compensation may be reduced if they share some responsibility for the crash. However, victims who are 50% or less at fault can still recover damages.
For example, if another driver rear-ended a car stopped at a light on Ranger Highway while slightly exceeding the speed limit, they may still recover compensation because the drunk driver bears most of the blame.
Texas Transportation Code Provisions
This code governs many aspects of road safety, including BAC testing procedures and implied consent laws. It ensures that police have the authority to test suspected intoxicated drivers and that results can be used in court proceedings.
How Our Attorneys Can Help
At Stephens Law, our attorneys understand how devastating drunk driving crashes are for victims and families. We help clients rebuild their lives by handling every part of their legal claims with compassion and precision.
Thorough Investigation of Your Drunk Driving Accident
Our team gathers all available evidence, including police reports, BAC records, medical documentation, and witness statements. We may also work with accident reconstruction specialists to show how the intoxicated driver caused the crash.
Dealing with Insurance Companies on Your Behalf
Insurance adjusters often try to minimize payouts in drunk driving cases. We communicate directly with insurers to present strong evidence, establish liability, and hold them accountable for any delays or unfair settlement offers.
Pursuing All Available Sources of Compensation
We identify every potential avenue for recovery, from the drunk driver’s insurance to dram shop liability claims. By exploring every option, we help clients pursue the financial support they need for medical care, lost wages, and long-term needs.
Taking Your Case to Trial When Necessary
While many cases resolve through settlement, some require trial to achieve justice. Our attorneys prepare every case thoroughly from the start so we can present it effectively in court when needed.
Maximizing Your Recovery Through Expert Legal Strategy
We develop detailed legal strategies designed to reflect the full scope of our clients’ damages and losses. Our approach focuses on evidence, accountability, and results that make a difference in people’s lives.
Frequently Asked Questions About DUI Accident Claims
What happens if the drunk driver didn’t have insurance?
When an intoxicated driver lacks insurance, victims may still have options. They can file claims through their own uninsured or underinsured motorist coverage. In some cases, other parties, such as a bar that over-served the driver, may share liability.
Can I still recover compensation if I was partially at fault?
Yes. Texas’s comparative negligence rule allows recovery as long as you are no more than 50% at fault. However, your total recovery may be reduced by your percentage of fault.
How long does a drunk driving accident lawsuit take in Texas?
The timeline varies depending on the case. Simple claims may settle within months, while others involving severe injuries or multiple defendants may take longer, especially if they proceed to trial.
What if the drunk driver was never arrested or convicted?
A criminal conviction isn’t required to bring a civil claim. Your lawyer can use other forms of evidence, such as witness statements and toxicology reports, to prove that alcohol contributed to the crash.
Can family members file a claim if a loved one was killed by a drunk driver?
Yes. Under Texas law, certain family members, including spouses, children, and parents, can file wrongful death claims. These claims help families seek accountability and recover losses caused by the wrongful act.
What is the difference between the burden of proof in a criminal and a civil DUI case?
The criminal case requires the state to prove the driver’s guilt beyond a reasonable doubt. The civil case uses a lower standard called a preponderance of the evidence, which means the victim’s legal team must only show that the drunk driver more likely than not caused the crash and resulting injuries.
Can I recover compensation even if the drunk driver pleads guilty to a lesser charge?
Yes. The criminal process or a plea to a lesser charge do not stop your civil case. The evidence gathered for the criminal prosecution, such as police reports and BAC results, still helps support your civil claim for damages.
Contact Our Weatherford Drunk Driving Accident Attorneys Now
Texas law gives injured people and families limited time to act after a drunk driving accident. Evidence fades, witnesses move, and insurance companies often use delay tactics to reduce claims. Taking action quickly helps protect your rights and strengthens your case.
At Stephens Law, we stand beside victims in Weatherford and throughout Parker County. Our team helps injured people seek justice and the financial support they need to move forward. Whether your accident occurred near Santa Fe Drive, Interstate 20, or another part of Weatherford, we’re ready to help you hold the responsible parties accountable.
Reach out today for a free, no-obligation case evaluation by calling (817) 409-7000. Our legal team is ready to help you pursue justice after a drunk driving crash.
