After an intoxicated driver causes an accident on a Houston roadway, the State of Texas will handle the criminal charges. However, the criminal justice system is designed to punish the offender, not to compensate the victim. It won't pay for your medical bills, your lost income, or the physical and emotional trauma you've been forced to endure.
That’s where a civil claim comes into the picture. This allows you to seek financial recovery for the devastation caused by someone else's negligence.
As Houston drunk driving accident attorneys, the Calderon Law Firm acts as the bridge between criminal justice and your personal compensation. We understand how to use the evidence to build a powerful civil claim on your behalf.
If you or a family member was hit by a drunk driver, call us at 346-999-5673 for immediate help.
Why Choose Calderon Law Firm to Fight for You?
A Trial-Focused Approach
Jose M. Calderon founded this firm after spending years at established Texas personal injury practices. He saw a need for a more client-focused model, where a personal injury lawyer who signs your case is the one who personally guides you through every step of the process.
He left to build a practice where every case is prepared from day one as if it will be presented to a jury. This trial-ready posture forces insurance companies to negotiate fairly, because they know we are ready and willing to hold their client accountable in court.
Recognized Leadership
Our commitment to strong advocacy has earned founder Jose Calderon significant recognition from his peers. He has been selected to the Texas Super Lawyers Rising Stars list every year since 2020, an honor reserved for fewer than 2.5% of attorneys in the state.
He was also named to The National Trial Lawyers: Top 40 Under 40 in just his second year of practice. These accolades are indicators of a commitment to achieving outstanding results for our clients.
Local Roots and Bilingual Representation
We are a Houston-area firm through and through, with our office based in Bellaire at 6750 W Loop S #920, right off the 610 Loop.
As the first-generation son of Mexican immigrants, Jose Calderon is fluent in Spanish and deeply understands the community we serve. We believe that language should never be a barrier to justice. Our bilingual practice ensures that you communicate your story and understand every step of your case in the language you are most comfortable with.
Our No Win, No Fee Guarantee
When you are recovering from a serious injury, the last thing you should worry about is how to afford a lawyer. We handle all drunk driving accident cases on a contingency fee basis. This means you pay absolutely nothing upfront.
We advance all the costs of litigation, from hiring investigators and expert witnesses to paying court filing fees. We only earn a fee if and when we secure a financial recovery for you.
Understanding Compensation in Drunk Driving Cases
The goal of a personal injury claim is to make you whole again in the eyes of the law, at least financially. It aims to restore what was taken from you.
However, in cases involving an intoxicated driver, the law recognizes that simple repayment may not be enough. The system also allows for a measure of punishment to deter such reckless behavior in the future.
Economic Damages
This is the foundation of your claim and covers all the tangible, out-of-pocket losses you have suffered. We meticulously document every expense, including:
- Past and Future Medical Bills: This includes everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, rehabilitation, physical therapy, and prescription medications.
- Lost Wages and Earning Capacity: We calculate the income you have already lost from being unable to work, as well as the future income you may lose if your injuries result in a long-term or permanent disability.
- Property Damage: This covers the cost to repair or replace your vehicle and any other personal property damaged in the crash.
Non-Economic Damages
These damages compensate you for the intangible, human costs of the crash. Though they don't come with a receipt, their impact is often far greater. They include:
- Pain and Suffering: For the physical pain caused by your injuries.
- Mental Anguish: For the emotional trauma, anxiety, depression, and PTSD that frequently follows a violent collision.
- Physical Impairment or Disfigurement: For the loss of function or permanent scarring that alters your life and appearance.
Gross Negligence and Punitive Damages
Under Chapter 41 of the Texas Civil Practice and Remedies Code, a victim may be awarded exemplary damages, also called punitive damages, when the defendant's actions amount to gross negligence. Choosing to drive while intoxicated is a classic example of gross negligence.
These damages are intended to punish the drunk driver for their conscious disregard for the safety of others and to send a message that such conduct will not be tolerated in our community.
Where Do Drunk Driving Accidents Occur in Houston?
While a drunk driver might appear anywhere, our own experience shows that certain areas present a heightened risk. We see a significant number of these crashes along major transportation corridors where high speeds meet high traffic volume, including:
- Interstate 45: Frequently cited as one of the deadliest highways in America, the stretch running through Houston is a known hotspot.
- The 610 Loop: The entire loop is dangerous, but areas around high-density commercial and entertainment zones like The Galleria and our home base of Bellaire see a concentration of incidents.
- Washington Avenue & Midtown: These neighborhoods, packed with bars, restaurants, and nightlife, see a corresponding spike in impaired driving on the surrounding surface streets.
- FM 1960: This major artery in North Houston is notorious for severe and often fatal collisions, many of which involve alcohol.
Texas Laws and Liability in Drunk Driving Cases
In a standard car accident case, your attorney must prove the other driver was negligent. In a drunk driving case, the legal doctrine of negligence per se simplifies establishing liability in a drunk driving case.
This means that if a person violates a safety law (such as Texas laws against driving while intoxicated) and causes the type of harm the law was meant to prevent, they are automatically considered negligent. In these situations, a car accident lawyer can use the driver’s criminal violation as clear proof of civil liability.
Texas Dram Shop Laws (Third-Party Liability)
Sometimes, the drunk driver is not the only responsible party. The Texas Alcoholic Beverage Code contains what are known as Dram Shop laws. This statute allows victims to hold an establishment, such as a bar, club, or restaurant, liable if it continued to serve alcohol to a patron who was already "obviously intoxicated to the extent that he presented a clear danger to himself and others." If that intoxicated patron then causes a crash, the establishment that over-served them may be sued for damages.
Common Injuries We Handle
Drunk driving collisions are rarely fender benders. They typically involve wrong-way drivers, excessive speed, and delayed reaction times, leading to devastating injuries, including:
- Traumatic Brain Injuries (TBI): Ranging from concussions to severe injuries causing permanent cognitive or motor deficits.
- Spinal Cord Injuries: Damage to the spinal cord that results in partial or complete paralysis.
- Internal Organ Damage: High-impact forces cause life-threatening damage to internal organs.
- Complex Fractures: Broken bones that require multiple surgeries, pins, rods, and extensive rehabilitation.
In Texas, you generally have two years from the date of the accident to file a lawsuit, a deadline known as the statute of limitations. Waiting too long extinguishes your right to recover anything at all. Acting quickly is also key to preserving evidence, like security footage from a bar in a potential Dram Shop case, before it is erased.
Dealing with Insurance Companies After a DUI Crash
Things to Watch Out For
To protect their bottom line, adjusters may employ several strategies designed to devalue your claim. You should be aware of them:
- The Quick Check Offer: An adjuster might call you within days of the crash, offering what seems like a reasonable amount of money to help with your bills. This offer is almost always a lowball amount made before the true nature of your injuries including any pre-existing injuries that may have been aggravated is fully understood. Cashing that check usually requires you to sign away your right to any future compensation.
- Requesting a Recorded Statement: They will ask to record a conversation with you, hoping you will say something to downplay your pain ("I'm doing okay") or unintentionally accept partial blame. You are not required to provide them with a statement.
- Blaming the Victim: It may seem absurd, but even with a drunk driver, the insurance company will look for any way to shift fault. They may pull your cell phone records to argue you were distracted or claim you were speeding to reduce the percentage of fault assigned to their driver.
Important Steps to Take During Your Recovery
After you have received emergency medical care and are back home, the actions you take have a significant impact on your physical and financial recovery.
Follow Your Doctor's Orders
This is paramount. If a doctor recommends physical therapy twice a week, go twice a week. If you miss appointments or stop treatment, the insurance company will argue that you must not be as injured as you claim. These gaps in treatment are one of the most common reasons claims are denied or devalued.
Keep a Pain Journal
Each day, take a few minutes to write down your pain levels and how your injuries are affecting your life. Note things like, "Had to ask my spouse to help me get dressed today," or "Sharp pain in my back kept me from sleeping through the night." This journal becomes powerful evidence for demonstrating the real-world impact of your non-economic damages.
Implement a Social Media Blackout
Assume that the defense attorneys and insurance adjusters are monitoring your public profiles. Do not post about the accident. More importantly, resist the urge to post pictures of yourself out with friends or engaging in activities, even if you are having a rare "good day." A single photo may be taken out of context and used to argue that you are not really suffering.
Preserve All Evidence
Keep a file with every document related to the accident. This includes the police report (Crash ID), photos of your injuries as they heal, receipts for medical expenses, and the Exchange of Information form you received at the scene. This documentation is the bedrock of your claim.
FAQ: Houston Drunk Driving Accident Claims
Can I sue the driver even if they were acquitted in criminal court?
Absolutely. A criminal case requires proof beyond a reasonable doubt, which is a very high standard. A civil case only requires a preponderance of the evidence, meaning it is more likely than not that the driver was at fault. We have successfully pursued civil claims even when the criminal case did not result in a conviction.
What if the drunk driver was uninsured?
This is a frustrating but common situation. We would first look to your own auto insurance policy for Uninsured/Underinsured Motorist (UM/UIM) coverage. This is insurance you pay for to protect yourself in exactly this scenario. We would also immediately investigate whether a bar or restaurant could be held liable under Texas Dram Shop laws.
What if I was a passenger in the drunk driver's car?
As a passenger, you have the same rights to seek compensation from the driver's insurance policy as anyone else injured in the crash. Do not let a personal relationship with the driver prevent you from getting the medical care and financial recovery you need.
Who pays if the drunk driver was in a company vehicle?
If the driver was on the job or acting in the course and scope of their employment, their employer may be held vicariously liable for their actions. This is beneficial for your case, as commercial insurance policies typically have much higher limits than personal auto policies.
How does Texas law handle fault in a drunk driving accident?
Texas follows a modified comparative negligence rule in personal injury case. This means you can recover compensation only if the court or jury finds the drunk driver was more than 50% responsible for the crash. If a court finds you 51% or more at fault, you recover nothing. If they find you 50% or less at fault, your total compensation award decreases by your percentage of fault.
Our seasoned attorneys work diligently to ensure all fault falls on the negligent driver.
What is the legal blood alcohol concentration (BAC) limit for drivers in Texas?
A person commits the criminal offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while intoxicated, which is defined as not having the normal use of mental or physical faculties due to alcohol, or having an alcohol concentration of 0.08% or more.
Our civil claim benefits from the criminal finding, as a blood test result of 0.08% or higher establishes negligence per se in your civil case. We use this powerful evidence to hold the intoxicated driver liable.
Don’t Let a Drunk Driver Ruin Your Financial Future
The person who hit you made a choice that upended your life. Now, it is time for you to make a choice to protect yourself and your family.
The Calderon Law Firm is prepared to thoroughly investigate your crash, hold all negligent parties accountable, and pursue the maximum compensation available under Texas law.
Contact our team today for a free, completely confidential consultation with our Houston drunk driving accident attorneys. Our number is 346-999-5673.