Houston Drunk Driving Accident Attorneys

Is it worth getting an attorney for a car accident?

When it comes to drunk driving accidents, hiring an experienced attorney isn't just worth it — it's absolutely essential. Drinking and driving accidents present unique challenges that make self-representation nearly impossible: they typically involve both criminal and civil proceedings, complex insurance issues, and the potential for substantial damages that insurance companies will fight tooth and nail to avoid paying.

Here's what a Houston drunk driving accident attorney can provide that you simply cannot achieve on your own:

• Investigation and evidence collection: Your attorney will work quickly to obtain police reports, breathalyzer results, field sobriety test footage, surveillance video from nearby businesses, and witness statements. They'll also coordinate with criminal prosecutors to ensure all evidence from the criminal case supports your civil claim.

• Maximum damage recovery: Insurance adjusters know that unrepresented victims typically accept far less than their cases are worth. With an experienced attorney, you'll have someone who understands the full scope of damages available in drunk driving cases, including economic losses, pain and suffering, and potentially punitive damages that can significantly increase your settlement.

• Protection from insurance company tactics: Insurance companies often use aggressive tactics to minimize payouts, especially in drunk driving cases where their liability is clear. They may try to pressure you into quick settlements before you understand the full extent of your injuries, or attempt to shift blame despite their insured being intoxicated. Your attorney serves as a shield against these tactics.

• Access to medical care and expert networks: At Calderon Law Firm, we connect our clients with trusted medical providers who understand the documentation needed for personal injury claims. We also work with accident reconstruction experts, economists, and other specialists who can strengthen your case and help calculate the true value of your damages.

• Trial experience when negotiations fail: While many cases settle out of court, drunk driving cases sometimes require aggressive litigation to achieve fair compensation. You need an attorney who isn't afraid to take your case to trial and has the courtroom experience to present your case effectively to a jury.

The bottom line is simple: drunk driving accident victims who hire experienced attorneys consistently receive higher settlements than those who attempt to handle their cases alone. More importantly, working with a skilled attorney allows you to focus on your recovery while someone else handles the legal battle ahead.

How common are drunk driving accidents in Houston?

According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accidents kill 32 people every day in the U.S. — and Harris County has more drunk driving accidents than most. 30.9% of driving deaths in Harris County involve alcohol, a number that has gone down significantly over the last decade, but is still higher than Texas and National averages.

Can you sue a drunk driver's insurance?

Yes, you can absolutely sue a drunk driver's insurance company, but the process is more complex than filing a standard car accident claim. Much like filing an Uber accident claim, insurance coverage can get pretty complicated in drunk driving cases. There are a few important points to understand:

• Primary insurance coverage: Even when their policyholder was driving drunk, the at-fault driver's insurance company is still legally obligated to cover damages up to their policy limits. Insurance companies often try to deny or minimize claims in drunk driving cases by arguing that their insured's criminal behavior voids coverage — but this is rarely true under Texas law.

• Policy exclusions and bad faith claims: Some insurance policies contain exclusions for criminal acts, but courts generally interpret these narrowly in drunk driving cases. If an insurance company wrongfully denies your claim based on these exclusions, you may have grounds for a bad faith lawsuit.*

• Excess judgment and asset recovery: If your damages exceed the drunk driver's insurance limits, you can pursue the driver's personal assets through an excess judgment. This is particularly important in drunk driving cases, as damages are often substantial due to the severity of injuries involved.

The key to successfully pursuing an insurance claim in a drunk driving case is having an attorney who has experience dealing with complex insurance situations, and can identify all available sources of compensation.

*Continue reading: Can you sue the insurance company?

What to do after being hit by a drunk driver

The actions you take immediately after being struck by a drunk driver can significantly impact both your physical recovery and your ability to secure fair compensation. While the following guide is by no means exhaustive, it can help you protect yourself and your rights after being hit by a drunk driver:

 These steps can help you make sure that you’re protecting your rights, prioritizing your health, and setting up your attorney for success from the very beginning. Remember that drunk driving cases often involve more extensive damages than typical car accidents, so taking these steps seriously from the beginning can make a big difference in your ultimate recovery.

How to get maximum compensation from a car accident

As we’ve said, drunk driving accidents often involve higher damages than typical car accidents due to the severity of injuries and the egregious nature of drunk driving. If you want to make sure you’re doing everything you can to prioritize your settlement, the following are a necessity:

• Future medical needs assessment: Working with medical experts to document ongoing care requirements prevents settlements that leave you financially responsible for future treatment costs.

• Lost earning capacity analysis: If your injuries prevent you from returning to your previous job, vocational experts and economists calculate the present value of your future lost earnings over your expected working lifetime.

• Pain and suffering documentation: Keeping a detailed journal of your pain levels, emotional state, and daily activity limitations provides essential evidence for non-economic damages.

• Criminal case evidence leveraging: Coordinating with prosecutors to obtain breathalyzer results, field sobriety tests, and defendant admissions strengthens your civil claim.

• Multiple insurance source identification: Your attorney should investigate all potential coverage sources, including the drunk driver's auto insurance, your uninsured/underinsured motorist coverage, and applicable commercial policies, as well as the defendant’s personal assets. 

Follow the steps, prioritize your health, and gather what evidence you can — the rest is up to your attorney. The real key to receiving maximum compensation after being hit by a drunk driver is hiring an attorney who has a good network, and experience getting car crash victims what they deserve.

Can you get punitive damages if a drunk driver hits you?

Yes, Texas law allows for punitive damages in drunk driving accident cases, and these damages can significantly increase your total compensation. Punitive damages serve a different purpose than compensatory damages — instead of compensating you for your losses, they're designed to punish the drunk driver for their reckless behavior and deter others from making similar choices.

Some of the legal requirements that apply to punitive damages include:

• Malice standard: The defendant must have acted with conscious indifference to the rights and safety of others.

• Gross negligence standard: The defendant's conduct must demonstrate extreme carelessness that creates substantial risk of serious harm.

• Clear and convincing evidence: Your attorney must present overwhelming proof that the driver's impairment met these legal standards.

Drunk driving often meets the requirements for these standards because it demonstrates a conscious disregard for public safety, and violates implied consent laws in Texas. If your attorney can acquire breathalyzer results, field sobriety test results, or witness testimonies — or if the defendant has a history of DWI offenses — you’ll have a much better chance at success.

How car accidents are different when they feature drunk drivers

Drunk driving accidents differ from normal car accidents in a number of ways. They present a number of unique legal, practical, and strategic challenges that make them more difficult to handle. 

• Parallel criminal and civil proceedings. Unlike standard car accidents, drunk driving cases involve simultaneous criminal and civil proceedings.

• Higher damage potential. Courts and juries typically award higher damages because the defendant's behavior is seen as particularly egregious and deserving of punishment — damages which the insurance company uses more resources to fight.

• Victim impact and recovery. Drunk driving accidents often cause catastrophic injuries. Additionally, the psychological impact of being victimized by a drunk driver often exceeds that of typical accidents. 

• Complex insurance dynamics. Insurance companies may attempt to deny coverage by claiming their policyholder's criminal behavior voids their policy. You can expect that the full weight of their legal team will be behind the defendant to reduce your potential settlement and protect their bottom line. 

These are just a few aspects of drunk driving cases that underscore why specialized legal representation is essential. Whether you were injured in a standard collision, hit by a truck and need a Houston truck accident lawyer, or require an Uber accident lawyer for a rideshare incident, if you were hit by a drunk driver, you need a Houston drunk driving accident attorney to take your case.

How hard is it to win a car accident lawsuit?

Although proving liability in drunk driving accidents may be more straightforward than it is in typical car accident cases, it can still be extremely difficult to secure a drunk driving accident settlement that you deserve. 

Some complicating factors that can make it more difficult to get what you deserve in drunk driving cases include:

1. It can be challenging to prove the full extent of your injuries and their long-term impact.

2. It often requires expert testimony to calculate and present lost earning capacity.

3. Pain and suffering damages require extensive documentation.

4. Ongoing criminal proceedings can take precedence over civil matters after drunk driving accidents.

5. Multiple insurance policies may govern your settlement, and identifying all liable parties can be a lot of work.

The bottom line is this: Your chances of winning a car accident lawsuit (especially one involving catastrophic injuries or wrongful death*) go up astronomically when you hire the right car accident lawyer to take your claim. No matter the details of your case, the criminal element of drunk driving presents both opportunities and pitfalls that require a skilled attorney to navigate.

*Continue reading about your chances of winning a wrongful death suit

Looking for drunk driving accident attorneys in Houston? Find the advocate you need at Calderon Law Firm.

The Houston drunk driving accident attorneys at Calderon Law Firm understand that drunk driving accidents are some of the most traumatic accidents that can happen to your family. They are preventable tragedies that can irreparably damage your future and leave scars that will never heal.

Our approach combines aggressive representation with genuine compassion for what you're going through. We've seen how these cases can devastate families, and we're committed to holding drunk drivers accountable while securing the resources you need to rebuild your life.

Call Jose and the Houston car accident lawyers at Calderon Law Firm today at (346) 999-5673 or contact us online for a free consultation. We'll fight for every dollar you deserve while you focus on healing.