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What Should I Do if I Am Hit by a Drunk Driver in Houston?
You might be able to seek compensation if you were hit by a drunk driver in Houston. However, you must act fast, as you only have two years to initiate a personal injury lawsuit. The time frames for filing an insurance claim are even shorter.
Read on to learn what to do after a drunk-driving accident in Houston and how our experienced car crash attorneys can help protect your interests.
What Qualifies as Drunk Driving in Texas?
Texas law makes it illegal to operate a car, truck, boat, motorcycle, or any other motor vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher
- With a BAC of 0.04% or higher if operating a commercial vehicle
- When impaired by alcohol or drugs, regardless of BAC
- With any detectable alcohol concentration if you are under 21
What To Do If You Are Hit By a Drunk Driver in Houston
Traffic accidents can be overwhelming, but it’s important to stay calm and do the following:
Call 911
Remove yourself and others from direct danger and call 911 immediately. Don’t flee the scene; stay put and wait for first responders.
Talk To the Police
When the police arrive, talk to the officers and answer all their questions carefully. The information you provide will likely make it in the police report, which can be a valuable piece of evidence later on.
Gather Evidence
Write down the name, contact details, license plate number, and insurance information of the other driver. Ask for the names and contact information of any eyewitnesses as well. If possible, take pictures or videos of the scene, the vehicles, and the extent of the damage.
Seek Medical Attention
It’s essential to seek immediate medical attention, even if you feel fine. Some internal injuries can present no symptoms at first. Seeking medical attention also leaves a paper trail of your injuries. If you don’t document your injuries, the insurance company can argue that you have exaggerated or falsified them.
Contact a Drunk Driving Lawyer
Texas’s drunk driving law is complex. You shouldn’t navigate the system alone. Our car accident attorneys at Haines Law, P.C., can review your case, advise whether you can seek compensation, and help you file an insurance claim or a lawsuit.
File an Insurance Claim
If you are eligible to seek compensation, your first option would be to file a claim against the other driver’s insurance. If they have no insurance, you can tap into your uninsured motorist coverage.
File a Lawsuit
You may be able to file a drunk driving accident lawsuit against one or several of the following parties:
The drunk driver: If the other driver doesn’t have insurance, and your uninsured motorist coverage isn’t enough to cover your losses, you can sue the driver directly.
The drunk driver’s insurance company: You can sue the insurance company if the adjusters refuse to settle or make an inadequate settlement offer.
The establishment that served the alcohol: Under Texas’ dram shop laws, you can sue an establishment that served alcohol to a minor who caused an accident involving drunk driving or to a visibly intoxicated person who presented a danger to themselves and others.
What Compensation Is Available in Drunk Driving Accidents?
- You may be able to claim compensation for:
- Medical expenses
- Property damage
- Lost earnings
- Pain and suffering
- Mental anguish
- Loss of intimacy with your spouse and family
- Loss of quality and enjoyment of life
- Wrongful death
Contact an Experienced Houston Drunk Driving Lawyer
At Haines Law, P.C., we protect the rights of drunk driving accident victims. We can review your case, advise whether you can seek compensation, and recommend next steps. Call (832) 770-6603 or contact us online for a free consultation.