Our drunk driver accident lawyers in Rockwall help injured people and families understand how the civil claim proceeds separately from any DWI charge against the driver.
Founded in 2018, The Texas Law Dog represents injured Texans with the added perspective of our founder’s prior career in the insurance industry. Matthew E. Aulsbrook owned insurance agencies before becoming an attorney, which gives our firm insight into how carriers evaluate liability and damages after serious crashes.
If you were injured by an impaired driver, contact us for a free consultation with a Rockwall car accident lawyer.
How Drunk Driving Accident Claims Work
A criminal DWI case and your personal injury claim serve different purposes. The criminal case addresses whether the driver violated Texas law, while your civil claim seeks compensation for losses resulting from the collision.
Our Rockwall personal injury lawyers can use evidence developed during the investigation, but we do not depend on the criminal case to establish every part of your injury claim.
Even when impairment is well documented, the insurer can still dispute the extent of your injuries, the amount of your losses, or whether another person shares fault.
Useful Evidence in a Drunk Driving Accident Case
Impaired-driving collisions can produce evidence that is not available in many other car accident claims. Police officers may document signs of intoxication, administer field sobriety testing, or obtain breath or blood evidence.
Other useful evidence may include:
- Police crash reports.
- Officer body camera or dash camera footage.
- Breath or blood test results.
- Witness statements.
- Arrest and charging records.
- Photos and video from the scene.
- Receipts or records showing alcohol purchases when relevant.
- Surveillance footage from nearby businesses.
- Vehicle data.
- Medical records documenting your injuries.
A Rockwall drunk driver accident attorney can review this evidence together with the physical facts of the crash to establish how the collision occurred.
Rockwall Drunk Driver Car Accident Lawyer Near Me (817) 775-5364
Who Can Be Held Liable After a Drunk Driving Crash?
The impaired driver is often the primary defendant, but the investigation should not stop there when the facts point to another source of responsibility.
The Impaired Driver
A driver who causes a collision while intoxicated may be liable for the injuries and financial losses resulting from the crash. Evidence of impairment can also become relevant when evaluating whether exemplary damages may be pursued.
A Bar, Restaurant, or Other Alcohol Provider
Texas dram shop law allows claims against an alcohol provider in limited circumstances. Liability can arise when it was apparent to the provider that the person being served was obviously intoxicated to the extent that the person presented a clear danger to themselves and others, and that intoxication was a proximate cause of the damages.
Showing that a driver consumed alcohol at a business is not enough on its own. Evidence about the driver’s condition when alcohol was served can become central to the claim.
An Employer
An employer may sometimes face liability when an impaired driver was acting within the course and scope of employment at the time of the collision. The employment relationship and circumstances of the trip must be reviewed before drawing that conclusion.
Compensation After a Drunk Driving Accident
Texas law allows an injured person to seek compensatory damages for losses caused by another party’s negligence.
Depending on the circumstances, those damages may include:
- Past medical expenses.
- Reasonable future medical expenses.
- Lost wages.
- Loss of earning capacity.
- Physical pain.
- Mental anguish.
- Physical impairment.
- Disfigurement.
- Property damage when applicable.
Our drunk driver accident attorneys in Rockwall evaluate the claim based on the actual effects of the collision rather than the amount an insurer initially offers.
Can You Recover Exemplary Damages After a Drunk Driving Crash?
Exemplary damages are distinct from compensation for medical bills, lost income, or pain and suffering. They are intended to punish certain conduct rather than compensate the injured person for a specific loss.
Under Texas law, exemplary damages generally require clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. They are not automatically awarded simply because alcohol was involved.
Whether an impaired-driving case supports a claim for exemplary damages depends on the evidence surrounding the driver’s conduct.
What If the Drunk Driver Does Not Have Enough Insurance?
Severe injuries can exceed the at-fault driver’s liability limits. When that happens, we look at whether another source of coverage may be available.
Your own uninsured or underinsured motorist coverage may become relevant if you purchased it and the policy applies. A dram shop claim or another legally supported claim against an additional defendant may also affect the available recovery.
Insurance coverage should be reviewed before assuming the at-fault driver’s policy is the only source of compensation.
Wrongful Death After a Fatal Drunk Driving Accident
When an impaired-driving collision causes a death, certain surviving family members may have a wrongful death claim under Texas law.
Compensation can address losses recognized by the statute, including lost earning capacity, lost care and support, mental anguish, and loss of companionship. Funeral and burial expenses may also be recoverable in appropriate cases.
A survival claim may arise separately through the estate for losses the person experienced between the injury and death.
Why Choose The Texas Law Dog After a Drunk Driving Accident?
Matthew E. Aulsbrook spent part of his career working in the insurance industry and owned insurance agencies before becoming a lawyer. He now uses that knowledge on behalf of injured people when carriers challenge liability or undervalue serious losses.
The firm also brings deep familiarity with transportation issues. Matthew grew up around the trucking industry through his father, giving him practical exposure to professional drivers and roadway safety long before he entered legal practice.
A Texas Firm Focused on Injured Clients
The Texas Law Dog has built strong ties to the Texas communities we serve, along with professional relationships and local resources developed through years of practice.
We handle personal injury claims on a contingency-fee basis, so you pay zero attorney fees unless we recover compensation for you. We can travel for consultations when appropriate and may refer clients to external financial assistance resources as needed.
Speak With a Rockwall Drunk Driver Accident Attorney
You may already know that the other driver was arrested or suspected of DWI. What you may not know is how that evidence affects your civil claim, what insurance is available, or whether another party may also be liable.
Contact The Texas Law Dog for a free consultation with a Rockwall drunk driver accident attorney. We can explain how the claim stands and what Texas law may allow you to pursue.
