Key Takeaways: What Every Drunk Driving Accident Victim Should Know
- Multiple parties may be liable in a drunk driving accident claim, including the intoxicated driver, a bar or restaurant that overserved them, or an employer if the driver was on the clock.
- You have two years to file a drunk driving accident claim in the State of Texas. If you miss this deadline, you may lose your chance to recover.
- Drunk drivers often carry minimal insurance, so your claim may need to draw on uninsured/underinsured motorist coverage, dram shop liability, or other sources of recovery.
- Hiring Simmons & Fletcher gives you an experienced team of personal injury attorneys who have fought for victims of drunk drivers since 1979, with a track record of compassion, dependability, and strong case results.
Do I Need to Talk to a Drunk Driving Accident Lawyer?
Yes. Drunk drivers rarely carry enough insurance to cover the damages they cause. A drunk driving accident lawyer can help you find all the parties who are legally responsible after a drunk driving accident.
Over 25% of all accident fatalities are the result of drunk driving accidents, and those make up only a small portion of all DUI wrecks. While the negligence of the drunk driver is often very open and shut, finding real justice after a drunk driving accident is often way more complex. The simple reality is that the same people who are irresponsible enough to drink and drive are often the same ones who are irresponsible about buying sufficient insurance coverage to protect their victims when they cause a serious or fatal drunk driving accident. Drunk drivers rarely carry enough insurance to cover the damages they cause. A drunk driving accident lawyer can help you find all the parties who are legally responsible after a drunk driving accident and identify any other sources of recovery. These sources of recovery may include:
- A bar, restaurant, or other dram shop establishment that knowingly overserved the driver and allowed him to get behind the wheel.
- An uninsured/underinsured motorist insurance policy that applies specifically to you or the vehicle you are driving.
- A business that sold alcohol to an underage driver.
- An employer if the drunk driver was drinking at a work function.
- An excess insurance policy or alternate liability policy that applies to the drunk driver.
- State laws imposing child support obligations upon drunk drivers who kill a parent.
- State laws requiring restitution for certain crimes, including driving while intoxicated.
Talking to a drunk driving accident lawyer can help you find all of the resources you need to seek justice for your claim.
Why Hire Simmons and Fletcher as Your DUI Accident Lawyer?
Our Houston DUI accident lawyers take drinking and driving very seriously. But here are some reasons you will want Simmons and Fletcher, P.C. on your side after a drunk driving accident:
- When we take your case, we work on a contingency fee basis. This means there are no upfront costs to you, no charge for the consultation, we front the litigation expenses, and we only get paid our attorney’s fees and reimbursed for our expenses if we recover for you.
- Our law firm has been fighting for the victims of drunk drivers since 1979. We do not defend drunk drivers nor the bars that overserve them, ever.
- We have three attorneys with over 75 years of combined experience in personal injury law.
What Our Clients Say
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
Miriam F.
I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
Rebecca D.
This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
Oscar M.
I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
Theresia R.
This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
Rebecca S.
I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
Sandra W.
I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
Christashaia J.
I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
What Damages Can a Houston Drunk Driving Accident Attorney Recover?
A Houston drunk driving accident attorney may seek a wide range of civil damages on your behalf, including:
- Medical expenses for current or future care, such as physical therapy;
- Lost wages from missing work;
- Loss of earning capacity for future employment;
- Emotional pain and suffering;
- Decline in quality of life;
- In-home caregivers, medical treatment, or modifications for disability;
- Scarring and disfigurement;
- Punitive damages.
In addition to these areas for potential compensation, a Texas law introduced in 2023 dictates that those convicted of intoxicated manslaughter can be held responsible for paying child support to any children of deceased parties. Even if there is a surviving parent or guardian, the drunk driver involved in the fatal accident may still be required to pay child support. While these drunk driving cases are tragic and offer little emotional resolution, new laws are a crucial step in handing down the appropriate justice and accountability to intoxicated drivers.
To learn exactly what damages you can seek compensation for, get in touch with an experienced Houston drunk driving accident lawyer for a free case review.
How Much Does It Cost To Sue A Drunk Driver?
Consultations are free at Simmons and Fletcher, P.C. If we take the case, we work on a contingency fee basis. That means you don’t pay us anything unless we win your case. Call us today for your free consultation at (713) 932-0777.
Steps to Take After Being Injured by a Drunk Driver in Houston
After experiencing an auto accident, it is understandable to be in shock and not promptly take the steps to protect yourself and your legal rights. However, if able, the following steps can be helpful to preserve evidence and strengthen your case:
- Seek Medical Care. If you have been injured and require medical attention, that should be your first priority. If EMTs are at the scene, follow their advice. Depending on the extent of your injuries, accept an ambulance ride or find your way to a hospital as soon as possible.
- Assess the Driver. Take note of and, if possible, document the driver’s state of impairment. Is there visible evidence or signals of intoxication, like stumbling or slurred speech? Do you smell alcohol on the driver or in their car? This information can be useful to include in the police report.
- Contact Law Enforcement. Call the police immediately so they can perform the Houston Police Department’s Standardized Field Sobriety Testing. The Houston police officers may also collect evidence and initiate the procedure for a criminal case if necessary, all of which can help you in a potential lawsuit.
- Talk to Witnesses. If another vehicle or motorist was affected by the crash, or if someone witnessed the collision and remained at the scene, collect their contact information and statements.
After you have spoken with the police and addressed any injuries, call a DUI accident attorney in Houston for a free consultation and the next steps you should take.
Good to Know. Drunk driving accident victims have several avenues of compensation and emotional support to pursue after a drunk driving accident:
- Restitution. As part of the criminal prosecution, the district attorney may ask the court to award restitution. Restitution is generally awarded as money to help cover medical expenses. It can be helpful to speak with the district attorney and provide copies of any medical bills you incur.
- Crime Victims’ Compensation. Victims of certain violent crimes, including DWI, are eligible to apply for and receive compensation for certain costs and losses under the Texas Crime Victims’ Compensation Fund. To be covered, the crime must have been committed in Texas, you must not have been a party to the crime, and the victim must be a United States resident. You have 3 years from the date of the crime to apply.
- Civil Personal Injury Claims. Victims have the right to hire a civil personal injury lawyer to bring a lawsuit against the drunk driver and, in some cases, against the other parties, like bars and nightclubs, that were responsible for over-serving the drunk driver. Unlike the above avenues, there is a wide variety of damages that you may seek when you file a civil personal injury lawsuit against a drunk driver. This includes pain and suffering, scarring, future medical care, physical impairment, lost wage-earning capacity, and punitive damages.
- Child Support. The surviving minors of a person killed by a drunk driver are entitled to be awarded child support payments from the drunk driver if he is ultimately convicted of intoxication manslaughter. (Law applies to intoxication manslaughter convictions after September 1, 2023.)
- Mothers Against Drunk Driving-Victim Services. You may not realize this, but MADD is far more than just a legal advocacy group. They also provide:
- Support groups and connections with other survivors
- A MADD representative to accompany survivors to court and help them navigate the process
- Assistance preparing a victim’s impact statement for court proceedings
- Access to other resources and assistance.
Bringing a Civil Lawsuit After a Drunk Driving Accident
If you have been injured in a drunk driving accident, don’t delay in reporting the incident and filing an accident claim with a Houston personal injury lawyer. In Texas, the statute of limitations for these crashes is two years, meaning you have that period from the date of the incident to file a lawsuit. After the immediate shock of a crash has subsided, it is critical to contact a Houston car accident attorney with years of experience in personal injury cases. Your attorney can help you understand your rights and who is liable for all types of damages, including physical and emotional losses.
In drunk driving car crashes, the inebriated motorist is liable for all resulting injuries sustained by the other party. However, the victims of drunk driving accident cases still need to take the necessary legal action to receive financial compensation. You have a right to file a personal injury claim and may also file an insurance claim with the drunk driver’s insurance company. However, as a disclaimer, do not make a statement to their insurance company until you have consulted with personal injury lawyers you can trust.
A drunk driving accident lawyer in Houston can also tell you if you may be able to hold any third parties liable in your case through direct or vicarious liability, such as:
- The business that served alcohol to the inebriated driver, like a bar or restaurant.
- Any individual who unlawfully served the driver drugs or alcohol if the driver was a minor;
- The drunk driver’s employer, if the accident occurred within the scope of their work.
We understand that sifting through legal jargon and dealing with insurance companies can add stress to an already difficult and traumatic experience. That is why every Houston drunk driving accident lawyer at Simmons & Fletcher, P.C. is committed to serving our clients with promptness, compassion, and skill. If we take your case after your free consultation, we can help you understand your rights, who is liable for your accident, and what damages we can try to recover on your behalf.
Drunk Driving Accident Statistics
In 2024, 1053 people were killed in accidents involving a driver who was impaired by alcohol or drugs. That makes up 25.37% of all people killed in automobile crashes in the State of Texas in 2024, according to the Texas Department of Transportation. Arrests for DWI have exceeded 22,000 in a single quarter of 2025 in Texas. Thus, despite people having alternative transportation like rideshares, the problem of drinking and driving has not gone away.
Related Resources
- Whiplash Injury Lawyer. Getting rear-ended by a DUI driver who misjudges when to stop commonly results in a whiplash injury.
- Dram Shop Accident Lawyer. Learn about the liability of the bar or restaurant where the drunk driver was overserved.
- How to Report A Drunk Driver: Someone Dies in Texas Traffic Every Day. Need to report a suspected drunk driver? Learn how here.
- Texas Drunk Driving Child Support Law Makes Drivers Pay Deceased Victim’s Kids. Learn about the Texas law to make drunk drivers who kill pay for the family member loss.
- Meet Houston Missions: Mothers Against Drunk Driving (MADD). Learn about the organization fighting the drunk driving epidemic.
Call Simmons & Fletcher Now
At Simmons and Fletcher, our Houston drunk driving accident lawyers understand that this is an extremely difficult time for you and other affected parties. Drunk driving accidents often result in financial strain, whether from hospital bills or automobile repairs. The last thing we want is to add to your economic stress during this time. If we take your case, you will not be charged unless we recover money on your behalf.
Related reading: How to Report a Drunk Driver in Texas
FAQ's
What Can I Do if The Drunk Driver Does Not Have Insurance?
If the drunk driver is uninsured, you will need to look to your own uninsured motorist insurance to pay for your injuries. If you do not have this type of coverage, you can also file a claim with the Crime Victims’ Compensation Fund for your state. Unfortunately in many cases, the actual damages and injuries that a victim of a drunk driver sustains are compounded by the fact that the irresponsibility and negligence of a person who drives while intoxicated tends to extend to other areas of that individual’s life. Often, a person who will get behind the wheel of a car, endangering the lives of people like you and your children, will not have enough (or any) automobile insurance. You need a drunk driving accident attorney in Houston, TX, to look into other options when this happens.
How Many Drunk Driving Accidents Happen In Texas Every Year?
There are over 15,000 Drunk driving accidents in the State of Texas every year. In 2021, 13,384 people lost their lives in auto collisions involving drunk drivers. 1,906 of those people were in Texas. Harris County, home to the city of Houston, unfortunately has the most drunk driving accidents in the state of Texas. Nationwide, the National Highway Traffic Safety Administration states that 37 people die daily from drunk driving crashes.
Some types of crashes are more common than others when drunk driving is involved. A vehicle accident caused by drunk driving can include, but is not limited to:
- Head-on accidents caused by driving in the opposite lane or crossing over the road divider;
- Rollovers due to high speeds or erratic driving;
- Rear-end damage, typically due to delayed reaction time.
Regardless of the type of collision or the amount of damage, drunk driving causes serious and irreversible effects in almost all cases. Even when a DUI accident doesn’t cause a fatality, it can cause severe physical damage like a traumatic brain injury. If you have been impacted by drunk driving, reach out to an experienced Houston drunk driving accident lawyer as soon as possible to assess your case and be informed of your rights.
What is Bentley's Law?
Bently’s law is a law that requires a person who is found guilty of intoxicated manslaughter while operating a motor vehicle to pay child support to any surviving minors who were dependents of the victim. Bentley’s Law went into effect in Texas in September of 2023.
What Are the Consequences of Texas Drunk Driving?
Depending on the specifics of the incident, a drunk driver can face criminal charges and civil charges in a drunk driving lawsuit. A criminal charge for driving under the influence can lead to severe consequences. If a Houston drunk driver is convicted of DUI or DWI (Driving While Intoxicated), penalties include hefty fines, jail time, and having their driver’s license suspended. The range of penalties depends on prior incidents and convictions involving that driver. In Texas, a third DWI is classified as a felony and will likely end in prison time.
Additionally, a civil lawsuit can be filed by the injured party, where they can seek punitive damages and compensation for medical costs. In either a criminal or civil lawsuit, proceedings can become complex and stressful. You can expect the offender’s defense team and insurance company to fight back against the charges. This is where highly qualified Houston drunk driving lawyers and attorneys can help you build a strong case and support you throughout the process.
What is Intoxication Manslaughter a/k/a Intoxicated Manslaughter?
Intoxication Manslaughter is causing the death of another while operating a vehicle, boat, plane, or amusement ride of any kind under the influence of alcohol or drugs. The law is found under Texas Penal Code 49.08, which reads:
(a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) An offense under this section is a felony of the second degree.
Intoxication Manslaughter is a crime punishable as a second-degree felony in Texas. A second-degree felony is punishable by a fine up to $10,000 and from two to twenty years in prison.
(See 12.33)
What is Intoxication Assault?
Intoxication Assault is defined as causing serious bodily injury of another while operating a vehicle, boat, plane, or amusement ride of any kind under the influence of alcohol or drugs. The law is located at Texas Penal Code 49.07, which reads:
(a) A person commits an offense if the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
(b) In this section, “serious bodily injury” means an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(c) An offense under this section is a felony of the third degree.
Intoxication Assault is punishable by a fine of up to $10,0000 and two to ten years in prison.
What does BAC stand for?
BAC stands for blood alcohol content. It is a measure of the percentage of alcohol that is found in your blood.
At What BAC Are You Legally Intoxicated?
According to the Texas Department of Transportation, a person is legally intoxicated when their blood alcohol concentration level is at 0.08 percent or higher. With this amount of alcohol in their system, the drunk driver cannot control the vehicle, often resulting in swerving on the road or being unable to follow highway directions.
