What if I am Hit by a Drunk Driver in Texas?

Accidents happen every hour around Texas. Those unlucky enough to come into contact with a drunk driver may have even more reason to be frustrated and concerned about what to do next. The tips and answers to frequently asked questions below will help to put you on the right track after you’re hit by a drunk driver in Texas.

Seek Immediate Medical Attention

One of the first things you should do is seek immediate medical attention. Go to the emergency room, urgent care, or see a doctor you trust and explain your concerns or where you are experiencing pain. Some injuries don’t always show up immediately due to adrenaline from the accident’s aftermath or other reasons.

It is imperative to get checked out and ensure you handle your treatment as directed. Delaying your medical treatment can have devastating effects on your health and your case.

Not only is seeking medical treatment as quickly as possible crucial to your health but it’s also crucial to your case. You have a duty to mitigate your damages, meaning you can’t just sit back and let your damages get worse and expect the defendant to pay for them. So, delaying medical treatment can negatively affect your case.

Get Your Crash Report

The easiest way to get your crash report is to download it online here. A crash report has many details you need to start working on your case, including identities of parties involved (e.g., the at-fault, drunk driver), whether the drunk driver was actually cited for driving while intoxicated, name of their insurance company and policy number. Having this information will be crucial in setting up a claim with the drunk driver’s insurance company.

Gather Evidence

In addition to getting your crash report, you should do your best to gather any evidence you can get. This includes:

Identify Witnesses: It’s a good idea to make sure you identify any witnesses that saw the crash. Take down their name and number and when the police arrive let them know of any witnesses that you’ve identified.
Security Camera Footage: Check whether there was any security camera footage of the accident. Many businesses and homes now have security cameras that may have caught some footage of the accident. It’s a good idea to survey the area and ask the businesses and homeowners around the area if they caught any footage. If so, see if they’ll let you have a copy of it. If not, see if they’ll let you record it from your smartphone.
Take Pictures: Taking photos of the road, vehicles involved, the road, and your injuries is very important since many times we forget details due to all the adrenaline running through your body after a stressful event like a car accident. Don’t rely on your memory.

Open a Claim with the Drunk Driver’s Insurance Company

You’ll want to open a claim with the drunk driver’s insurance company as soon as possible. Just be careful what you tell them when you’re telling them what happened. Stick to the facts and remember you don’t need to know everything to open a claim.

The insurance representative will ask many questions for which you may not have an answer. Don’t worry about it. I would just be careful in volunteering information that may not be crucial to opening a claim. I’d also deny them getting a recorded statement from you. There’s no requirement that you do one. So, don’t feel urged to do so. If they are waiting on your recorded statement to determine liability, I would consult with a drunk driver car accident lawyer before you do so to make sure you don’t say anything that may hurt your case.

Keep Records of Everything

It may seem straightforward to some, but it is worth noting to document everything. Each doctor’s appointment, medical recommendation, prescription, and any notes on your medical file are essential to have on hand.

If referrals are necessary, keep track of these and the findings from any additional tests that were done such as an CT scan or MRI. It can be helpful to keep a journal of your pain levels and how the injuries are healing (with photos) as you progress on your healing journey. Recalling information after it has occurred can be difficult. Keeping a short daily journal of how you feel can help you to stay current and accurate in your details.

Keep Track of Your Lost Wages and Other Losses

As you continue to see doctors or physical therapists for your injuries, you may need to miss work often to do so. Keep track of the time you have missed and calculate how much you have missed out on based on what you earn per hour.

Transportation costs back and forth or travels to specialists can also be recorded. Keep receipts for gas and other expenses while traveling to necessary appointments.

Speak with a Drunk Driver Car Accident Lawyer

Most, if not all, car accident lawyers offer free consultations. So, why not get some free advice? Even if you aren’t planning to hire one, it’s always a good idea to get an expert’s opinion on your case.

Drunk Driving Accidents Frequently Asked Questions

Below are answers to some frequently asked questions if you’re hit by a drunk driver in Texas.

What Damages Am I Entitled to When Hit by a Drunk Driver?

If you’re injured as a result of a drunk driving accident that isn’t your fault, you may be entitled to:

Medical Expenses

You can recover all medical expenses in the past and future that are paid or outstanding for the injuries you suffered in the accident. This includes hospital bills, health insurance co-pays, and medication expenses.

Lost Wages

If you missed time from work from your injuries, you are entitled to recover your lost wages in the past as well as lost earning capacity that you may have in the future as a result of your injuries.

Physical Pain & Suffering

The physical pain and suffering you’ve suffered from your injuries is recoverable against the drunk driver. Although difficult to calculate, this is many times the largest part of any settlement or verdict. Of course, the more severe your injuries, the more pain & suffering compensation you’ll likely be entitled.

Mental/Emotional Distress

The mental and emotional distress you suffer from your injuries is another type of damages that is recoverable in a drunk driver car accident case. Just as in physical pain & suffering compensation, mental and emotional distress is difficult to assign a dollar figure to. But just as physical pain & suffering, the more severely you’re injured, the more you’re likely to recover in mental/emotional distress compensation.

Disfigurement

If you are left with scars from your injuries, you are certainly entitled to be compensated. The seriousness of the scar, the location of the scar, and who you are will all go into determining how much disfigurement compensation you may be entitled to. If the scar is somewhere that’s usually hidden or you’re a male that does not rely on your appearance for income, disfigurement compensation may not be substantial. But if you’re a female that has a scar on your face or other apparent location or you are in the entertainment business and rely on your appearance to make a living, your compensation here can be substantial.

Impairment

Being left with a limp or some other form of permanent physical impairment can significantly increase the overall value of your case. Impairment damages compensates an injured victim for the loss of bodily function that occurred as a result of someone else’s negligence.

Loss of Consortium

A spouse or child can recover for the loss of relationship that can occur when someone is severely injured in a drunk driving accident. This form of compensation is only for the spouse or child of the injured party.

Punitive Damages

Punitive damages are awarded in a personal injury case to act as punishment to the at-fault party for being more than just ordinarily negligent. They are used to punish grossly negligent or reckless behavior when it results in injuring another party. Punitive damages are often awarded in drunk driving cases since the level of negligence often rises beyond just regular negligence in these types of cases. The law views this type of behavior as egregious, punishable by additional damages.

Property Damage

Damage to your car or the contents of your vehicle are recoverable against the drunk driver. This includes repairing your damaged vehicle, replacing your totaled vehicle, recovering diminished value for damage to your vehicle, and loss of use for the time you were without your vehicle.

Other Damages That May Be Awarded

If a loved one lost their life due to the accident, there could be more damages that you could pursue, such as funeral expenses. The loss of future wages due to their untimely death may also be an option to pursue.

Can I Sue a Drunk Driver in Texas?

Definitely, yes! You can not only sue them for negligence but also “gross negligence,” a more extreme form of negligence that can entitle you to additional compensation for your injuries and damages.

Can I Sue My Own Insurance Company If the Drunk Driver is Uninsured/Underinsured?

Yes, you can. If the drunk driver was uninsured or didn’t have enough insurance to compensate you for your injuries, you can go through your own uninsured or underinsured motorist coverage to recover your damages. As for recovering ALL the damages you can recover directly from the drunk driver who caused the accident, that may be different. It is likely, based on at least a couple Texas court cases, that punitive damages are not recoverable against your own uninsured or underinsured policy.

What is the Average Settlement for a Drunk Driving Accident in Texas?

As with all personal injury cases, calculating an average settlement may be difficult since there are many factors involved. However, we know from data gathered by the Insurance Information Institute that the average auto insurance loss was $24,211 for bodily injury and $5,992 for property damage.

How does this help us figure out what an average can be for a drunk driving accident settlement? It can help illustrate what a typical car accident case settles for. And we know drunk driving accident cases can be worth more since you may be entitled to additional damages (punitive damages). So, it may provide a baseline to start your calculations.

To get a better idea of what these types of cases are worth let’s look at some actual Texas settlements and jury verdicts where the defendant was a drunk driver:

Plaintiff v. Farm Bureau Insurance

Facts: Plaintiff was hit by defendant, a drunk driver, at a high rate of speed on I-35 near San Marcos, Texas. Plaintiff’s vehicle rolled over several times. The defendant only had a $30,000 minimum policy, which was already tendered and the plaintiff was seeking underinsured motorist benefits from his own insurance company, Farm Bureau.
Injuries: Abdominal contusions, fractures ribs, traumatic brain injury, concussion, and 3 mm disc herniation.
Medical Treatment: Ambulance ride to the emergency room from the scene of the accident, chiropractic treatment, physical therapy, epidural steroid injections, and consultation with a neurologist.
Medical Bills: $47,844.
Settlement: $270,000. This was the total of the underinsured policy of $300,000. This was a Missouri policy where underinsured benefits are not “stacked” on top of the defendant’s liability limits as they are in Texas.

Plaintiff v. Progressive/Travelers Insured

Facts: Plaintiff was struck by defendant, a drunk driver, while attempting to make a high-speed turn as he was fleeing from another crash he had just been involved in Houston, Texas.
Injuries: Disc bulges in neck and back, anxiety, and radiculopathy in both shoulders.
Medical Treatment: Chiropractic treatment and epidural steroid injections.
Medical Bills: $200,337.
Settlement: $500,055.

Plaintiff v. State Farm Insurance

Facts: Defendant, an uninsured drunk driver, rear ended plaintiff, which then pushed plaintiff into the vehicle in front of him in Houston, Texas. Plaintiff then sought uninsured motorist benefits from his insurance company, State Farm.
Injuries: Disc herniations in his back and neck, annular tears, headaches, spinal stenosis, and aggravation to a preexisting condition.
Medical Treatment: Ambulance ride to the emergency room from the scene of the accident and chiropractic treatment.
Verdict: $122,675.

Plaintiffs v. Allstate Insurance

Facts: Plaintiffs, husband and wife, were driving straight when defendant, a drunk driver, turn left in front of them, causing the collision. Defendant only had a $30,000 insurance policy, which was tendered. Plaintiffs then sought underinsured motorist benefits from their carrier, Allstate.
Injuries: Both suffered from neck, back, shoulder, and arm injuries. Specifically, herniated discs in both their necks and backs and a partial shoulder tear.
Medical Treatment: Both were taken to the emergency room by ambulance from the scene of the accident. Then treated with a chiropractor followed by pain management. Both underwent epidural steroid injections.
Medical Bills: $45,827 and $71,043.
Verdict: $72,916 and $105,441.

Will the Drunk Driver’s Insurance Company Cover All My Damages?

They should cover all your damages recoverable in any other auto accident case. However, they may pushed back in regards to punitive damages. Some insurance policies specifically exclude covering punitive damages. But the best thing to do, if you hear this from the drunk driver’s insurance company, is to get the advice of a car accident attorney that is experienced in handling drunk driving car accident cases.

Is it Automatically the Drunk Driver’s Fault?

Not always. You still have to prove the drunk driver was negligent, like in any other case. Here’s an example to illustrate: Let’s say there’s a severely drunk driver stopped in his vehicle at a red light. The driver behind him isn’t paying attention to the traffic in front of him and rear ends the drunk driver’s vehicle as he approaches the red light. Is the drunk driver negligent? No! Just because he was drunk doesn’t mean he was negligent and automatically at fault.

What If I’m Hit by a Drunk Driver with No Insurance?

If you have uninsured motorist coverage, you can recover damages from your own insurance company. Now, recovering punitive damages from your own insurance company, may be a different story (see above).

Does the Drunk Driver Have to Be Convicted?

No, but it helps. A conviction means that negligence will be presumed under a legal doctrine called “Negligence Per Se.” This will make your case easier to prove in court. If the drunk driver isn’t convicted, evidence of intoxication can still come in to evidence and be damaging to their defense.

How Does an Accident with a Drunk Driver Differ From an Accident With a Driver Who is Not Under the Influence?

Establishing fault is the first and most crucial step to determining your chances of obtaining compensation for damages. In most cases, proving fault requires a review of the accident site, accident recreation, proving distracted driving, or other information. As mentioned above, if the other driver was under the influence, this helps to prove their negligence.

Typical damages, such as costs for medical bills or repairs to your vehicle, are expected in almost any accident if you can prove the other driver’s fault. As we discussed, punitive damages may also be awarded if it is established that the other driver was under the influence. They can result in a significant amount of damages awarded in addition to other damages that may be awarded.

Who Else May Be Liable in a Drunk Driving Accident?

In some cases, you or your loved ones can pursue damages through the establishment that overserved the drunk driver. Each accident can be reviewed on a case-by-case basis with an experienced attorney.

You may be also able to recover from a business if the drunk driver was within the course and scope of his/her employment at the time of the accident.

In addition, according to Texas Alcoholic Beverage Code §2.02, you may be able to recover from a homeowner or lessee of residential property if an intoxicated minor caused your accident and the homeowner or lessee of residential property was at least 21 years of age or older and is not the minor’s parent, guardian, or spouse; or an adult that has custody of the minor; and the adult knowingly served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.

Any More Questions About Your Texas Drunk Driver Car Accident?

If you have anymore questions regarding your Texas drunk driving car accident case, give us a call at (855) 545-1777. We’d be glad to help! We offer FREE, no obligation consultations.