Houston Drunk Driving Accident Lawyer

What Should You Do After a Drunk Driver Hits You?

The basic steps are a lot like any serious crash — we cover those in our guide on what to do after a Houston accident — but a DWI case adds one thing: timing matters even more, because the intoxication evidence disappears fast. Here’s what to do:

1. Call 911. Tell the dispatcher you think the other driver is drunk.
2. Tell the responding officer what you saw — slurred speech, the smell of alcohol, open containers, stumbling — and ask that sobriety testing be done.
3. Get names and phone numbers from any witnesses.
4. Take photos and video of the vehicles, the scene, skid marks, and your visible injuries. Document your injuries to strengthen your claim for damages.
5. Get medical attention right away after a car crash, even if you feel ok. Some serious injuries don’t show up right away. Prompt care will also document your injuries in the medical records to support a personal injury claim.
6. Contact your own insurance company, but don’t give the other driver’s insurance company a statement. Adjusters call fast, and anything you say while you’re still in shock can be used against you.
7. Call a Houston drunk driving accident lawyer before you agree to anything: (281) 587-1111.

Common Injuries in Serious Drunk Driving Crashes

Drunk-driving crashes can cause devastating injuries, particularly when an impaired driver never brakes or takes evasive action before impact.

Serious injuries we see in motor-vehicle cases can include:

• Traumatic brain injuries and concussions
• Spinal cord and serious back injuries
• Broken bones
• Internal injuries
• Burns and disfigurement
• Permanent impairment or disability
• Psychological trauma, including anxiety and PTSD

For someone with a catastrophic injury, today’s hospital bills are only part of the claim. Future medical treatment, rehabilitation, reduced earning capacity, home assistance and the effect of the injury on everyday life may account for a substantial part of the damages.

That is why we focus on understanding how an injury will affect a client years into the future—not just what appears in the first stack of medical bills.

What Compensation Can You Recover?

The compensation available after a drunk-driving crash depends on the injuries, financial losses, available insurance and facts of the particular case. Texas law may allow an injured person to seek compensation for:

• Past and future medical expenses
• Lost wages and loss of earning capacity
• Property damage
• Physical pain and suffering
• Mental anguish
• Physical impairment
• Disfigurement
• Other economic losses caused by the crash
• Exemplary damages when the evidence and Texas law support them

A severe crash can leave you with a traumatic brain injury or other catastrophic injuries that need care for the rest of your life. Figuring out those future costs correctly is one of the most important things an experienced lawyer does for you. For a realistic look at what your case might be worth, see our guides on what affects a Houston car accident settlement and average settlements in drunk driver cases.

When a Drunk Driving Crash Causes a Death

A drunk-driving crash can leave a family dealing with grief at the same time it is being forced to deal with insurance companies, medical bills, funeral expenses and an unexpected loss of income.

Texas law allows certain surviving family members to bring a wrongful death claim when another person’s wrongful conduct causes a death. Generally, the surviving spouse, children and parents may pursue damages for losses resulting from the death.

There may also be a separate survival claim for damages the person suffered between the injury and death.

A criminal DWI prosecution and a civil wrongful death case serve different purposes. The criminal case may punish the driver, but it does not replace the family’s civil claim for compensation.

We also investigate whether someone other than the driver contributed to the death. In an appropriate case, that can include a bar or restaurant that served an obviously intoxicated customer, an employer, or another responsible party.

One drunk-driving wrongful death case handled by our firm resulted in a $6 million settlement for the victim’s family.

What If the Driver Wasn’t Arrested — or Has No Insurance?

You may still have a strong case. A civil claim only needs proof that the driver’s carelessness caused the crash. That proof can come from witnesses, police reports, body-camera footage, 911 calls, toxicology records, or the driver’s own words. One of our clients recovered $625,000 even though the driver was never arrested and no alcohol test was ever done.

Insurance is often the bigger problem after a DUI accident occurs. A lot of drunk drivers carry only the state minimum coverage, or none at all. When that happens, we look at every other option: your own uninsured motorist coverage, a dram shop claim against the bar, or an employer’s insurance policy. We look beyond the first policy limit to pursue maximum compensation.

Our drunk driving accident attorney can help accident victims in insurance negotiations and push back against lowball offers when the drunk driver caused the wreck.

Drunk Driving in Houston: The Local Picture

Harris County leads Texas in alcohol-related crashes, according to Texas Department of Transportation crash data:

Texas sees over 1,000 drunk-driving fatalities each year, which is one reason Houston car accidents involving an intoxicated driver receive so much attention.

These crashes cluster on a handful of roads, especially after bars close on Friday and Saturday nights. We regularly investigate DWI wrecks on I-45 (both the Gulf and North Freeways), I-10 West, the 610/US-59 interchange near the Galleria, FM 1960, and Beltway 8. Knowing these roads — which businesses have cameras, where bar crowds spill onto the freeway — helps our drunk-driving accident attorney find evidence other firms miss.

Why Families Choose Baumgartner Law Firm

Greg Baumgartner founded Baumgartner Law Firm in 1985. He’s spent more than 40 years representing seriously injured people — never insurance companies. He holds two law degrees, something fewer than 1% of attorneys can say, and he’s a graduate of the Trial Lawyers College. Super Lawyers, the Top 100 Trial Lawyers, and Martindale-Hubbell’s highest peer rating have all recognized his work.

Just as important, our legal team limits the number of serious personal injury cases we take. You’ll work directly with Greg, not a case manager. Many drunk-driving accident claims settle out of court, but we prepare every case as if it were going to trial, because insurance companies pay more when they know a firm will actually go to court. And we hire the experts serious cases need — toxicologists, accident reconstruction experts, life care planners — at our own expense. You only pay us back if we win.

“I know what’s at stake when a drunk driver shatters someone’s life. I’ve stood beside victims in Houston for decades, and every case I take is personal.” — Greg Baumgartner

Don’t just take our word for it. Read what our clients say about working with us.

What Does It Cost to Hire Us?

Nothing up front. Like many Houston firms, we work on a contingency fee basis, which means we cover all case costs and only get paid if we win — usually 33% to 40% of what we recover. If there’s no recovery, you owe us nothing. That structure lets you hire an experienced personal injury lawyer without paying upfront.