Houston Drunk Driving Accident Lawyer

If a drunk driver injured you or a loved one in Houston, you may have a civil claim for medical bills, lost income, pain and suffering, future care, and in serious cases, punitive damages. At Baumgartner Law Firm, we represent people and families harmed by intoxicated drivers. We move quickly to preserve evidence, identify every available insurance policy, and determine whether a bar, restaurant, employer, or vehicle owner may also be responsible.

Why Injured People Call Baumgartner Law Firm after a DWI Crash:

• Over 40 years of personal injury experience
• Serious injury and wrongful death focus
• Millions recovered in drunk-driving accident cases
• Direct attorney involvement
• Free consultation
• No fee unless we recover compensation
• Investigation of dram shop, punitive damages, and uninsured motorist claims

What Makes a Drunk Driving Accident Case Different?

Drunk-driving crashes are not ordinary car accident cases. When someone drives intoxicated, it can affect liability, damages, settlement value, and a jury’s willingness to find fault. These cases may also involve claims against businesses that continued serving clearly intoxicated customers.

Texas law also allows civil injury claims even though the drunk driver may separately face criminal charges. Your injury case is about your losses and your family’s recovery, not just whether the driver is prosecuted.

Texas drunk driving accident cases often involve legal issues that do not appear in ordinary car accident claims, including criminal evidence, dram shop liability, punitive damages, and uninsured motorist coverage.

Texas Laws That Can Affect a Drunk Driving Accident Claim

A Houston drunk driving accident case can involve more than a standard car accident claim. The drunk driver may face criminal charges, but the injury claim is separate. The civil case focuses on compensation for medical bills, lost income, pain and suffering, future care, and, in fatal cases, wrongful death damages.

Depending on the facts, the claim may involve the drunk driver, a bar or restaurant, an employer, a vehicle owner, uninsured/underinsured motorist coverage, or punitive damages.

Civil Claims Are Separate From Criminal DWI Charges

A criminal DWI case is brought by the State of Texas to punish the driver. A civil claim is brought by the injured person or family to recover compensation. You may still have a civil case even if the driver was not arrested, the charge was reduced, or the criminal case was dismissed.

Proof of impairment can come from witness statements, officer observations, body-camera footage, 911 calls, crash evidence, toxicology records, bar receipts, surveillance video, and the driver’s statements.

Texas Dram Shop Liability

In some cases, the drunk driver is not the only possible defendant. Under Texas Alcoholic Beverage Code Chapter 2, an alcohol provider may be liable if it served a person who was obviously intoxicated to the extent that the person presented a clear danger to themselves and others, and the intoxication caused the damages.

This is why a fast investigation matters. Bar receipts, credit card records, surveillance video, employee schedules, witness statements, and security reports may disappear quickly. A dram shop claim can be especially important when the drunk driver has low insurance limits or no insurance.

Punitive Damages in Texas Drunk Driving Cases

Texas law refers to punitive damages as “exemplary damages.” They are meant to punish especially dangerous conduct, not simply repay the injured person for losses. Texas defines exemplary damages in Civil Practice and Remedies Code Section 41.001.

Exemplary damages are not automatic. In Texas, the claimant generally must prove by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence under Section 41.003. In a drunk driving case, evidence such as a high blood alcohol level, prior DWI history, wrong-way driving, open containers, hit-and-run conduct, or extreme speeding may affect the punitive damages analysis.

Texas Two-Year Deadline

In most Texas personal injury cases, a lawsuit must be filed within two years from the date the claim accrues. Texas also applies a two-year deadline to wrongful death claims measured from the date of death. See Texas Civil Practice and Remedies Code Section 16.003.

Even when two years seems like enough time, waiting can hurt the case. Video, witness memories, bar records, toxicology evidence, phone data, and vehicle data can be lost. Early action helps preserve the proof needed to show intoxication, fault, damages, and all available sources of recovery.

How We Help After a Houston Drunk Driver Crash

When we handle a drunk-driving accident case, we work to:

• Investigate the driver and all available insurance coverage.
• Determine whether a bar, restaurant, or other business may share liability.
• Preserve police reports, video, toxicology reports, and witness evidence.
• Document the full extent of your injuries and future losses.
• Deal with the insurance company so you do not have to
• Prepare the case for trial if a fair settlement is not offered.

What Should You Do After a Drunk Driver Hits You?

The steps you take right after a car accident with an intoxicated driver can make or break your case. Here is exactly what to do:

• Call 911 immediately. Tell the dispatcher you were hit by a driver who appears to be drunk.
• Tell the responding officer you believe the driver is intoxicated. Ask that sobriety tests be performed.
• Get witness contact information. Collect full names and phone numbers from anyone who saw the accident.
• Take photos and video. Capture damage to all vehicles, the crash scene, skid marks, and your visible injuries.
• Seek medical care right away. Go to an ER or urgent care clinic, even if you feel okay. Some injuries appear hours or days later.
• Contact a Houston drunk driving accident lawyer. Call Baumgartner Law Firm before agreeing to anything.
• Do not speak to the other driver’s insurance company before getting legal advice. company. Adjusters will call quickly. Say nothing without first consulting an attorney.