Austin Drunk Driving Accident Attorneys

Demanding Accountability in Drunk Driving Crashes in Austin

Drunk driving accidents inflict devastating, preventable trauma, leaving survivors with serious and catastrophic injuries and a deep sense of injustice. In Austin, holding impaired drivers accountable requires aggressive legal action focused on maximizing compensation. 

At LGR, our Austin drunk driving accident attorneys are personally invested in fighting for survivors of DWI crashes. Contact us immediately for a free, no-obligation consultation to secure the justice your family deserves.

Going Beyond Criminal Charges: Suing a Drunk Driver in Texas

When a drunk driver causes a car accident in Austin, they face immediate criminal prosecution, but that process only addresses the crime against the state—it does not compensate the survivor for their catastrophic losses. 

The civil justice system provides a separate, essential pathway for survivors to secure financial recovery. A civil lawsuit holds the impaired driver personally and financially accountable.

Civil vs. Criminal Liability in Austin Drunk Driving Cases

The criminal case focuses on punishment (jail time, fines) and requires proof beyond a reasonable doubt, a high standard. In contrast, the survivor’s civil lawsuit focuses on compensation (money damages) and requires a much lower standard of proof: preponderance of the evidence. 

Because of the difference in required proof, even if the drunk driver avoids a criminal conviction, the survivor may still be able to successfully win a civil judgment for compensation. Furthermore, civil claims allow survivors to pursue unique damages designed to punish the driver’s recklessness.

• Criminal Case Goal: Punishment, incarceration, and state fines
• Civil Case Goal: Compensation for the survivor”s medical bills, lost wages, and pain, as well as potential punitive damages to punish the offender

Securing Maximum Compensation in Texas Drunk Driver Lawsuits

Survivors of drunk driving in Austin are entitled to compensation that addresses the total, devastating impact of the crash, both financial and emotional. 

Because DWI accidents are considered acts of gross negligence, Texas civil law also allows for the recovery of special damages designed to punish the offender, often resulting in much higher settlements than standard auto claims. 

Economic Losses

These damages cover every verifiable financial cost associated with the injury, ensuring the survivor is not burdened by the costs of the negligent driver’s choices. We work with financial experts to calculate the full amount.

• Medical Costs: This includes all past, present, and future medical expenses, such as emergency care, surgeries, long-term rehabilitation, and medication.
• Lost Income: Full compensation for wages lost during recovery and critical damages for diminished earning capacity if the injury permanently affects the surivorr’s ability to work.
• Property Damage: This includes your motor vehicle, laptop, glasses, clothing, phone, and other personal property that was damaged in the wreck.

Non-Economic Losses

Non-economic damages compensate for the non-monetary toll, which is especially severe in DWI cases due to the trauma involved. These include:

• Pain and Suffering: Physical pain, ongoing chronic discomfort, and lasting physical impairment.
• Mental Anguish: Severe emotional distress, anxiety, fear of driving (vehophobia), and Post-Traumatic Stress Disorder (PTSD).
• Disfigurement and Scarring: Compensation for permanent visible injuries, including burns or traumatic scars, and the resulting loss of self-esteem.
• Loss of Consortium: Damages awarded to the survivor’s spouse for the loss of companionship, affection, support, and intimacy caused by the injuries.
• Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, sports, social events, and normal daily activities that brought pleasure before the crash.

Punitive Damages

This is the most critical element unique to DWI cases. Punitive damages (also called exemplary damages) are not awarded to compensate the survivor but to punish the drunk driver for their extreme recklessness and deter future gross negligence. 

Texas law allows these damages to be awarded without the state’s typical statutory caps in some circumstances. We aggressively pursue these damages to deliver a powerful message of accountability.

Fatal Drunk Driving Accidents in Texas

Fatal accidents caused by drunk drivers represent one of the most tragic forms of negligence in Texas. These incidents give rise to wrongful death claims, which seek to hold the impaired driver and potentially third parties, such as bars, fully accountable.

The compensation awarded in these cases is substantial because it covers the immense, permanent losses suffered by the surviving spouse, children, and parents. Damages include: 

• Economic losses: Lost future financial support 
• Non-economic losses: Grief, mental anguish, and loss of companionship 

Critically, Texas law allows the family to pursue punitive damages against the drunk driver for their gross negligence, aiming to punish the reckless act and deter future impaired driving. 

Holding All Parties Accountable in Drunk Driving Cases

A civil lawsuit following a drunk driving crash must meticulously investigate the circumstances to identify and sue every potentially negligent party. While the impaired driver is the most obvious defendant, their personal insurance limits may be insufficient to cover the survivor’s catastrophic injuries. 

Our drunk driving accident law firm in Terrell and Austin actively pursues claims against third parties whose reckless actions contributed to the tragedy, ensuring that the survivor’s compensation is maximized beyond the driver’s policy limits.

Who May Be Responsible for Damages in Drunk Driving Cases?

Financial liability often extends beyond the person behind the wheel, especially in Texas, where third-party negligence can be proven. We pursue compensation from all entities that contributed to the driver’s intoxication or the crash.

• The Impaired Driver: The most direct source of liability, sued for their negligence and for gross negligence to secure punitive damages.
• Commercial Establishments: Bars, restaurants, or liquor stores that illegally served the driver.
• Social Hosts: Individuals who provided alcohol to a minor, leading to the crash.
• Vehicle Owners: If the owner negligently entrusted their vehicle to a driver they knew was intoxicated or had a history of DWI.
• Employers: If the drunk driver was operating a company vehicle while on the clock, the employer may share liability.

What Is Texas Dram Shop Law?

Texas Dram Shop Law holds commercial providers of alcohol financially liable if their illegal service resulted in injury or death. Specifically, a bar, restaurant, or store can be held responsible if:

1. They served alcohol to a patron who was visibly intoxicated to the point of presenting a clear danger to themselves or others.
2. The intoxication of that individual was the proximate cause of the damages suffered by the survivor.

This law provides a critical avenue for recovery, often targeting commercial insurance policies that carry much higher limits than the impaired driver’s personal insurance. 

Our Austin drunk driving accident lawyers focus on gathering key evidence, such as bar receipts, surveillance video, and witness testimony, to prove the establishment’s violation of the law. This approach ensures comprehensive accountability.

LGR Takes an Aggressive Stance Against Impaired Drivers in Austin

At LGR, our law firm approaches drunk driving accidents not just as traffic collisions, but as acts of gross negligence requiring maximum accountability. Our managing partner, Tray Gober, is a survivor of a DWI crash, giving our team a personal investment in obtaining justice for survivors. 

We Understand the Impact on Victims and Families

We understand the emotional, physical, and financial devastation caused by impaired drivers and build every case to secure both comprehensive compensation and punitive measures against the defendant.

We Work with Experts to Analyze Evidence

We work with experts who have been certified by the National Highway Traffic Safety Administration (NHTSA). This unique insight allows us to expertly evaluate the DWI detection tests, toxicology reports (BAC), and police evidence, ensuring the criminal evidence is leveraged effectively in your civil case.

We Pursue Maximum Compensation in Every Case

We aggressively pursue punitive damages, which are designed to punish the drunk driver. We gather evidence of the driver’s prior DWI history, their extreme Blood Alcohol Content (BAC), and their reckless behavior to prove clear and convincing gross negligence, overcoming the defense’s attempt to minimize the payout.