Austin Drunk Driving Accident Attorneys

Demanding Accountability in Drunk Driving Crashes in Austin

Drunk driving accidents inflict devastating, preventable trauma that can leave survivors with serious and catastrophic injuries and a deep sense of injustice. If you were hit by a drunk driver in Austin, you may have a civil claim that is separate from the criminal DWI case.

At LGR, our Austin drunk driving accident attorneys are personally invested in fighting for survivors of DWI crashes.

Call (512) 800-8000 for a free consultation.

Going Beyond Criminal Charges: Suing a Drunk Driver in Texas

When a drunk driver causes a car accident in Austin, the driver may face criminal charges. That process decides whether the driver committed a crime. Your own losses are generally addressed in a separate civil case.

The civil justice system provides a separate pathway for survivors to seek compensation. A civil lawsuit seeks to hold the impaired driver financially accountable for the harm.

Civil vs. Criminal Liability in Austin Drunk Driving Cases

The criminal case focuses on punishment, such as jail time, and requires proof beyond a reasonable doubt. In contrast, your civil lawsuit focuses on compensation (money damages) and generally uses a lower standard of proof called a preponderance of the evidence. For a fact to be proved by a preponderance of the evidence, the jury must find it more likely true than not true.

Your civil claim is its own case. How the criminal case affects it depends on the facts. Punitive damages, which punish the driver’s conduct, require stronger proof.

• Criminal Case Goal: Punishment, including possible jail time
• Civil Case Goal: Compensation for your medical bills, lost earnings and pain, plus punitive damages in some cases

Seeking Compensation in Texas Drunk Driver Lawsuits

Survivors of drunk driving in Austin may seek compensation for the impact of the crash, both financial and emotional. Texas law divides this compensation into economic and noneconomic damages. In some cases, punitive damages may also be available. There is no average settlement for a drunk driving accident; the value of each claim depends on its own facts.

Economic Losses

Economic damages are meant to compensate for actual financial loss. They can include:

• Medical Costs: medical expenses such as emergency care, surgeries, rehabilitation and medication. Texas generally limits recovery of medical expenses to the amount actually paid or incurred by you or on your behalf.
• Lost Income: a claim can seek lost earnings and lost earning capacity. Texas requires those losses to be shown as a net amount after federal income taxes.

Non-Economic Losses

Noneconomic damages compensate for harms that are not measured in bills. In our experience, for many people hit by a drunk driver, pain and suffering and the emotional toll are the hardest part of the injury. Texas law lists harms such as:

• Physical pain and suffering
• Mental or emotional pain or anguish
• Disfigurement
• Loss of consortium
• Loss of enjoyment of life

We document them through your medical records, your own account of how daily life has changed since the crash, and what family members, friends and coworkers have noticed. Clear records help show the full effect of the injury on your life.

Punitive Damages

Punitive damages (also called exemplary damages) are awarded as a penalty, not to repay a loss, and they are not automatic. Texas allows them generally only if you prove by clear and convincing evidence that the harm resulted from gross negligence, fraud or malice. Gross negligence generally means the driver’s conduct involved an extreme degree of risk to others, and the driver knew of that risk but went ahead with conscious indifference to others’ safety. The jury must be unanimous. Punitive damages are generally capped, but the cap does not apply against a defendant whose conduct is described as the felony of intoxication assault or intoxication manslaughter.

Fatal Drunk Driving Accidents in Texas

When a drunk driving crash takes a life, depending on the facts, Texas law allows a wrongful death claim for actual damages. It is not blocked because the death was caused by a felony or because a criminal case may be pending.

• Wrongful death claim: for the benefit of the surviving spouse, children and parents of the person who died. One or more of them can bring it for all.
• Survival claim: the injury claim your loved one could have brought passes to the heirs, legal representatives and estate.

A wrongful death claim generally must be filed within two years from the date of death. Our Austin wrongful death lawyers can explain which claims fit your family.

Holding All Parties Accountable in Drunk Driving Cases

We work to identify every party who may share responsibility. The impaired driver is the most obvious defendant, but the driver’s insurance limits may not be enough to cover serious injuries. When the facts support it, our drunk driving accident law firm in Terrell and Austin pursues claims against third parties as well. Texas minimum liability coverage is 30/60/25, but your own policy may help: a Texas auto liability policy must include uninsured/underinsured motorist (UM/UIM) coverage unless someone named on it rejected it in writing. The at-fault driver’s liability insurance pays to repair or replace your car or other damaged property, up to the policy’s limits.

Who May Be Responsible for Damages in Drunk Driving Cases?

• The Impaired Driver: for negligence, and for gross negligence when punitive damages may apply.
• Commercial Establishments: bars, restaurants or stores that served an obviously intoxicated driver, under the Texas dram shop law explained below.
• Adults Who Provide Alcohol to Minors: an adult 21 or older who knowingly provides alcohol that contributes to the intoxication of a minor under 18, when that intoxication then causes harm. The rule does not cover the minor’s parent, guardian or spouse, or an adult with court-ordered custody.
• Vehicle Owners: in some cases, an owner who let an unlicensed, incompetent or reckless driver use the vehicle, if the owner knew or should have known the driver was unlicensed.
• Employers: if the driver was an employee acting in the course and scope of the job, the employer may share liability.

What Is Texas Dram Shop Law?

Texas dram shop law can make a seller of alcohol responsible for damages caused by the intoxication of someone it served. It covers anyone who sells or serves alcohol under a license or permit, such as a bar, restaurant or store, and anyone else who sells alcohol to a person. Under the Texas Alcoholic Beverage Code, both of these must be proved:

• It was apparent to the seller when the alcohol was served that the person was obviously intoxicated to the point of being a clear danger to himself and others.
• The intoxication was a proximate cause of the damages.

We gather key evidence, such as bar receipts, surveillance video and witness testimony. In our experience, this evidence can disappear quickly, so we move early to preserve it.

LGR Takes a Stand Against Impaired Drivers in Austin

Our managing partner’s family was hit by a repeat-offender drunk driver when he was 10. We’re LGR Law Firm, a personal injury firm founded in 2010, and our attorneys are licensed to practice across Texas. We have offices in Austin and Terrell.

We Understand the Impact on Victims and Families

A drunk driving crash can upend a family’s life. We listen, explain your options in plain language and deal with the insurance companies so you can focus on your recovery.

We Look Closely at the Evidence

We look at the BAC and toxicology results, the police reports and evidence from where the driver was drinking, such as bar receipts and surveillance video. We also look at the driver’s conduct and any prior DWI history when deciding whether punitive damages may be supported.

You Don’t Pay Unless We Win

We work on contingency. If we don’t win, you owe no attorney fee and no case expenses. We’ll explain how the fee works before you sign anything. Your first consultation is free, and talking with us does not commit you to hiring us.

RESPONSIBLE ATTORNEY: Tray Gober (Kenneth Parks Gober, III), Managing Partner, LGR Law Firm, 11940 Jollyville Road, Suite 220-S, Austin, TX 78759.

This information is for educational purposes and does not constitute legal advice. Every case is unique — contact our office for a free consultation about your specific situation. Past results do not guarantee future outcomes.