Drunk driving accidents are devastating experiences that can affect the lives of victims and their families for years to come. If an intoxicated driver injured you or someone you love, call a Houston drunk driving accident lawyer.
At Omega Law Group Accident & Injury Attorneys, we have served injured victims since 2016. You won’t have to handle the legal aftermath of the collision all by yourself; our Houston car accident lawyers are by your side.
We prioritize putting our clients first, always. We protect your right to pursue fair compensation. Call today for a free consultation.
What Our Drunk Driving Accident Lawyers in Houston Can Offer You
When you’ve been hurt in a collision with a drunk driver, work with a law firm that is dedicated to helping you recover.
Here’s what our Houston personal injury lawyers can do for you.
Decades of Combined Experience
With years of experience handling personal injury cases, we know how to build your case effectively. We can help victims of drunk driving accidents fully recover after the crash.
Client-Focused Approach
Our personal injury attorneys treat every client like we would our own families. At Omega Law Group, we provide personalized attention, and we always address your concerns.
We take the time to understand your unique situation and tailor our legal strategy to address your specific needs.
Contingency-Based Fees
We understand that the financial burdens associated with drunk driving crashes can pile up quickly. That’s why we offer contingency-based fees. You won’t have to pay us up front; you only owe us once we successfully recover compensation for you.
If we don’t win your case, you don’t owe us anything. It’s as simple as that.
Aggressive Representation
We don’t back down from a challenge. Our attorneys are aggressive advocates for our clients. Our team is prepared to take on insurance companies and negligent drivers alike as we fight for the maximum compensation available for you under the law.
Whether your case settles through negotiation or goes to trial, we are ready to fight for you.
Proven Success
Our firm has recovered millions of dollars for personal injury accident victims. We are proud of our case results when it comes to securing favorable outcomes for our clients. We can help you achieve fair compensation in your case.
Compensation for Drunk Driving Accident Victims
A drunk driving accident can leave victims dealing with major financial burdens. Medical treatment, time away from work, and long-term recovery can quickly affect every part of your life.
If another driver caused the crash by driving under the influence, you may have the right to pursue both economic and non-economic damages. The amount and type of compensation available depend on the details. Our Houston drunk driving lawyers can help you recover.
After a crash with an intoxicated driver, you could receive compensation for:
- Medical expenses: You may recover compensation for the cost of medical care related to the accident, including emergency treatment, hospital stays, and future medical needs caused by serious injuries.
- Lost income and reduced earning ability: If injuries prevent you from working, compensation may cover lost wages and missed income opportunities. You could also get money for reduced earning capacity if you can’t return to the same type of work.
- Property damage: Compensation may also be available for vehicle repairs, the replacement value of a totaled vehicle, rental car expenses, and damage to personal belongings that were inside the vehicle at the time of the crash.
- Pain and suffering: You may seek compensation for the physical pain, emotional distress, mental anguish, anxiety, and overall impact the injuries have had on your quality of life.
- Permanent disability or disfigurement: When a crash causes permanent injuries, you may recover compensation for long-term disabilities, mobility limitations, scarring, disfigurement, and the ongoing care these conditions may require.
Compensation can help you recover the resources you need to move forward. Our experienced drunk driving accident attorneys in Houston evaluate the full extent of your losses. Omega Law Group can help you show how your life changed after the crash.
Possible Punitive Damages
Punitive damages are different from compensation for medical bills or lost income. These punish the wrongdoer and send a clear message that dangerous conduct will not be tolerated. They also discourage others from acting in the same way in the future.
Punitive damages address especially serious or reckless behavior. Drunk driving cases may qualify for punitive damages when the driver’s behavior shows extreme recklessness, such as choosing to drive while heavily intoxicated and causing harm to others.
In Texas, punitive damages are only awarded in limited situations. Gross negligence means the person acted with a serious disregard for the safety of others, even though they knew the risks. Our Houston drunk driving attorneys can determine if you qualify.
Factors That Determine the Value of Your Claim
The value of a drunk driving accident claim in Houston depends on many different factors. No two cases are the same, and the final amount is based on the specific losses and circumstances involved.
Insurance companies and attorneys look at both financial losses and the personal impact of the accident when determining the value of a claim. Our drunk driving lawyers in Houston will review your case and estimate the value of your claim. At Omega Law Group, we conduct a detailed review of all available documents.
Severity of Injuries
More serious injuries usually lead to higher compensation. Broken bones, spinal cord injuries, and long-term disabilities often require extensive treatment. Long recovery times increase the value of a claim.
Degree of Fault
Texas follows a modified comparative negligence rule. If you are found partially at fault, your compensation may be reduced. If the other driver was clearly drunk, this can strongly support your claim.
Our lawyers can tell you more about how fault is determined in a car accident in Texas.
Long-Term Effects
Injuries that lead to permanent disability, scarring, or long-term care needs can significantly increase the value of a claim because they affect your future quality of life.
The Difference Between DUI and DWI in Texas
In Texas, the difference between a DWI and a DUI mainly comes down to the driver’s age and the level of intoxication. In Houston, drunk driving laws are strictly enforced. Those who choose to drive under the influence of alcohol or drugs can face both criminal and civil consequences.
Driving While Intoxicated (DWI)
A DWI is the more serious charge. Adults can be charged with DWI if they are driving:
- With a blood alcohol concentration (BAC) of 0.08% or higher
- While impaired by alcohol, drugs, or a combination of substances
Even if someone’s BAC is below 0.08%, they can still face a DWI if alcohol or drugs affected their ability to drive safely.
A DWI can lead to:
- Jail time
- Fines
- License suspension
- Probation
- Higher insurance costs
- A criminal record
Driving Under the Influence (DUI)
In Texas, a DUI usually applies to drivers under 21 years old.
Texas has a “zero tolerance” law for minors. That means a driver under 21 can get a DUI if they have any detectable amount of alcohol in their system, even if they are not legally intoxicated.
A DUI for a minor may result in:
- Fines
- Community service
- Alcohol awareness classes
- License suspension
Do Not Trust the Insurance Company
The insurance company is not on your side. Even though adjusters may sound helpful, their main goal is to protect the company’s money and limit how much they pay out on your claim.
Insurance companies move quickly after a crash. They may contact you soon after the accident, ask for statements, or offer a fast settlement. These early offers are usually lower than what your case is actually worth.
Speak with our drunk driving accident lawyers in Houston before accepting any offer or giving a statement. We protect your rights and ensure you are treated fairly.
Quick Settlement Offers
Insurance companies may try to settle your claim quickly before you understand the full extent of your injuries. Once you accept a settlement, you typically cannot ask for more money later, even if your medical costs increase.
Recorded Statements
An adjuster may ask you to give a recorded statement. This can be used to find small inconsistencies or to shift some blame onto you. You are not required to give a recorded statement to the other driver’s insurance company.
Minimizing Injuries
Insurance companies may downplay your injuries or argue that they are not serious. They may also suggest that your condition is pre-existing or unrelated to the accident.
Delaying the Claim
Some insurers delay the process in hopes that financial pressure will force you to accept a lower settlement. These delays can make it harder to pay medical bills and other expenses.
Shifting Fault
Even when the other driver was drunk, the insurance company may still try to argue that you were partially at fault. This can reduce the amount of compensation they have to pay.
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Negligence in Drunk Driving Accidents
When someone drives under the influence of alcohol, they are considered negligent. Negligence refers to a failure to act with reasonable care.
To show negligence, our Houston drunk driving accident attorneys focus on these main elements:
- Duty of care: Every driver has a legal duty to operate a vehicle safely and follow Texas traffic laws. This includes driving sober, paying attention to the road, and avoiding behavior that puts others at risk. Drivers are expected to take reasonable steps to protect everyone sharing the road.
- Breach of duty: A breach happens when a driver fails to meet that duty of care. In drunk driving cases, this often means getting behind the wheel while impaired by alcohol or drugs. Driving while intoxicated is a clear example of unsafe and reckless conduct.
- Causation: It is not enough to show that the driver was intoxicated. Our attorneys must also prove that the driver’s actions directly caused the accident and the resulting injuries. This means connecting the drunk driver’s impairment to the crash itself.
- Damages: Finally, we must show that the accident caused real losses and harm. Strong documentation helps show the impact the crash has had on your life.
In a civil lawsuit, you can hold the at-fault driver accountable for their actions by demonstrating that they engaged in negligent actions that directly caused your injuries and the damage you endured.
The Modified Comparative Negligence Rule in Texas
Texas follows a legal rule called modified comparative negligence. This rule can affect how much compensation you receive after a car accident, including a drunk driving crash.
Under this system, more than one person can share fault for an accident. Even if another driver was mostly responsible, the insurance company may still argue that you also contributed to the crash in some way.
Texas uses a 51% bar rule. If you are found to be 50% or less at fault, you can still recover compensation. However, if you are found to be 51% or more at fault, you cannot recover damages.
How Can You Protect the Value of Your Houston Drunk Driving Accident Claim?
After a drunk driving accident in Houston, the steps you take early on have a major impact on the value of your claim. Protecting your case means protecting your health, your evidence, and your right to fair compensation.
Omega Law Group can guide you through your next steps.
Get Medical Treatment Right Away
You should seek medical care as soon as possible, even if your injuries seem minor. Some injuries take time to appear, and delaying treatment can make your condition worse and give the insurance company a reason to question your claim.
Learn more about where you can get medical treatment after an accident in Houston.
Follow Your Doctor’s Instructions
Follow all medical advice, attend follow-up appointments, and complete recommended treatment. Gaps in treatment can be used to argue that your injuries are not serious or are unrelated to the accident.
Avoid Speaking to the Insurance Company Alone
The insurance company may try to contact you quickly after the crash. You should be careful about giving statements or accepting settlement offers without legal guidance, because early actions can reduce the value of your claim.
Do Not Accept a Quick Settlement
A fast settlement offer may seem helpful, but it is often lower than the true value of your case. Once you accept an offer, you typically cannot request additional compensation later, even if your condition worsens.
Preserve Evidence From the Accident
You should keep any evidence related to the crash. This includes photos of the scene, vehicle damage, medical records, police reports, and contact information for witnesses. Our lawyers can help you get the police report after an accident in Houston.
Document Your Losses
Keep track of how the accident affects your daily life. This includes medical bills, missed work, pain levels, and any difficulties with normal activities. This documentation helps show the full impact of your injuries.
Speak With an Attorney Early
An experienced Houston drunk driving accident attorney can protect your rights, handle communication with insurance companies, and build a strong case. Early legal help can prevent mistakes that may reduce the value of your claim.
The Statute of Limitations for Personal Injury Lawsuits in Texas
In Texas, there is a legal deadline for filing a car accident lawsuit. This deadline is called the statute of limitations. If a case is not filed within this time limit, the court can dismiss it, and you may lose the chance to recover full compensation.
For most personal injury cases in Texas, including car accidents and drunk driving accidents, the statute of limitations is two years, based on Tex. Civ. Prac. & Rem. Code § 16.003.
Evidence can disappear over time, so the sooner you call us, the better. Witnesses may forget details, surveillance footage may be deleted, and physical evidence from the crash can be lost. Call our Houston drunk driving accident attorneys today.
Possible Exceptions
In limited situations, the deadline may be extended.
These can include cases involving:
- Minors under 18 years old
- People who are mentally incapacitated
- Cases where the at-fault party cannot be located
- Delayed discovery of certain injuries or harm
These exceptions are not automatic and are evaluated carefully under Texas law.
Compassionate Support After a Fatal Drunk Driving Crash in Houston
Losing a loved one in a drunk driving crash is deeply painful. Families are often left dealing with grief, unanswered questions, and unexpected financial pressure. During this time, it can feel overwhelming to know what steps to take or where to turn for help.
Our Houston wrongful death lawyers provide compassionate legal support to families facing this loss. We handle the legal process so you can focus on your family and healing.
We understand that no legal action can replace your loved one, but it can help bring financial stability during a difficult time. We take the time to listen and guide families through each step with care.
In a fatal drunk driving case, we can help with:
- Investigating the crash and determining exactly what happened
- Identifying all responsible parties, including the drunk driver and any other liable individuals or businesses
- Gathering evidence such as police reports, traffic cam footage, and toxicology results
- Filing a wrongful death claim under Texas law
- Pursuing wrongful death damages
- Handling communication with insurance companies so you are not pressured or overwhelmed
We understand that every family’s situation is different. Some want answers about what happened. Others want accountability and financial security for the future. Many want both. We support your goals and treat every case with respect.
Can You File a Wrongful Death Lawsuit?
In Texas, a wrongful death lawsuit can be filed by the deceased person’s surviving spouse, children, or parents. One or more of these family members can bring the claim on behalf of all eligible survivors.
If none of these family members file a claim within three months of the death, the personal representative or estate administrator must file it instead. This only applies unless all eligible family members agree that no lawsuit should be filed.
Wrongful Death Damages
In a Texas wrongful death case, compensation is paid to the deceased person’s spouse, children, or parents for the losses they suffer because of the death.
Wrongful death damages after a tragic drunk driving collision can include:
- Lost financial support: This refers to the income the deceased person would have earned and contributed to the family. It includes wages, benefits, and other financial help that the family relied on.
- Loss of household services: This covers the everyday tasks the person used to handle at home, such as cooking, cleaning, childcare, home maintenance, or transportation. These services often have real economic value because someone else may need to replace them.
- Emotional suffering: This is the mental and emotional pain caused by the loss. It includes grief, sadness, anxiety, and the long-term emotional impact of losing a close family member.
- Loss of love, care, and companionship: This refers to the personal relationship the family has lost. It includes affection, guidance, support, comfort, and the presence of the person in daily life.
- Loss of future savings or inheritance: This represents the money or assets the deceased likely would have saved and passed on over time. It accounts for the financial growth and long-term support you would have received in the future.
In some cases, the court may also award punitive (exemplary) damages, as per Tex. Civ. Prac. & Rem. Code § 71.009. These are only allowed when the death was caused by extreme negligence or intentional wrongdoing.
Contact Our Houston Drunk Driving Accident Law Firm Today for Legal Guidance
At Omega Law Group, we protect the rights of drunk driving accident victims and fight for the justice you deserve. Our attorneys have the experience, knowledge, and resources you need to pursue the compensation you need to rebuild your life.
No matter the severity of your accident, we can guide you through every step of the legal process. Your well-being is our top priority; we provide the support and advocacy you need. Contact us today to schedule a consultation; let our family take care of yours.
