Drunk driving accidents in Houston take a serious toll on victims and their families. Harris County reports some of the highest DWI crash rates in the state; nearly 40% of all traffic fatalities in the county involve impaired drivers. For survivors, the path forward often includes emergency treatment, hospital stays, physical therapy, and ongoing emotional trauma. Many victims suffer catastrophic injuries and long-term physical impairments.
At D. Miller & Associates, PLLC®, we have been representing victims of drunk driving accidents for many years, helping them get the financial recovery they deserve for their injuries and property damage. We know how to take on the insurance company and the other driver’s legal team. Schedule a free consultation today. Let us make you our next satisfied client.
Were You Injured by a Drunk Driver in Houston?
Being injured by a drunk driver is an avoidable tragedy that often leaves survivors with long-lasting physical and emotional scars. Houston is one of the state’s most dangerous cities for drunk driving accidents.
As a drunk driving accident victim, you may be facing:
- Ongoing medical treatment and growing medical bills
- Time away from work or permanent loss of income
- Physical pain, emotional trauma, and uncertainty about the future
- The need for rehabilitation or lifelong care
These are not burdens you should carry alone. While the state may pursue criminal charges against the driver, it does not provide monetary recovery for victims. However, a civil injury claim handled by a Houston drunk driving accident lawyer fights for your right to compensation for your losses and damages.
What to Do After a DWI Crash in Houston
If you’ve been injured in a DWI crash, the actions you take immediately following the collision can significantly affect your recovery and your legal case.
Take these steps to protect yourself and any future legal action:
- Assess the scene: Check on everyone involved to determine if anyone is injured. Do not attempt to move anyone who appears severely injured. Instead, wait for emergency responders.
- Call 911: Always file a police report. It serves as an objective record for your insurance claim and any legal action you decide to take.
- Seek medical attention: Even minor symptoms can indicate internal injuries. Seeking immediate care also creates a medical record linking your injuries to the crash.
- Gather evidence: Document the event with photos and videos of the scene, including damage to vehicles and other property. Record license plates, vehicle positions, road conditions, and any other information that may be useful later.
- Avoid recorded statements: Avoid recorded statements: Don’t speak to the other driver’s insurer without legal counsel. Insurance companies may try to downplay your injuries or reduce the value of your claim. Let your Dallas car accident attorney handle all communications on your behalf.
- Speak to a Houston drunk driving accident lawyer: Early legal guidance helps preserve vital evidence and protect your rights. An attorney will explain your legal options and begin building your case.
We approach every DWI case with the care and attention it deserves. Our attorneys are not just knowledgeable; they are empathetic and understand the personal impact of your accident. We work tirelessly to build strong cases on behalf of our clients, drawing on our vast resources and experience.
Who Can Be Held Liable in a Houston Drunk Driving Accident Case?
In many cases, the intoxicated driver is the primary at-fault party. However, others may also share responsibility. Texas law recognizes vicarious liability (through respondeat superior) and direct negligence claims against employers in drunk driving cases.
For example, an employer can be held liable if an employee causes a drunk-driving accident while performing work duties, such as making deliveries or driving a company vehicle. This can happen if the employer fails to take reasonable precautions, such as conducting background checks, verifying driving records, or enforcing rules against drinking on the job.
In addition, a vehicle owner may also be responsible for negligent entrustment if they allow an unfit or unlicensed person to drive their car.
Can I Sue a Bar or Restaurant After a Drunk Driving Accident?
Texas’s Dram Shop Act does allow accident victims to pursue compensation from alcohol vendors like bars and restaurants that knowingly served alcohol to an obviously intoxicated person who then caused an injury.
To pursue this kind of claim, you must show that:
- The driver was visibly intoxicated to the extent that they posed a clear danger to themselves or others.
- The alcohol provider continued serving them.
- That over-service was a proximate cause of the crash.
Texas law also recognizes limited social host liability, but only when an adult (18 or older) provides alcohol to someone under 18 who is not their own child, ward, or spouse, and that minor causes injury.
These complex cases often require investigation, witness statements, and toxicology reports. D. Miller & Associates, PLLC, handles both dram shop and qualifying social host liability claims, using key evidence to build strong cases.
What Compensation Can You Recover After a DWI Crash?
Drunk driving accident victims often face serious repercussions, from astronomical medical bills to lifelong pain and disability. While financial outcomes vary on a case-by-case basis, civil lawsuits often allow injured parties to pursue the following:
- Medical expenses (e.g., ER visits, surgery, rehabilitation, and medication)
- Lost income and reduced earning potential
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
In some cases, punitive damages (called exemplary damages in Texas) can be awarded in drunk driving cases if the plaintiff proves, by clear and convincing evidence, that the defendant acted with gross negligence, malice, or fraud. Knowingly driving while intoxicated often qualifies as gross negligence because it shows an extreme disregard for the safety of others.
What if the Drunk Driving Accident Was Fatal?
Tragically, not every victim survives a DWI crash. Families often face not only grief, but also financial strain from lost income, medical bills, and funeral expenses when a loved one passes unexpectedly.
In Texas, the right to file a wrongful death claim is limited to the surviving spouse, children, and parents of the deceased. These family members may seek compensation when a loved one’s death is caused by another party’s negligence or wrongful act.
If none of these relatives file within three months of the death, the personal representative or executor of the estate may bring the claim, unless the eligible family members request otherwise.
Potential damages in a wrongful death case may include:
- Loss of the deceased’s financial support, services, and contributions
- Funeral and burial expenses
- Mental anguish — substantial emotional pain and distress that goes beyond normal grief, caused by the wrongful death
- Loss of companionship, love, comfort, and guidance
If you lost a loved one due to a drunk driving accident, we can file a wrongful death action against the responsible party.
How a Houston Drunk Driving Accident Lawyer Can Help
The car accident legal team at D. Miller & Associates, PLLC®, can help you seek a fair and robust settlement that includes all the financial recovery you deserve.
We start by doing the following:
- Collecting police reports, BAC test results, witness statements, and other evidence from the accident scene
- Reviewing photos of the crash site, vehicle damage, and any contributing road conditions
- Obtaining and analyzing surveillance footage of the accident, if available
- Securing bar or restaurant receipts and related records when alcohol service may have contributed to the crash
- Consulting with expert witnesses and accident reconstruction specialists
- Gathering and reviewing your medical records to document the extent of your injuries
- We negotiate with the insurance company, the at-fault driver, and their legal team to secure full and fair compensation, refusing to accept a settlement that undervalues your losses. If a fair agreement cannot be reached, we file a lawsuit and present your case to a jury.
Without legal representation, you risk losing access to critical evidence, or you may accept a settlement that doesn’t reflect the full impact of your injuries. Insurance companies may pressure unrepresented victims into quick resolutions that fail to account for long-term medical and monetary consequences, leaving them with an unnecessary financial burden. Legal counsel is essential to protect your interests and hold reckless drivers accountable.
Why Choose D. Miller & Associates, PLLC for Your Houston DWI Accident Case?
A DWI crash is undeniably devastating. But you don’t have to face this experience alone. Our firm is built on a foundation of compassion and a fierce commitment to justice.
What Sets Us Apart:
- Award-Winning Advocacy
- National Trial Lawyers Top 100
- 10 Best Client Satisfaction Award — American Institute of Personal Injury Attorneys
- Small Business Community Association — Excellence Award
- Track Record of Results
- Over $650 Million recovered in verdicts and settlements
- 83 team members dedicated to injury victims
- Over 36,000 cases won
- Personalized Support
- We prioritize communication and keep clients informed at every stage of the process.
- No upfront legal fees. We work on a contingency basis, so there are no fees unless you win.
We understand that the aftermath of an injury can be overwhelming, filled with uncertainty and stress. We’re here to help you in this difficult time, no matter where you are; we‘re here for you.
Get Your Free Consultation Today
If you’ve been in a DWI accident, our Houston car accident attorneys are committed to earning your trust. No one fights harder for the financial recovery you deserve. We explain the law and what you can expect during your case. We also answer any questions you have and return phone calls and emails promptly. Let us start working for you today. Contact D. Miller & Associates, PLLC to schedule a free consultation today and take the first step toward justice.
