What to Do if Hit by a Drunk Driver in Houston, TX

If you were hit by a drunk driver in Houston, call 911 immediately and report suspected intoxication so police can investigate. Move to safety, check for injuries, and seek medical care promptly. Document signs of impairment, vehicle damage, and visible injuries. Avoid admitting fault or giving recorded insurance statements. Obtain the police report number and preserve all evidence.

Being hit by a drunk driver in Houston can leave you shaken, injured, and unsure what to do next. The crash may feel especially overwhelming knowing it was completely preventable. You may be dealing with emergency medical care, vehicle damage, and the emotional shock of learning the other driver was intoxicated. Medical bills and lost income can begin piling up quickly. At the same time, insurance companies may contact you before you fully understand your injuries or legal rights. Acting quickly and carefully is critical.

Drunk driving accidents often involve both criminal and civil consequences, which can complicate your case. The intoxicated driver may face arrest, but that does not automatically guarantee you full financial recovery. Evidence such as blood alcohol results, police reports, and witness statements must be preserved. Insurance companies may still attempt to minimize your injuries or dispute damages. Without proper documentation and legal strategy, you risk settling for far less than you deserve.

In this article, you will discover the immediate steps to take after being hit by a drunk driver in Houston, how criminal charges affect your injury claim, what compensation you may recover, and how a drunk driving accident attorney can help you protect your rights and pursue full compensation.

What to Do if You’re Hit by a Drunk Driver in Houston: Step-by-Step

If you’ve been hit by a drunk driver in Houston, your actions in the first few minutes can protect both your health and your legal rights. The shock of being in an accident can make it hard to think clearly, but following these steps will help you build a strong case later.

Call 911 and Request Police and EMS

Your first call should be to 911. Tell the dispatcher you’ve been in a car accident and that you suspect the other driver is intoxicated.

This detail is crucial because it alerts the responding officers to look for signs of impairment. The police will conduct field sobriety tests and document any evidence of intoxication in their official report.

Move to Safety and Check for Injuries

If your car can still move, pull it to the side of the road to avoid being hit again. Turn on your hazard lights to warn other drivers.

Check yourself and your passengers for injuries right away. Even if you feel fine, adrenaline can mask pain from injuries like whiplash or concussions that won’t show up until later.

Document the Scene and the Driver’s Intoxication

While waiting for the police, use your phone to gather evidence of the other driver’s intoxication:

• Smell of alcohol: Note if you smell alcohol on their breath, clothes, or coming from their car.
• Physical signs: Look for bloodshot eyes, stumbling, or trouble standing up straight.
• Behavior problems: Listen for slurred speech, confusion, or aggressive behavior.
• Open containers: Take photos of any beer cans or liquor bottles visible in the vehicle.

This evidence will be vital for proving the driver was drunk when they hit you.

Avoid Statements to Insurance Companies at the Scene

You only need to give the other driver your name, address, and insurance information. Don’t say you’re sorry or admit fault for the accident.

Never give recorded statements to the other driver’s insurance company at the scene. They can twist your words to deny your claim later.

First 48 Hours After a Houston DWI Crash

The first 48 hours after a drunk driving accident in Houston are crucial for protecting your health and preserving evidence. Many common auto accident injuries don’t show symptoms right away, so seeing a doctor creates an important medical record.

Get the police report number from the officers before leaving the scene. Contact your own insurance company to report the accident, but stick to basic facts only.

Save any physical evidence, like torn clothing, or take photos of bruises that develop. This documentation helps prove the severity of your injuries.

What Evidence Proves the Driver Was Drunk?

In Texas, a driver is legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. They can also be intoxicated if alcohol or drugs prevent them from having normal use of their mental or physical abilities.

Several types of evidence can prove the other driver was drunk when they hit you.

Police Reports and BAC Results

The police report contains the officer’s observations of the driver’s behavior and the results of field sobriety tests. In Houston, police typically conduct standardized tests like walking in a straight line or standing on one foot.

The report will also include BAC results from breathalyzer or blood tests. These scientific measurements provide strong proof of intoxication.

Photos, Video, and Witness Statements

The evidence you collect at the scene is also important. Photos of the driver’s behavior, witness accounts of erratic driving before the crash, and receipts from bars or restaurants can all help prove intoxication.

Independent witnesses who saw the accident often provide the most credible testimony about what happened.

Body Cam, Dash Cam, and Surveillance Video

Video evidence is often the strongest proof of intoxication. Police body cameras and patrol car dash cams capture the entire interaction with the drunk driver.

Security cameras from nearby businesses may have recorded the crash or the driver’s behavior before police arrived. This footage can be deleted quickly, so it’s important to act fast to preserve it.

Who Pays After Drunk Driving Accidents in Houston?

After being hit by a drunk driver in Houston, you may have several sources of compensation for your injuries and losses. The drunk driver is responsible, but other parties might also owe you money.

Claims Against the Driver and Their Insurance

The drunk driver’s auto insurance is the primary source of payment for your damages. You’ll file a claim with their insurance company to cover your medical bills, lost wages, and other expenses.

However, if your injuries are severe, the driver’s policy limits might not cover all your costs. Many drivers only carry the minimum required insurance, which may not be enough.

Dram Shop Claims Against Bars and Restaurants

Texas has a dram shop law that holds bars and restaurants responsible when they serve alcohol to someone who is obviously intoxicated. If a business served the drunk driver when they knew the person was too drunk to drive safely, you can sue that establishment.

You’ll need to prove that the business served alcohol to someone who was visibly intoxicated and that this contributed to your accident. Evidence such as receipts, surveillance footage, and witness testimony from bar staff can help prove your case.

Use Your Own UM/UIM Coverage for Uninsured Drivers

If the drunk driver has no insurance or flees the scene, your own Uninsured/Underinsured Motorist (UM/UIM) coverage can help. This coverage is designed to protect you when the at-fault driver can’t pay for your damages.

UM/UIM coverage pays for medical bills, lost wages, and pain and suffering, just like the other driver’s insurance would.

What Damages Can You Recover in Texas DWI Injury Cases?

Texas law allows drunk driving accident victims to recover both economic and non-economic damages. Because drunk driving is considered gross negligence, you may also be able to get punitive damages to punish the driver.

Medical Bills and Future Care

You can recover compensation for all medical treatment related to your injuries:

• Emergency room visits: Ambulance rides, initial treatment, and diagnostic tests.
• Ongoing treatment: Doctor visits, physical therapy, and prescription medications.
• Future medical care: Anticipated surgeries, long-term therapy, and medical equipment.

Keep all medical records and bills to document these expenses.

Lost Income and Earning Capacity

If your injuries prevent you from working, you can recover the wages you’ve lost. This includes sick days, vacation time, and any unpaid time off.

If your injuries permanently affect your ability to work or advance in your career, you can also seek compensation for diminished future earning capacity.

Pain, Suffering, and Mental Anguish

These non-economic damages compensate you for the physical pain and emotional trauma caused by the accident. This includes anxiety, depression, PTSD, and the overall reduction in your quality of life.

Texas law recognizes that some injuries can’t be measured in dollars, but victims still deserve compensation for their suffering.

Punitive Damages in Gross Negligence Cases

Drunk driving is considered gross negligence under Texas law, which means you can often pursue punitive damages. These damages aren’t meant to compensate you for losses but to punish the drunk driver and deter others from similar behavior.

Punitive damages can significantly increase the total value of your case.

How the Criminal Case Affects Your Civil Claim

The criminal DWI case and your civil injury claim are two separate legal proceedings. They have different goals and operate independently, though they can affect each other.

Why the District Attorney Is Not Your Lawyer

The District Attorney (DA) represents the State of Texas in the criminal case, not you personally. The prosecutor’s job is to convict the drunk driver and impose criminal penalties, such as jail time and fines.

The DA is not responsible for getting you compensation for your medical bills or suffering. You need your own attorney for that.

Restitution Versus Civil Damages

A criminal court may order the drunk driver to pay you restitution, but this amount is usually limited to out-of-pocket expenses like medical bills. Restitution doesn’t cover pain and suffering or future damages.

A civil claim allows you to recover the full range of damages, including compensation for pain and suffering that criminal restitution doesn’t cover.

You Don’t Need to Wait for the Criminal Case

You can start your civil injury claim immediately without waiting for the criminal case to finish. In fact, it’s often better to begin right away to preserve evidence and meet legal deadlines.

The criminal case can actually help your civil claim by providing evidence of the driver’s guilt.

What Deadlines Apply in Houston DWI Injury Claims?

Texas law imposes strict deadlines that can forever bar your right to compensation if missed. Understanding these time limits is crucial for protecting your legal rights.

Two-Year Statute of Limitations

In Texas, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you lose your right to seek compensation forever.

This deadline applies even if the criminal case is still ongoing or if you’re still receiving medical treatment.

Six-Month Notice for Government Claims

If the drunk driver were a government employee driving a government vehicle, you would have much shorter deadlines. You may need to file a notice of claim within six months of the accident.

Government claims have special rules and procedures that differ from those in regular car accident cases.

Preservation Letters Protect Evidence

Important evidence, such as surveillance video from bars or dashcam footage, is often deleted quickly. Sending preservation letters immediately requires businesses and individuals to save this evidence for their case. Without these letters, crucial evidence may be lost forever.

What Mistakes Reduce the Value of Your Claim?

Insurance companies look for any reason to deny or reduce your claim. Avoiding these common mistakes helps protect the full value of your case.

Common mistakes that hurt your claim include:

• Waiting to get medical care: Insurance companies argue you weren’t really hurt if you delay treatment.
• Giving recorded statements: Your words can be twisted and used against you later.
• Posting on social media: Photos and comments become evidence that can contradict your injury claims.

Delayed Medical Care Hurts Your Case

If you don’t see a doctor right away, insurance companies will argue your injuries weren’t caused by the accident. They claim that if you were really hurt, you would have sought immediate medical attention.

Even if you feel fine initially, adrenaline can mask serious injuries. Getting checked out by a doctor creates an important medical record linking your injuries to the crash.

Recorded Statements Can Be Used Against You

Insurance adjusters are trained to ask questions that can hurt your case. They might ask you to speculate about what happened or admit partial fault for the accident.

Never give a recorded statement without talking to an attorney first. You have the right to have legal representation during these conversations.

Social Media Posts Become Evidence

Insurance companies monitor social media accounts looking for evidence to deny claims. A photo of you smiling at a family gathering can be used to argue you’re not really suffering from depression or pain.

It’s best to avoid posting anything on social media until your case is resolved.

What to Do if the Drunk Driver Was Uninsured or Fled

Unfortunately, many drunk drivers either have no insurance or try to flee the scene after causing an accident. You still have options for getting compensation in these situations.

File a UM/UIM Claim with Your Own Insurance

Your Uninsured/Underinsured Motorist coverage steps in when the at-fault driver can’t pay. This coverage is part of your own auto insurance policy and works just like the other driver’s insurance would.

You’ll file a claim with your own insurance company, but remember, they still want to pay as little as possible.

Hit-and-Run Investigations Can Find the Driver

Houston police work to identify hit-and-run drivers using traffic cameras, witness accounts, and vehicle debris left at the scene. Even if the driver initially escapes, they can often be found later.

If the driver is caught, you can still pursue a claim against their insurance or through your own UM coverage.

Can a Bar or Social Host Be Liable in Houston?

Texas law allows you to hold third parties responsible when they contribute to drunk driving accidents. This includes businesses that serve alcohol and individuals who provide alcohol to others.

Prove Obvious Intoxication Under the Dram Shop Act

To win a dram shop claim, you must prove the establishment served alcohol to someone who was obviously intoxicated. This means the person’s intoxication was apparent to a reasonable person.

Evidence that helps prove obvious intoxication includes:

• Surveillance video: Shows the person stumbling, falling, or acting erratically.
• Witness testimony: Bar staff or other customers who saw signs of intoxication.
• Receipts and records: Show how much alcohol was purchased and when.

Social Host Liability for Serving Minors

Adults who provide alcohol to minors can be held liable under social host liability if those minors cause accidents. This applies to parents who allow underage drinking at their homes or adults who buy alcohol for minors.

The penalties for social hosts can include both criminal charges and civil liability for any damages caused.

How DeHoyos Accident Attorneys Maximize Your Recovery

At DeHoyos Accident Attorneys, we take immediate action to build the strongest possible case for our Houston clients. Our experience with drunk driving cases helps us know exactly what evidence to gather and how to prove your claim.

Rapid Evidence Preservation and Investigation

We send preservation letters within 24 hours to protect crucial evidence before it’s destroyed. Our team immediately begins investigating the accident scene, interviewing witnesses, and gathering police reports.

We also work with accident reconstruction experts when necessary to prove exactly how the crash happened and who was at fault.

Working with Prosecutors and TABC

We coordinate with the District Attorney’s office to obtain evidence from the criminal case, including BAC test results and police testimony. We also investigate whether the Texas Alcoholic Beverage Commission is taking action against any bars involved.

This cooperation helps us gather evidence that might not be available in a civil case alone.

Trial-Ready Approach Gets Better Settlements

We prepare every case as if it’s going to trial from day one. This aggressive approach sends a clear message to insurance companies that we won’t accept lowball offers.

Insurance companies know we’re willing and able to take cases to court, which often leads to better settlement offers without the need for a trial.

Get Help from Experienced Houston Drunk Driving Lawyers

If you’ve been hit by a drunk driver in Houston, DeHoyos Accident Attorneys offers free consultations to evaluate your case. We work on a contingency basis, meaning you pay nothing unless we win your case.

Our Houston team has recovered millions for drunk driving accident victims throughout Texas. Don’t let insurance companies take advantage of you during this difficult time.

Contact us today for a free case review. We’ll explain your rights and help you understand all your options for getting the compensation you deserve.

Houston Drunk Driving Crash FAQs

Do I Have to Wait for the Criminal Case to Finish?

No, you should start your civil injury claim immediately. The criminal case and your personal injury claim are separate legal proceedings with different goals and timelines.

Will the Insurance Company Pay if the Driver Goes to Jail?

Yes, the drunk driver’s insurance coverage remains in effect regardless of whether they’re convicted or sent to jail. Criminal penalties don’t affect the insurance company’s obligation to pay valid claims.

Can I Get Punitive Damages After a DWI Crash?

Yes, drunk driving is considered gross negligence in Texas, which allows victims to pursue punitive damages. These damages punish the driver for their reckless behavior and can significantly increase your compensation.

What if I were a Passenger in the Drunk Driver’s Car?

As a passenger, you have the same rights to compensation as any other victim. You can file a claim against the drunk driver’s insurance even if you were riding with them when the accident happened.

How Long Do These Cases Take to Settle?

Settlement timelines vary depending on the severity of injuries and the complexity of the case; some are resolved in a few months, while others can take much longer. Cases with more serious injuries or disputed liability may take longer to resolve.

Will My Health Insurance Be Repaid from My Settlement?

Yes, your health insurance company likely has a right to reimbursement for medical bills it paid through a process called subrogation. Your attorney can often negotiate to reduce this amount.

Can I Sue the Driver’s Employer?

If the drunk driver was working when the accident happened, their employer may be liable under vicarious liability laws. This applies even if the employer didn’t know the employee was drinking.

What Does It Cost to Hire DeHoyos Accident Attorneys?

We handle all drunk driving cases on a contingency basis, so there are no upfront costs. You only pay attorney fees if we successfully recover money for your case, and the consultation is completely free.