Austin is known for its vibrant nightlife, music festivals, and energetic social scene. However, with this active environment comes an increased risk of accidents involving impaired drivers. If you’ve been injured in a crash caused by someone driving under the influence, contacting a drunk driving accident lawyer in Austin can be an important first step in protecting your rights and securing fair compensation.
Understanding Liability in DUI Crashes
Unlike regular car accidents, DUI crashes often have clear liability. If the driver was arrested and charged with driving under the influence, it can strengthen your claim. However, remember that criminal charges and civil claims are separate processes. A criminal conviction punishes the offender, while your civil claim helps you recover damages for medical expenses, lost wages, pain and suffering, and other losses.
Why You Should File a Claim
Victims often hesitate to file a claim, thinking insurance will cover their losses. But in reality, insurance companies aim to minimize payouts. Filing a personal injury claim ensures you receive compensation that truly covers the financial, emotional, and physical impact of the accident. It also holds the drunk driver accountable for their reckless actions beyond just facing criminal penalties.
Steps to Take After a DUI Crash
First, seek medical attention immediately. Even if you feel fine, adrenaline can mask injuries, and delays in treatment may worsen your condition or weaken your claim.
Second, call the police. A police report documenting the driver’s intoxication, field sobriety tests, and arrest will be crucial evidence.
Third, gather evidence at the scene if possible. Take photos of your injuries, vehicle damage, the license plate of the at-fault driver, road conditions, and any visible signs of intoxication like open alcohol containers.
Fourth, avoid discussing fault with the other driver or their insurance company. Anything you say could be used to reduce your compensation. Let your attorney handle communication.
How Long Do You Have to File a Claim?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the crash. However, it’s best to act quickly. Evidence can be lost, memories fade, and witnesses may become unavailable. Consulting an attorney soon after the accident ensures your case is built with strong and timely evidence.
Potential Damages You Can Recover
If you were injured in a DUI crash, you may be entitled to:
- Medical Expenses: Hospital bills, surgeries, medication, rehabilitation, and future medical needs.
- Lost Income: Wages lost during recovery and any reduced earning capacity in the future.
- Pain and Suffering: Physical pain, emotional trauma, and reduced quality of life.
- Property Damage: Costs to repair or replace your vehicle and damaged belongings.
- Punitive Damages: In DUI cases, Texas courts may award punitive damages to punish the drunk driver for their reckless and dangerous conduct.
Can You Sue a Bar or Restaurant?
Under Texas dram shop laws, you may be able to hold a bar or restaurant liable if they served alcohol to the driver when they were obviously intoxicated. Proving such claims can be complex, but they provide another avenue to recover damages if the driver’s insurance is insufficient to cover your losses.
Why Legal Representation Matters
DUI accident claims are often more complex than typical car accident cases. You’re dealing with criminal proceedings, insurance negotiations, and sometimes third-party liability. An experienced attorney will handle evidence gathering, negotiations, and filing deadlines, and represent you in court if needed.
Insurance companies often try to settle quickly for the lowest possible amount. Without legal guidance, you may not realize the full value of your claim or the long-term impact of your injuries.
Final Thoughts
No one expects to be injured by a drunk driver, but knowing your rights can make the aftermath less overwhelming. Seek medical care, preserve evidence, and consult a trusted attorney to guide you through the process. Remember, filing a claim is not about revenge—it’s about ensuring your life can get back on track with the financial security you deserve.
