If you are reading this, you or someone you love may have just gone through a crash involving a drunk driver. You may be scared, worried, or unsure about what to do next. You are not alone. We understand that this moment can feel confusing and hard to face. Right now, your focus should be on getting better, but it’s also important to know your rights and what steps you can take to protect yourself and your future. At our firm, we help people just like you who are hurt or shaken by drivers who made the terrible choice to drink and drive. This guide will walk you through what to do after the crash and how you can take steps to make things right.
What to Do Right After the Crash
The moments after a crash can be very scary. If you are able, the first thing you should do is make sure you and your passengers are safe. If someone is hurt, call 911 right away. Police and paramedics need to come to help. Let the police know if you think the other driver may be drunk. Signs can include slurred speech, stumbling, smelling like alcohol, or acting in a strange or reckless way.
Try to stay calm. If it is safe, take pictures of the cars, your injuries, and anything else around the scene. This includes damage, skid marks, and road signs. If there are witnesses, try to get their names and phone numbers. These details can be very helpful later when building your case.
When the police arrive, make sure they make a report. This report can be very important. It will say what happened, who was involved, and whether the officer believed the other driver was drunk. If the drunk driver is arrested, that will also be in the report.
Getting Medical Care is Very Important
Even if you feel okay, you should still see a doctor. Some injuries don’t show up right away. Head injuries, neck pain, or even broken bones can take time to show. A doctor can look for these problems and treat them before they get worse.
Seeing a doctor also helps with your case. When you go to court or talk with insurance companies, they will want to know how badly you were hurt. Medical records show proof that you were really injured and that it was because of the crash.
Follow your doctor’s instructions and keep all your visits. If you skip care, it might look like you were not hurt very badly. That can make it harder to get help paying your bills or getting money for your pain.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Why Drunk Driving Cases Are Different
A crash caused by a drunk driver is not the same as other car accidents. In these cases, the driver broke the law. Driving while drunk is a crime in Texas. That makes your case more serious. The person who hurt you made a choice that put others in danger. Because of that, the court may allow for extra damages, called punitive damages. These are meant to punish the drunk driver and send a message that this behavior is not okay.
Also, the drunk driver may face charges in criminal court. That’s separate from your personal injury case. But what happens in the criminal case can help your case. For example, if the driver is convicted of drunk driving, it can be used to show they were at fault.
How Insurance Works in These Accidents
Texas is a fault state. That means the person who caused the crash must pay for the damage. In drunk driving crashes, that usually means the drunk driver’s insurance company should pay for your car repairs, medical bills, lost wages, and more.
But sometimes, things are not so simple. The insurance company may try to blame you, say your injuries aren’t serious, or offer you less than what you need. That’s where things can get frustrating. Insurance companies want to pay as little as possible. They may act like they care, but their job is to save money. This is why it helps to have someone who knows how to stand up to them and push for what’s fair.
– Steve Hendrix
– Adriana Solis
– Luis Amador
– Maria Terrazas
What You Can Be Paid For After a Crash
You may be able to get money for more than just your medical bills. If you missed work because of your injuries, you may be able to get paid for those lost wages. If your injuries keep you from working in the future, that can be part of your case too.
You may also be paid for pain and suffering. This means the pain, fear, and stress you went through because of the crash. In drunk driving cases, the court might also award those extra punitive damages mentioned earlier, to punish the drunk driver for being so reckless.
Every case is different. What you can get depends on how bad the crash was, how serious your injuries are, and what kind of proof you have.
The Role of the Police and Courts
After a drunk driving crash, the police will investigate. If the driver is drunk, they may be arrested and charged with DWI, or driving while intoxicated. If they are found guilty, it helps show that they were to blame. But even if they are not found guilty, you can still file a claim for your injuries. The rules for proving guilt in court are different from what is needed in a personal injury case.
You do not have to wait for the criminal case to finish before starting your case. You can begin collecting proof and talking to a lawyer right away.
Time Limits for Taking Action
In Texas, you usually have two years from the date of the crash to file a case. This is called the statute of limitations. If you wait too long, you may not be allowed to get any money, no matter how bad the crash was or how wrong the other driver was.
There are some special rules that could make the time shorter or longer, but it’s best not to wait. The sooner you act, the better your chances of getting a strong result.
How to Make Your Case Stronger
The best way to protect your case is to keep good records. Save everything from the crash, like photos, medical bills, repair costs, and emails from the insurance company. Write down how the crash has affected your life. Maybe you can’t lift your kids, work, or sleep. These things matter. They show how serious your injuries are.
Don’t post about the crash or your injuries on social media. Insurance companies may look at your posts and try to use them against you. It’s better to be safe and private during this time.
Talking to the drunk driver’s insurance company on your own can be risky. They may try to get you to say something that hurts your case. You have the right to ask them to speak with your attorney instead.
Why Legal Help Matters in These Cases
Handling a drunk driving case can be very hard on your own. There’s paperwork, deadlines, and pressure from insurance companies. When you are already hurt and stressed, it can feel overwhelming. That’s why many people choose to have legal help.
When someone is hurt by a drunk driver, they deserve to be heard, and they deserve justice. You should not have to pay for someone else’s mistake. The right legal help can take the pressure off and give you the time to heal. It can also make sure the drunk driver is held fully responsible.
You may be worried about the cost. But many personal injury attorneys work on something called a contingency fee. That means you don’t pay anything unless your case is won. This helps people get the help they need without worrying about big bills.
You Don’t Have to Face This Alone
If you are hurt because someone chose to drink and drive, you deserve justice. You deserve peace of mind. The legal team at Chavez Law Firm knows how to fight for people like you. We understand your pain, and we know how to help you move forward.
Reach out today and talk with someone who can listen, guide you, and help you get what you need. Let us take care of the legal side so you can focus on getting better. We are here for you, and we are ready to help you win.