Drunk Driver Auto Injury Attorney Discusses Accidents and Claims

Every day, millions of people across Texas get behind the wheel. No one expects that they will fall victim to an accident. Unfortunately, everyday lives are shattered when drunk drivers make the reckless decision to drive while impaired.

Drunk driving accidents remain one of the leading causes of preventable traffic deaths and serious injuries in the United States. Despite public awareness campaigns and increasingly strict laws, impaired drivers continue to cause devastating crashes. These crashes leave victims facing life-changing injuries, emotional trauma, and overwhelming financial burdens.

At Kherkher Garcia, we represent victims and families affected by catastrophic motor vehicle accidents, including crashes involving drunk, impaired, and reckless drivers. Our team of auto accident attorneys understands the devastating consequences these preventable incidents can have on victims and their loved ones.

If you or someone you love has been injured in a drunk driving accident, understanding your legal rights is an important step toward protecting your future.

Why Drunk Driving Remains a Serious Problem

Driving under the influence of alcohol or drugs significantly impairs a person’s ability to safely operate a vehicle. Even small or moderate amounts of alcohol can affect:

• Reaction time
• Judgment
• Coordination
• Vision
• Decision-making abilities
• Concentration

As impairment increases, these effects worsen. So does the risk of causing a serious collision. Drunk drivers frequently:

• Run red lights
• Drift across lanes
• Drive the wrong way
• Speed excessively
• Fail to brake in time
• Ignore traffic signs
• Fall asleep behind the wheel

These behaviors place everyone on the road at risk.

Common Types of Drunk Driving Accidents

Impaired driving contributes to nearly every type of auto accident. According to the Texas Department of Transportation, over 37% of fatal auto accidents in Texas between 2014 and 2023 involved impaired drivers. Some of the more common types of accident include:

Head-On Collisions

Head-on crashes occur when intoxicated drivers drift into oncoming traffic or travel in oncoming traffic lanes. These accidents frequently result in catastrophic injuries and fatalities.

T-Bone Accidents

Drunk drivers may be unable to judge distance or see signs. They often fail to stop at intersections, causing severe side-impact (t-bone) collisions. Most vehicles have less protection from the side than from the front or rear. As a result, t-bone crashes often cause serious injuries.

Rear-End Collisions

Delayed reaction times prevent impaired drivers from gauging distance or speed. They may not stop before striking another vehicle. Even seemingly minor rear-end collisions can cause serious injuries.

Pedestrian Accidents

Drunk drivers often do not see pedestrians crossing streets, walking near roadways, or standing in parking lots. These are among the most catastrophic or fatal accidents.

Motorcycle Accidents

Motorcyclists are particularly vulnerable to serious injuries or fatalities. A single mistake by a drunk driver can have devastating consequences for a rider.

Injuries Commonly Caused by Drunk Driving Crashes

Victims of drunk driving accidents frequently suffer injuries that require extensive or long-term medical treatment and rehabilitation. Common injuries include:

Traumatic Brain Injuries

Head injuries are common in auto accidents even when victims are wearing seatbelts and airbags deploy properly. Traumatic brain injuries (TBIs) are the most severe, and may lead to:

• Memory loss
• Cognitive impairment
• Personality changes
• Long-term disability

Spinal Cord Injuries

Damage to the spinal cord is also very common in accidents, and can result in:

• Partial paralysis
• Complete paralysis
• Chronic pain
• Loss of mobility

Broken Bones and Orthopedic Injuries

The human body is susceptible to bone, tendon, ligament, and muscle injuries in high-impact collisions. Some of the common injuries include:

• Fractures
• Joint injuries
• Crush injuries
• Complex orthopedic trauma

Internal Injuries

Internal bleeding and organ damage can occur with relatively few symptoms. These injuries are not always apparent immediately following a crash. That’s why prompt medical evaluation is critical.

Burn Injuries

Vehicle fires, explosions, and hot mechanical parts can cause devastating burn injuries requiring long-term treatment, skin grafts, surgeries and long-term care.

Wrongful Death

Tragically, many drunk driving crashes result in fatalities. Families often struggle to process their grieving while facing financial uncertainty and unanswered questions.

Who Can Be Held Responsible for Drunk Driving Injuries?

Many people believe that only the impaired driver is responsible for causing a drunk driving crash. While the driver typically does hold significant liability, other parties may also share responsibility. Depending on the circumstances, potentially liable parties may include:

• The intoxicated driver
• Vehicle owners who knowingly entrusted a vehicle to an intoxicated person
• Bars, restaurants, or establishments that over served alcohol
• Employers of impaired commercial drivers
• Other negligent third parties

Identifying all responsible parties is a critical part of pursuing justice and maximizing recovery for victims.

Understanding Dram Shop Liability

Texas law may allow certain claims against establishments that over serve alcohol to visibly intoxicated individuals. These claims are commonly referred to as Dram Shop claims.

If an establishment serves alcohol to a person who is obviously, the establishment may potentially be held responsible if that individual later causes injuries. Some claims hinge on whether the intoxicated person presented a clear danger to themselves or others. These cases are complex and often require extensive investigation.

What Compensation May Be Available?

Every case is unique, but victims of drunk driving accidents may be able to pursue compensation for:

• Medical Expenses: This may include emergency treatment, hospital stays, surgeries. Rehabilitation, physical therapy, and future medical care.
• Lost Income: Serious injuries may prevent victims from returning to work temporarily or permanently. Compensation may be available for actual lost wages, as well as diminished earning capacity.
• Pain and Suffering: Many auto accident victims experience significant physical pain and emotional distress following a crash.
• Property Damage: Vehicle repair and replacement costs can be substantial after an accident. Victims may be able to pursue claims for certain property damages.
• Wrongful Death Damages: Families who lose loved ones in drunk driving accidents may be able to pursue compensation for funeral expenses, loss of financial support, mental anguish, and loss of companionship.

What to Do After a Drunk Driving Accident

The actions taken immediately after an accident can significantly impact a future claim. Some recommended steps to take after an accident include (when safe and possible):

• Seek Medical Attention: Your health and safety should always be the first priority. Some injuries may not become apparent until hours or days later.
• Call Law Enforcement: Police reports provide important evidence regarding intoxication and fault. Having law enforcement at the scene can also de-escalate emotionally tense situations.
• Preserve Evidence: If safe to do so, try to photograph the scene and gather witness information.
• Avoid Speaking With Insurance Adjusters Alone: Insurance companies often begin investigating immediately after a crash. They often try to elicit admissions or statements. Victims should be cautious before speaking with an attorney.
• Consult an Experienced Attorney: Early legal guidance helps preserve evidence and protect your rights.

How Kherkher Garcia Helps Drunk Driving Accident Victims

At Kherkher Garcia, we understand that drunk driving accidents are more than legal cases. They are life-changing events that shake victims, families, and communities. Our attorneys help by:

• Conducting thorough investigations
• Preserving critical evidence
• Identifying all potentially liable parties
• Working with accident reconstruction experts
• Pursuing maximum compensation under the law

Our team has extensive experience handling catastrophic injury and wrongful death cases involving serious negligence. We are committed to helping clients pursue accountability and justice.

Get Help From an Experienced Drunk Driver Auto Injury Attorney

If you or a loved one has been injured in a drunk driving accident, Kherkher Garcia is here to help. We understand the physical, emotional, and financial challenges victims and families face after a serious accident. We are committed to helping families pursue accountability, justice, and compensation.

Contact Kherkher Garcia today for a free and confidential consultation. We will listen to your story, discuss your legal rights, explain your options, and help you understand the next steps toward recovery. Start now by calling 713-333-1030. Want to reach out to us online? Submit our website contact form.

Frequently Asked Questions

Can I hire a drunk driver auto injury attorney if the driver was arrested?

Yes. A criminal case and a civil injury claim are separate matters.

Can I sue a bar or restaurant that served the driver?

Potentially. An attorney can help you determine if a Dram Shop claim is applicable.

What if I was partially at fault for the accident?

You may still be able to pursue compensation under Texas’ comparative fault rules. An attorney can assess your case and determine if these rules apply to your situation.

How long do I have to file a claim?

Deadlines vary by state and circumstances. In Texas, most personal injury claims must be filed within two years of the date of the injury.

What if a family member died in a drunk driving crash?

Surviving family members may have the right to file a wrongful death claim.