Were You Or A Loved One Injured In DUI/DWI Accident?
Let Godsey Martin, PC – Your Texas trusted & Texas tested DUI/DWI Accident Law Firm help you get the compensation and justice you and your family deserve.
What You Need To Know About DUI/DWIs In Texas
In the state of Texas, drivers involved in accidents while under the influence of alcohol or drugs usually face criminal charges that can result in fines and incarceration. However, these criminal charges fail to provide compensation for the victims of those accidents. To recover for losses and injuries, victims of DUI/DWIs can file a personal injury claim against the driver. Unfortunately, the process of filing a personal injury claim against an intoxicated or impaired driver is a complicated one. That’s why it’s imperative that you contact an experienced DUI/DWI accident attorney that will walk you through the process while advocating for your rights and just compensation.
What Is DUI/DWI?
Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense in Texas. It involves an individual driving under one of these three conditions:
- Driving with any amount of alcohol in one’s system, which causes their physical abilities to be impaired in any way.
- Driving with a blood alcohol content level of 0.08 or more.
- Driving with drugs in their system or with a combination of drugs and alcohol, no matter what the amount of those substances may be, where their physical abilities have become impaired in any way.
- Did you know? In Texas, most fatal car accidents occur among intoxicated or impaired drivers between the ages of 21 and 25.
What Is The Difference Between A DUI And DWI?
While “DWI” is the legal definition of this crime in the state of Texas, “DUI” is commonly used interchangeably. However, there is a clear distinction between the two terms.
Due to Texas’ “zero tolerance” policy for underage drunk driving, only minors under the age of 21 are charged with DUIs. To be charged, a minor need only be driving with any amount of alcohol in their system.
A person 21 years of age or older can be charged with a DWI if they operate a vehicle while legally intoxicated. A person is considered legally intoxicated in Texas when their blood alcohol concentration (BAC) reaches 0.08%, or they are impaired by drugs.
Did you know? In Texas, it is illegal to carry an open container of alcohol in your vehicle, even if you’re not drunk.
How Can I Hold The Drunk Driver Who Injured Me Accountable?
In order to hold the drunk driver accountable for your injuries and losses, including medical bills, vehicle and property damage, and lost income, you will need to file a civil lawsuit against the driver. A civil lawsuit will require that you prove that the drunk driver is responsible for your injuries. Your attorney will need to prove the following elements are true:
- The other driver owed you a duty of safe travel as you shared the road.
- The driver breached their duty by an act of negligence (e.g., drunk driving).
- The driver’s negligent act caused injury to you in the form of a car accident.
- The injuries caused you to suffer specific, quantifiable damages.
If you or a loved one were injured in an accident involving an intoxicated or impaired driver, contact us today to discuss your case.
Can Someone Other Than The Driver Be Held Liable For My Injuries?
Yes, under Texas’ Dram Shop Liability law, a vendor of alcohol may be liable for the damage caused by an intoxicated person served by the vendor.
To hold a bar, lounge, restaurant, or another place that serves alcohol liable for your DUI/DWI accident, the vendor or vendor’s employee must have done one of the following:
- Sold alcohol to an individual who was visibly intoxicated
- Sold alcohol to a minor who went on to cause a drunk driving accident
Parents and guardians over the age of 21 may also be liable for damages caused by intoxication of a minor under 21 if the adult knowingly provided alcoholic beverages to the minor, or knowingly allowed the minor to be served or provided alcoholic beverages on the premises owned or leased by the adult.
What Steps Should I Take Immediately After Being Involved In A DUI/DWI Accident?
Being involved in a car accident is an already traumatic experience. Add in the chaos of a drunk driver and you may be at a loss as to what your next steps are. If you suspect you’ve been involved in a car accident with a drunk driver, or a driver under the influence of something, the following steps can help you to ensure your safety, preserve evidence and enhance your potential injury claim:
- Assess the safety of the situation.
- Seek emergency assistance and call the police.
- Take photos and videos of the accident and the driver.
- Gather contact information from all witnesses.
- Retain relevant documentation such as medical records.
- Call an experienced and dedicated attorney
- Cooperate with law enforcement and justice officials.
How Can We Help You?
We understand that each case is unique, and the process of filing a DUI/DWI personal injury claim is a complicated one. With our extensive knowledge of Texas personal injury law, Godsey Martin, PC will assist you with every aspect of your DUI/DWI case, including:
- Understanding your legal rights and options
- Filing your claim with insurance and/or the court
- Obtaining necessary evidence for the case such as photographs of the accident, witness statements, and/or medical records
- Referring you to qualified medical professionals
- Negotiating settlements with insurance companies and their lawyers
- Getting compensation for medical expenses, pain & suffering, and lost wages
There is no upfront cost with us. All of our personal injury claims and cases, including DUI/ DWI cases, are taken on a contingency fee basis. We don’t get paid unless you get paid!
What Our Clients Say
“Today I spoke with Amanda Collins and she was just wonderful. She was very attentive and understanding. She was patient and kind, she answered all of our questions clearly and respectfully. Thank you so much Amanda! Making a difficult situation seem so easy.”
“Amanda Bell has been great. She’s been very diligent with checking in and keeping me up to date with what’s going on with my case. I never have to worry myself with calling her to get info because she’s on top of it and always informs me promptly.”
“I want to take the time out to have Mr. Garza and Ms. Mendoza recognized for their extensive professionalism and also for their continued dedication to see me through my case! I was being given the run around and they fixed that quickly! Thanks for being a listening ear Mr. Garza and for always leaving a line open for me to reach you with my concerns!”
“I called Godsey Martin right after my daughter and I were hit by a drunk driver on the highway. They were very helpful in getting us set up with the medical care we needed and getting us a fair settlement through the drivers insurance. Priscilla Nowlin was my point of contact and kept me up to date with every step of the process. She responded quickly and was very professional. I am very grateful for her and for the Godsey Martin team!”
“Priscilla Nowlin was a great help and very responsive. The process was painless and my settlement exceeded my expectations. Priscilla was very professional and when I notified her of a death in my family she very understanding, she let me know they would continue to work on my behalf and to just focus on my family. Thank you Godsey Martin for having such a great staff who just don’t see you as a client but a human being which is often lost with some law firms.”