Hit By a Drunk Driver in San Antonio?
Our drunk driving accident lawyers fight for injury victims in Texas
Drunk drivers in San Antonio and other parts of Texas often cause serious car accidents. Worst of all, these collisions could have easily been prevented. The dangers of drunk driving have been well documented for decades. So when drivers choose to drive drunk, they deserve to be held responsible for their actions.
Each year in the United States, alcohol‑impaired driving is involved in roughly one‑third of all traffic fatalities. If you have been hit by a drunk driver, our San Antonio drunk driving accident attorneys at The Herrera Law Firm can aggressively fight for your rights. We know the laws that apply to driving under the influence accidents in Texas. We understand how the legal system works with these types of car accidents. That’s why we have such a strong track record of success.
When you have our legal team on your side, you can decide what happens next. Instead of insurance companies or anyone else telling you what to do, our lawyers can work with you to build a strong injury claim or lawsuit against the drunk driver who caused your car crash.
Types of accidents caused by drunk drivers
Drunk driving is a serious problem in Texas. Each year, impaired drivers kill nearly 1,500 people in Texas, according to accident data collected by the National Highway Traffic Safety Association (NHTSA).
Drivers under the influence of alcohol often cause a wide range of serious collisions, including:
- Head-on collisions, especially when drunk drivers veer into oncoming traffic on city streets or rural roads.
- Intersection accidents, especially if a drunk driver runs a red light or doesn’t stop at a stop sign.
- Rear-end collisions, whether it’s on a city street or busy highway at high speed.
- Asleep at the wheel accidents, particularly because many drunk drivers fall asleep while driving late at night.
- Reckless driving accidents, especially because drunk drivers often take unnecessary risks, including speeding, passing other vehicles illegally and other dangerous driving habits.
When do most drunk driving accidents happen in Texas?
Most drunk driving crashes in Texas cluster at night and on weekends, especially in the very late and early‑morning hours, between about 10 p.m. and 3 a.m. The single worst window is typically around 2 a.m. to 3 a.m. on Saturday and Sunday mornings.
Evenings are generally more dangerous than daytime because people are leaving bars, parties, and events, often after several hours of drinking. Friday and Saturday nights see the heaviest concentration of alcohol‑related fatalities, but impaired‑driving crashes still happen every day of the week. Holidays, big game days, and long weekends tend to layer on extra risk as more people celebrate and travel.
What are common injuries in San Antonio drunk driving accidents?
Common injuries in San Antonio drunk driving crashes include:
- Whiplash and neck injuries from sudden rear‑end drunk driving accidents
- Broken bones
- Traumatic brain injuries
- Spinal injuries
- Internal organ damage
- Serious soft‑tissue trauma
Many of these cases involve high speeds or head‑on collisions, which increase the risk of permanent disability or death. Drunk driving wrecks are also more likely to produce wrongful death claims in which families can seek damages for funeral costs, lost income, and loss of companionship. Settlements and verdicts in those cases often start in the high six figures and can be significantly higher depending on the facts.
What should I do if a drunk driver hits my car?
You need to act fast to protect your rights and your health after a collision caused by a drunk driver in San Antonio or another city in Texas:
- Call 911 immediately and ask the police to respond to your accident. Drunk driving is a serious crime.
- If you or anyone else appears seriously injured, ask the 911 dispatcher to send an ambulance.
- Wait in your vehicle for the police to arrive. Drunk drivers can be dangerous and unpredictable.
- If you see someone who saw your accident, get their full name and phone number. That way, investigators can interview the eyewitness who saw your drunk driving accident.
- Take pictures of your crash site. The more photos, the better.
- Besides getting contact information, only talk to the investigating police officer. Don’t talk to the drunk driver or anyone else at the scene of your accident. Anything you say could later be used as evidence to try to deny your injury claim.
- If you have not already been examined by an EMT or emergency room doctor, seek immediate medical attention.
- Schedule a follow-up appointment with a doctor, even if you have already been examined by a medical professional. Many serious injuries take hours or days to develop after a collision.
- Call a lawyer right away. The sooner you have a drunk driving accident attorney handling your injury claim or lawsuit, the better.
Who’s responsible for paying for my accident?
Texas has an at-fault car insurance system. This means the at-fault party must pay for all accident-related expenses for all injury victims. So if you or a loved one was injured in a drunk driving accident, the drunk driver would likely be responsible for paying for your injury-related expenses.
However, collisions caused by impaired drivers can be very complicated and may involve more than one at-fault party. That’s why it’s critical that you talk to a lawyer familiar with how the legal system works in Texas in terms of drunk driving accidents.
Who can I sue for my drunk driving accident?
Drunk driving accidents are different than many other collisions in Texas. That’s because you may be able to file a lawsuit against more than one at-fault party seeking damages (financial compensation). Depending on the circumstances of your crash, you may be able to file a lawsuit against:
- The drunk driver who caused your accident (and their insurance company).
- The bar, restaurant or liquor store that sold alcohol to the drunk driver if the driver was already intoxicated when they purchased more alcohol. Such legal cases are known as “dram shop” claims.
- Any other responsible party, such as a vehicle manufacturer or another driver involved in the wreck.
Remember, you can sue the drunk driver for damages in civil court even if they aren’t convicted of DWI in criminal court. Your case for damages is distinct from any criminal charges brought by the State of Texas in connection with the same wreck.
Does car insurance cover drunk driving accidents in Texas?
In Texas, car insurance generally does cover collisions caused by a drunk driver, but how it applies depends on who was at fault and what coverage is in play. Texas is an at‑fault state, so if a drunk driver hits you, their liability insurance should pay for your injuries and property damage up to their policy limits.
If the drunk driver is uninsured or underinsured, your uninsured/underinsured motorist coverage and possibly PIP/MedPay on your own policy can help fill the gap. Our San Antonio drunk driving accident lawyers can explore all options for seeking compensation, whether it’s from the other driver’s insurance or your own.
How much is my drunk driving accident worth?
Drunk driving crashes tend to produce higher settlements because injuries tend to be serious and even life-threatening. Many drunk driving injury settlements fall between $80,000 and $300,000, with catastrophic cases and wrongful death claims reaching into the high six and seven figures. Our results include a car accident settlement of $1,202,300 and a dram shop policy limit settlement of over $1 million, along with multiple other serious-injury recoveries.
How long do I have to file a drunk driving accident claim in Texas?
In Texas, you generally have two years from the date of the crash or death to file a lawsuit, so it’s important to speak with a lawyer quickly after a serious or fatal drunk driving accident. Failure to file within that time period could bar you from recovering compensation, and insurance companies no longer have an incentive to settle. However, it’s best to act fast, as evidence can disappear quickly and witnesses can forget certain details.
How much does it cost to hire a San Antonio drunk driving accident lawyer?
The Herrera Law Firm knows that when you’re up against insurance companies, you’re at a disadvantage. That’s why we want you to have access to quality legal representation without paying out of your own pocket. We operate on a contingency fee basis, which means you pay nothing upfront and we only get paid if we win your case.
Why should I hire a San Antonio drunk driving accident attorney?
You might think you don’t need a lawyer if a drunk driver caused your car crash. Such collisions might seem very straightforward. But the reality is even seemingly simple accidents caused by impaired drivers often quickly turn into complicated legal cases. That’s because there’s often a lot of money at stake.
We understand the seriousness of your accident at The Herrera Law Firm. That’s why our San Antonio drunk driving accident lawyers want to help. When you have our legal team on your side, you can demand the money you deserve. We also realize your case is about more than just financial compensation. It’s about holding drunk drivers accountable for their actions.
Get the San Antonio law firm that gets results. Contact us and schedule a free consultation with a San Antonio drunk driving accident attorney you can count on in a crisis.
