Drunk driving accidents in Texas are a serious problem. According to the Texas Department of Transportation (TxDOT), in 2024, over 1,050 people died in crashes involving alcohol, and many more suffered severe injuries. These accidents are devastating, not just physically but emotionally and financially. If you or a loved one has been injured by a drunk driver, you may be facing mounting medical bills, lost wages, and emotional stress.
The reality is that insurance companies are not looking out for your best interests. These companies prioritize their profits over ensuring claimants receive the compensation they deserve. However, with the right strategy, you can seek the maximum compensation. At The Law Office of Luis A. Perez, PC, we help Texans navigate this process, handle insurance tactics, and recover what they are legally owed.
Understanding Drunk Driving Accidents in Texas
Drunk driving accidents can happen in an instant. Alcohol affects judgment, slows down reaction times, and increases the likelihood of collisions.
In Texas, approximately 25.4% of the people killed in motor vehicle accidents are killed by drunk drivers. When a drunk driving accident doesn’t result in death, it is highly likely to lead to serious injuries. Some of the common drunk driving accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures
- Internal injuries
Insurance Companies Don’t Have Your Best Interests in Mind
Insurance adjusters are trained to protect their insurance company’s bottom line. The adjuster might try to pressure you into accepting a quick settlement, which may not reflect the actual value of your claim.
Often, insurance companies reach out to accident victims soon after the accident, before they have had a chance to understand the full extent of their injuries. While a quick offer might sound tempting, it rarely covers, among others, the following;
- Future medical expenses
- Lost earning capacity
- Pain and suffering
At Luis A. Perez, PC, we often see victims accept lowball offers because they are unaware of what they can claim. Don’t let an insurance adjuster convince you that your case is worth less than it truly is.
Steps To Take To Maximize Your Compensation
After a drunk driving accident, taking the right steps immediately can make a massive difference in the outcome of your claim.
- Seek Prompt Medical Attention
Even if you feel alright, it is essential to get checked out. Some injuries, such as internal bleeding or concussions, might not present symptoms immediately. Medical documentation will also act as vital proof for your claim.
- Keep Detailed Records
Gather and maintain information about the accident and your injuries. This includes;
- The police report (which most likely confirms that the other driver was intoxicated)
- Photographs of injuries and the accident scene
- Receipts and bills for medical care
- Your doctor’s notes
- Other medical records, such as test results
- Records of lost wages from missing work
Having a detailed record ensures you can prove negligence, demonstrate a link between your injuries and the accident, and substantiate your damages, thus increasing your chances of a fair settlement.
- Limit Communication With the Insurance Company
Insurance adjusters may attempt to convince you to give a recorded statement or accept partial blame. Always seek legal advice before engaging an adjuster. Keep in mind, anything you say could be used against you.
- Calculate the True Value of Your Claim
Many victims are unaware of the full value of a drunk driving claim. Apart from immediate medical expenses, you may be entitled to compensation for:
- Future medical treatments and rehabilitation
- Ongoing therapy or specialized care
- Loss of income or diminished earning capacity
- Emotional distress and trauma
Work With an Experienced Attorney
One of the most critical steps after a drunk driving accident is hiring an attorney. Insurance companies will have teams of adjusters and lawyers, and you need skilled representation to level the playing field. Having an attorney ensures that you are not alone in dealing with insurance tactics and that your rights are protected throughout the claims process.
Mistakes to Avoid
Even minor errors can significantly affect your compensation. Here are some common mistakes to avoid:
- Accepting the First Settlement Offer: Insurance companies often present quick offers that are far below what you are entitled to. The first offer rarely accounts for all your damages.
- Downplaying Your Injuries: Saying things like “I’m okay” or “It’s not serious” can lead to reduced settlement offers.
- Providing Excessive Medical History: You are not obligated to provide your entire medical history. Only share relevant information about injuries caused by the accident.
- Admitting Fault or Speculating About the Accident: Never admit liability or guess what happened. Even innocent statements can be twisted against you.
By avoiding these mistakes, you protect your right to pursue maximum compensation.
How Texas Law Can Affect Your Claim
Texas follows comparative negligence rules, meaning if you are partially at fault for your accident, your compensation can be reduced proportionally. However, in most drunk driving accidents, the intoxicated driver is clearly at fault, which strengthens your claim.
Additionally, Texas law allows for punitive damages in cases of extreme recklessness. Punitive damages are meant to punish the drunk driver and deter similar behavior, on top of compensatory damages for your injuries, medical costs, lost income, and emotional distress. An award of punitive damages can significantly increase the value of your claim.
Ready to Pursue Maximum Compensation?
At The Law Office of Luis A. Perez, PC, we know the challenges victims of drunk driving accidents face, and we are dedicated to helping Texans recover the full compensation they deserve.
You don’t have to navigate the insurance process alone. We can:
- Investigate your accident thoroughly
- Handle negotiations with insurance companies
- Ensure all damages, including future medical expenses and lost wages, are accounted for
- Represent you in court if a fair settlement cannot be reached
If you or a loved one has been injured in a drunk driving accident in Texas, contact us today to schedule a consultation. Let our motor vehicle accident attorney fight for your rights while you focus on healing. Together, we can pursue justice and ensure you receive the compensation you are legally entitled to.