Fort Worth Drunk Driving Accident Lawyer

After being injured in a drunk driving accident, you may be facing physical pain, emotional trauma, and financial stress. If a drunk driver in Fort Worth has injured you or a loved one, Bailey & Galyen is here to help. You may be able to file a personal injury claim to recover compensation for your injuries and losses.

Our experienced Fort Worth drunk driving accident lawyers are committed to helping you recover the compensation you deserve. We serve clients throughout Texas, including Fort Worth, and are ready to stand by your side. Don’t battle the insurance company alone. Talk to a lawyer at Bailey & Galyen.

Schedule A Free Consultation Today!

Drunk Driving Accident Guide

• How Drunk Driving Accidents Are Different From Other Crashes
• Texas DUI and DWI Laws: What You Should Know
• How Criminal Charges Impact a Personal Injury Claim
• Injuries From a Drunk Driving Accident
• Compensation Available in a Drunk Driving Accident Claim
• How Texas Dram Shop Laws May Apply to Your Case
• How a Personal Injury Attorney Investigates a Drunk Driving Accident
• How a Drunk Driving Crash May Affect Insurance Claims
• How Long Do I Have to File a Personal Injury Claim in Texas?
• Why Choose Bailey & Galyen?
• Contact Bailey & Galyen Today

How Drunk Driving Accidents Are Different From Other Crashes

While all car accidents are serious, those caused by drunk drivers involve unique challenges. In a typical car accident, proving fault is a key part of a personal injury claim. In a drunk driving accident, the driver’s intoxication often establishes a clear fault. However, these cases can be more complex in other ways.

Drunk driving accidents may involve both criminal and civil cases. The driver who caused your crash might face criminal charges for driving under the influence (DUI) or driving while intoxicated (DWI). This can affect your personal injury claim. A drunk driving accident attorney will navigate these complexities, ensuring that the criminal charges do not delay or reduce your ability to recover damages.

Our team at Bailey & Galyen will thoroughly investigate the crash. This includes collecting evidence like police reports, breath test results, and witness statements. We will also examine any prior offenses the drunk driver may have. These details can help strengthen your case.

Texas DUI and DWI Laws: What You Should Know

In Texas, driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses. Both terms refer to driving while impaired by alcohol or drugs, but they apply in slightly different situations.

• DUI typically applies to drivers under the age of 21 who have any detectable amount of alcohol in their system.
• DWI applies to drivers over the age of 21 whose blood alcohol concentration (BAC) is 0.08% or higher.

Even if a driver’s BAC is below the legal limit, they may still be considered impaired and can face charges. In any case, if a driver is found guilty of DUI or DWI, it strengthens your civil claim for compensation. Our lawyers understand Texas law and will use these facts to build a strong case on your behalf.

How Criminal Charges Impact a Personal Injury Claim

If the drunk driver who injured you is charged with DUI or DWI, this can help your personal injury case. A criminal conviction can serve as strong evidence of the driver’s negligence.

However, even if the driver is not convicted, you can still pursue a civil claim. The burden of proof in a personal injury case is lower than in a criminal case, so you can recover damages even if the criminal case does not result in a conviction.

A personal injury lawyer will handle both sides of the situation. They will keep track of the criminal case while pushing forward with your claim. This ensures that your right to compensation is protected, regardless of what happens in the criminal court.

Compensation Available in a Drunk Driving Accident Claim

If you’ve been injured in a drunk driving accident, you deserve compensation for your losses. The types of compensation, or damages, that may be available include:

• Medical expenses: This includes hospital bills, surgeries, medication, physical therapy, and any future medical care related to the accident.
• Lost income: If your injuries prevent you from working, you can recover for lost wages and other income you’ve lost, as well as any future earning potential if you cannot return to work.
• Pain and suffering: These damages cover the physical pain and discomfort caused by your injuries.
• Emotional trauma: This compensates you for the emotional distress, anxiety, or PTSD resulting from the accident.

In Texas, damages can also include punitive damages. These punish the drunk driver for their reckless behavior.

How Texas Dram Shop Laws May Apply to Your Case

Texas dram shop laws allow victims to hold businesses, such as bars, restaurants, or liquor stores, accountable for serving alcohol to someone who was already clearly intoxicated. If the intoxicated person then causes an accident that injures someone, the establishment that served them may be held partially liable for the damages.

Under Texas law, businesses that sell or serve alcohol have a responsibility to ensure they are not putting the public at risk by serving alcohol to visibly intoxicated individuals. When a bartender or server continues to serve alcohol to someone who is noticeably drunk, and that person causes an accident, the business could be considered negligent.

There are two key conditions under Texas dram shop law that make an establishment liable for an accident:

• The individual was visibly intoxicated when they were served alcohol; and
• The intoxicated individual’s actions (such as driving drunk) directly caused the accident that led to injuries.

At Bailey & Galyen, we understand how to navigate the complexities of the drama shop law, and we will explore every possible option to help you recover the full compensation you deserve. By holding both the drunk driver and the establishment accountable, we aim to secure justice for our clients.

Social Host Liability

In some cases, social hosts—private individuals who serve alcohol at parties or gatherings—can also be held liable. Texas has specific social host liability rules that may apply if alcohol is served to a minor (someone under the age of 18) and that minor causes an accident. However, social hosts are generally not held liable for serving alcohol to adults who later cause an accident.

How a Personal Injury Attorney Investigates a Drunk Driving Accident

A thorough investigation is critical to a successful personal injury claim. In a drunk driving accident case, this process may involve several steps:

• Gathering police reports: These reports can provide vital details about the crash and the drunk driver’s behavior.
• Collecting evidence of intoxication: This may include Breathalyzer results, field sobriety test results, and any prior DUI or DWI convictions.
• Interviewing witnesses: Witnesses can provide important testimony about the driver’s condition before and after the car accident.
• Reviewing medical records: Your medical records will document the extent of your injuries and their connection to the crash.
• Consulting experts: Accident reconstruction experts and medical professionals may be needed to prove how the crash happened and the long-term impact of your injuries.

Our team at Bailey & Galyen has handled many drunk driving accident cases. We know what it takes to conduct a detailed investigation and gather evidence to prove liability.

How a Drunk Driving Crash May Affect Insurance Claims

If a drunk driver has injured you, you might assume the process of getting compensation would be straightforward. However, insurance companies often handle claims involving drunk drivers differently, and this can complicate your recovery.

It’s important that your lawyer understands how insurance companies operate in these situations. Having an experienced lawyer protects you from unfair tactics.

Insurance companies are businesses focused on minimizing payouts, and this holds true even in cases where their policyholder was clearly at fault, such as a drunk driving accident. Here’s how insurers might approach these types of claims:

• Trying to Settle Quickly for Less: Insurance companies know that accident victims are often dealing with medical bills, lost wages, and emotional stress. They might offer you a quick settlement that seems like a good amount but is far less than you deserve. This tactic is designed to close the claim before the full extent of your injuries or financial losses is known.
• Disputing the Extent of Injuries: Even when the other driver’s fault is clear, insurance companies may argue that your injuries aren’t as serious as you claim. They might use medical records, previous health conditions, or other information to try to reduce your compensation.
• Delaying the Claims Process: Sometimes insurers may intentionally delay the processing of your claim, hoping you’ll accept a lower offer just to get things moving. Delays can also wear down victims who are already overwhelmed with medical costs and recovery, making them more likely to accept a lower settlement.
• Bad-Faith Insurance Practices: In some cases, insurance companies may engage in bad-faith practices, such as denying valid claims without proper investigation or refusing to negotiate a fair settlement. Although these tactics are illegal, they still happen.

Victims are often unaware of these practices and how to counter them. Having a lawyer on your side to handle insurance company negotiations can make a significant difference.

Dealing With Uninsured or Underinsured Drivers

Unfortunately, not every drunk driver has sufficient insurance coverage. The law requires drivers to carry liability insurance in Texas, but some drivers are uninsured or underinsured. If you are hit by a drunk driver with little or no insurance, your own uninsured/underinsured motorist coverage can help cover the gap. However, even your own insurer may try to minimize your claim, so having legal representation is still important to ensure you receive fair compensation.

Comparative Negligence in Texas

In some cases, the insurance company might argue that you share some of the blame for the accident. This is known as comparative negligence. In Texas, if you are found to be partially at fault, your compensation may be reduced. Our attorneys will fight back against any claims that you are to blame. We understand how insurance companies work and will protect your right to full compensation.

How Long Do I Have to File a Personal Injury Claim in Texas?

In Texas, the statute of limitations for filing personal injury claims is generally two years from the date of the accident. This means you have two years to take legal action against the drunk driver or any other responsible parties. However, certain circumstances can affect this time limit, especially in drunk driving cases.

• Delayed Discovery of Injuries: In some cases, the full extent of your injuries may not be immediately apparent. If injuries are discovered later, the statute of limitations may begin from the date of discovery, though this is rare and subject to strict legal guidelines.
• Claims Involving a Minor: If the victim of the accident is a minor, the statute of limitations may be extended. Typically, the two-year limit begins once the minor turns 18.
• Claims Against a Government Entity: If a government entity, such as a city-owned vehicle, is involved, special rules apply. You may be required to give notice of your claim within six months of the accident, which is much shorter than the usual two-year window.

It’s important to act quickly to preserve your right to seek compensation. A lawyer at Bailey & Galyen will manage these deadlines and ensure you don’t miss any important filing requirements.

Why Choose Bailey & Galyen?

Bailey & Galyen is one of the largest consumer law firms in Texas. We have offices throughout the state, including in Fort Worth, to make it easy for you to access local, experienced legal help.

Our team understands Texas personal injury law and has a long history of representing victims of drunk driving accidents. We are committed to fighting for the maximum compensation available to you, whether through negotiation or litigation.

Contact Bailey & Galyen Today

If you or a loved one has been injured in a drunk driving accident in Fort Worth, you don’t have to face this alone. The Fort Worth personal injury lawyers at Bailey & Galyen are here to help. We offer compassionate, dedicated legal representation and will fight for the compensation you deserve.

Call our Fort Worth office on Summit Avenue at 817-438-2121 or contact us online. We will take your call 24 hours a day, seven days a week. Our team is ready to help you move forward and get justice for your injuries.

---

Bailey & Galyen Attorneys at Law – Fort Worth Office

1300 Summit Ave #650
Fort Worth, TX 76102

Phone: 817-438-2121