When a drunk driving accident disrupts your life, seeking legal recourse is often the best course of action. But one question tends to stand out for most accident victims: “Who actually pays when I sue in a drunk driving case?” Ensuring you’re compensated for your injuries, losses, and suffering requires understanding the payment process and how liability is determined in these cases.
If you’ve been injured in a drunk driving accident in Houston, a skilled drunk driving accident lawyer in Houston can guide you through every step, from filing your claim to recovering fair compensation. Here’s everything you need to know about who pays in these situations. At Big Tex Injury Lawyers, we have a team of experienced drunk driving accident attorneys in Houston who can help you recover the compensation you deserve.
Understanding Drunk Driving Laws and Liability
Drunk driving cases are underpinned by specific laws that hold the intoxicated driver accountable for their actions. However, determining who pays depends on key factors, including fault, insurance coverage, and even whether third parties are involved.
Typically, individuals injured in drunk driving accidents can claim compensation from one or more of the following sources:
1. The Drunk Driver’s Insurance
The drunk driver is the primary party held liable for damages caused in the accident. Texas operates under a fault-based system, meaning the party responsible for the accident is financially liable for covering your damages.
If the at-fault driver has auto insurance, their liability coverage will typically pay for your medical expenses, property damage, and other losses up to the policy limits.
2. Your Own Insurance
Unfortunately, not all drunk drivers carry adequate insurance, or sometimes none at all. If this happens, your own insurance policy may cover the remaining costs.
For instance, if you have uninsured/underinsured motorist coverage, you can seek compensation under your own policy when the drunk driver’s insurance falls short. This step can be especially important in Houston, where a significant number of drivers are either uninsured or have minimal coverage.
3. Other Third Parties
Liability doesn’t always stop with the drunk driver. Under Texas’s dram shop statutes, establishments such as bars, restaurants, or clubs that served alcohol to the driver could also bear financial responsibility. If a business knowingly served alcohol to an intoxicated individual who later caused a crash, they might be held accountable.
Additionally, Texas law allows for social host liability, although it is more limited compared to dram shop laws. A social host, such as someone hosting a private party, can sometimes be sued if they provided alcohol to a visibly intoxicated person who then caused harm.
4. The Drunk Driver Personally
If all other options fail, or if damages exceed insurance policy limits, you may pursue a claim against the drunk driver personally. This comes in the form of a civil lawsuit, where they would be directly responsible for compensating you out of pocket.
It’s worth noting, however, that pursuing personal assets often depends on the financial situation of the drunk driver, which can make recovery challenging.
What Types of Damages Can You Recover?
Drunk driving accidents can result in significant physical, emotional, and financial hardship. Your car accident injury attorney will work diligently to ensure you receive compensation for all applicable damages, which may include:
- Medical Expenses: Covers hospital bills, medication costs, physical therapy, and any future medical care related to the injuries.
- Lost Wages: If the accident caused you to miss work or rendered you unable to continue your job, you could recover compensation for current and future lost earnings.
- Property Damage: Pays for repair or replacement of your vehicle or other personal property damaged in the crash.
- Pain and Suffering: Accounts for the emotional and physical distress caused by the accident.
- Punitive Damages: Designed to punish the drunk driver for their reckless behavior and deter similar conduct in the future.
Steps to Take After a Drunk Driving Accident
If you’ve been injured by a drunk driver, here’s how you can strengthen your case and improve your chances of recovering compensation:
- Seek Medical Attention Immediately
Your health is the top priority. Not only does this ensure your safety, but medical records also serve as crucial evidence in your case.
- Contact Law Enforcement
Report the accident to the police. A police report that details the driver’s intoxication will be a critical piece of evidence.
- Gather Evidence
Photograph the accident scene, including vehicle damage, injuries, and any relevant surroundings. Collect witness information if available.
- Consult a Drunk Driving Accident Lawyer
An experienced Houston drunk driving accident lawyer will help you navigate the legal process, negotiate with insurance companies, and take your case to trial if necessary.
Why You Need an Experienced Attorney
Determining who pays when you sue in a drunk driving case often involves complex legal and insurance issues. With the laws around fault, liability, and insurance claims in Texas, it’s easy for accident victims to feel overwhelmed. This is where skilled legal representation can make all the difference.
At Big Tex Injury Lawyers, we specialize in helping clients like you recover the compensation you deserve. Whether the drunk driver is underinsured, a third party shares liability, or complex negotiations with insurers are required, our attorneys are ready to fight for your rights.
Take Action Now
If you or a loved one has been injured in a drunk driving accident, don’t wait to seek legal help. The sooner you act, the stronger your case. Contact Big Tex Injury Lawyers today to schedule your free consultation with a leading car accident injury attorney in Houston, and take the first step toward justice.
