If you were hit by a drunk driver in Dallas, you may be left dealing with medical bills, lost income, and lasting pain — all because of someone else’s reckless choice. Insurance companies often rush victims to settle quickly and for far less than they deserve. You need someone who knows how to push back and hold drunk drivers fully accountable for the harm they caused.
At Varghese Summersett, our Dallas personal injury team has recovered millions for clients injured by negligence. We handle every aspect of your claim while you focus on healing.
Can I Sue a Drunk Driver Who Hit Me in Dallas?
Yes. Under Texas Civil Practice and Remedies Code § 41.001, you can pursue both compensatory damages (economic and non-economic) and potentially punitive damages when a drunk driver injures you. Texas law allows punitive damages specifically in cases involving intoxication, giving you the right to hold the driver financially accountable beyond just covering your losses.
You don’t need to wait for the criminal case against the drunk driver to resolve. Your civil case moves independently. Even if criminal charges are dropped or reduced, you can still recover compensation for your injuries.
What Compensation Can I Get After a Dallas Drunk Driving Accident?
Texas law allows you to recover three categories of damages after a drunk driving accident.
Economic Damages
These are your financial losses with receipts and documentation. Medical expenses from the emergency room through ongoing treatment. Lost wages if you missed work recovering from injuries. Property damage to repair or replace your vehicle. Future medical costs if you need additional surgeries or long-term care. Lost earning capacity if your injuries prevent you from returning to your previous job or working at full capacity.
Non-Economic Damages
Pain and suffering covers physical discomfort and emotional distress from the accident and your injuries. Mental anguish addresses anxiety, depression, or PTSD that develops after being hit by a drunk driver. Disfigurement and scarring compensate for permanent visible injuries. Loss of enjoyment of life applies when injuries prevent you from activities you previously enjoyed.
Punitive Damages
Under Section 41.003, Texas allows punitive damages when the defendant acted with malice or gross negligence. Drunk driving typically qualifies because getting behind the wheel intoxicated shows conscious disregard for the safety of others. These damages punish the drunk driver and deter similar conduct. The jury decides the amount based on the severity of the driver’s conduct and their financial resources.
How Much Is My Dallas Drunk Driving Accident Case Worth?
The value depends on the severity of your injuries, the strength of evidence against the drunk driver, and the available insurance coverage.
Injury Severity
Catastrophic injuries that require extensive medical treatment or cause permanent disability carry higher values than minor injuries. Traumatic brain injuries, spinal cord damage, severe fractures, and internal organ damage typically result in six-figure or seven-figure settlements. Soft tissue injuries and minor fractures may settle for less but still provide significant compensation when properly documented.
Available Insurance
Texas requires drivers to carry minimum liability coverage of $30,000 per person for bodily injury. Many drunk drivers carry only minimum coverage or no insurance at all. If your medical bills and other damages exceed the drunk driver’s policy limits, your own underinsured motorist (UIM) coverage can bridge the gap. We pursue all available sources of compensation, including dram shop claims against bars or restaurants that overserved the drunk driver.
Evidence Quality
Strong evidence increases settlement value because it reduces the insurance company’s ability to dispute liability or minimize damages. Police reports showing the driver’s blood alcohol concentration (BAC) over the legal limit. Witness statements confirming erratic driving before the crash. Photos or video of the accident scene and vehicle damage. Medical records linking your injuries directly to the accident. Expert testimony about the drunk driver’s impairment and how it caused the crash.
Every case has unique factors. If you’re facing serious injuries from a drunk driving accident in Dallas, speak with an experienced personal injury lawyer who can evaluate your specific situation and explain what your case may be worth.
How Fault Works in Texas Drunk Driving Cases
Texas follows a modified comparative negligence rule. You can recover compensation as long as you were not more than 50% at fault for the accident. If you were partially at fault, your compensation reduces by your percentage of fault.
Insurance companies often try to shift partial blame to the victim even in drunk driving cases. They might claim you were speeding, failed to yield, or were distracted. This tactic lets them reduce the settlement amount or deny your claim entirely.
Drunk driving creates a strong presumption of fault. A driver operating under the influence violates Texas Penal Code and civil law. The burden shifts to the drunk driver to prove they weren’t at fault. This makes drunk driving cases easier to win than typical car accident cases, but insurance companies still fight to minimize payouts.
Multiple parties may share liability in drunk driving accidents. The drunk driver bears primary responsibility. Bars, restaurants, or social hosts who overserved the driver may face dram shop liability under Texas Dram Shop Act. Employers can be liable if their employee was drunk while working. Vehicle owners may be liable if they knowingly let an intoxicated person drive their car.
The Claims Process After a Drunk Driving Accident
Understanding what happens after you’re hit by a drunk driver helps you protect your rights and maximize your compensation.
Immediate Aftermath
Police arrive at the scene and investigate. They typically conduct field sobriety tests and arrange for a blood or breath test if they suspect intoxication. The officer’s report becomes crucial evidence in your case. Get medical attention immediately, even if you don’t think you’re seriously injured. Some injuries don’t show symptoms for hours or days. Medical records created right after the accident link your injuries to the crash and prevent insurance companies from claiming your injuries came from something else.
Insurance Claims
The drunk driver’s insurance company will contact you within days. Do not give a recorded statement without speaking to a lawyer first. Insurance adjusters use your words against you to minimize the settlement. They ask leading questions designed to get you to downplay injuries or admit partial fault. Once you hire an attorney, all communication goes through your lawyer. Your attorney handles negotiations while you focus on recovery.
Investigation
Your attorney gathers evidence to build your case. This includes obtaining the police report, medical records, witness statements, accident scene photos, and surveillance footage if available. We also request the drunk driver’s toxicology results, prior DWI history, and bar tabs if they were overserved at an establishment. Expert witnesses may evaluate your injuries, review the accident reconstruction, and testify about the drunk driver’s impairment.
Demand and Negotiation
Once you reach maximum medical improvement (MMI), meaning your condition has stabilized and doctors can predict your long-term prognosis, your attorney sends a demand letter to the insurance company. The demand outlines your injuries, treatment, damages, and settlement amount based on the evidence. Most cases settle during this negotiation phase. Insurance companies know drunk driving cases carry the risk of punitive damages at trial, which motivates them to settle for fair amounts.
Litigation
If negotiations fail to produce a fair settlement, we file a lawsuit in Dallas County. The lawsuit doesn’t mean going to trial immediately. It opens formal discovery, where both sides exchange information and take depositions. Many cases settle after discovery when the insurance company sees the strength of your evidence. If the case proceeds to trial, a jury decides liability and damages.
Why Insurance Companies Fight Drunk Driving Claims
You might think insurance companies would quickly pay claims when their insured was driving drunk. The opposite is true. Insurance companies use every tactic to minimize what they pay, even in clear liability cases.
Delay Tactics
The longer they delay, the more desperate you become for money to cover mounting medical bills. They request unnecessary documentation, lose paperwork, or take weeks to respond to communications. These delays pressure you into accepting a low settlement just to get some money.
Lowball Offers
Initial offers typically cover only a fraction of your actual damages. Insurance adjusters present these offers before you know the full extent of your injuries or future treatment needs. They hope you’ll accept the quick money without understanding what you’re giving up.
Shifting Blame
Even when their insured driver was drunk, insurance companies manufacture ways to blame you. They claim you were speeding, following too closely, or failed to avoid the accident. Any percentage of fault they can pin on you reduces their payout under Texas’s comparative negligence rules.
Minimizing Injuries
Adjusters scrutinize medical records looking for pre-existing conditions, gaps in treatment, or statements you made that downplay your pain. They hire their own doctors to perform independent medical examinations (IMEs) designed to minimize your injuries. They argue you’re exaggerating symptoms or that your injuries will heal quickly.
Having an experienced Dallas drunk driving accident lawyer levels the playing field. We know the insurance company’s tactics because we’ve seen them hundreds of times. We build cases that anticipate their arguments and cut off their escape routes. When they see we’re prepared to take the case to trial, they take our demands seriously.
Don’t face the insurance company alone. Contact our Dallas office to discuss how we can help you get fair compensation for your drunk driving accident injuries.
What to Expect From Varghese Summersett
Our Dallas personal injury team has the resources and experience to handle complex drunk driving accident cases. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Comprehensive Investigation
We immediately begin gathering evidence to build your case. Our team obtains police reports, medical records, and witness statements. We work with accident reconstruction experts when needed to prove how the crash happened and demonstrate the drunk driver’s fault. We also investigate whether bars, restaurants, or other parties share liability for overserving the drunk driver.
Medical Documentation
Proper medical documentation makes or breaks personal injury cases. We ensure your doctors document every injury, treatment, and prognosis in detail. We coordinate with medical providers to get the records and reports needed to prove the full extent of your damages. If you need additional specialists or diagnostic tests, we help you find the right providers.
Dealing With Insurance Companies
Once you hire us, you never speak to insurance adjusters again. We handle all communication, negotiations, and legal proceedings. This protects you from making statements that could hurt your case and lets you focus on recovery without the stress of fighting with insurance companies.
Maximizing Your Recovery
We don’t accept quick, low settlements. We calculate the full value of your claim including all current and future medical expenses, lost wages, and pain and suffering. We push for punitive damages when appropriate. If the insurance company won’t offer fair compensation, we’re prepared to take your case to trial.
Access to Resources
With over 70 team members across four Texas offices, we have the depth and resources to handle serious injury cases. Our attorneys have recovered millions in compensation for clients injured by drunk drivers. We have relationships with top medical experts, accident reconstructionists, and economic experts who strengthen your case.
Personalized Attention
Despite our size, you’re not just a case number. You work directly with an experienced Dallas drunk driving accident lawyer who knows your case inside and out. We keep you informed throughout the process and answer your questions promptly. You have direct access to your attorney’s cell phone, not just a paralegal or case manager.
Frequently Asked Questions
How long do I have to file a claim after being hit by a drunk driver in Dallas?
Texas law gives you two years from the date of the accident to file a personal injury lawsuit. This deadline, called the statute of limitations, is strictly enforced. If you miss it, you lose your right to compensation regardless of how strong your case is. Some exceptions exist, such as if you didn’t immediately discover your injury, but don’t rely on exceptions. Contact a Dallas drunk driving accident lawyer as soon as possible after the crash to protect your rights.
What if the drunk driver who hit me doesn’t have insurance?
You have several options. First, check your own auto insurance policy for uninsured motorist (UM) coverage. UM coverage pays for your injuries when the at-fault driver has no insurance. Second, look into whether any other parties share liability, such as bars that overserved the drunk driver. Third, consider pursuing the drunk driver’s personal assets, though this is often impractical because many uninsured drivers have limited assets.
Can I still recover compensation if I was partially at fault?
Yes, as long as you were not more than 50% at fault. Texas uses modified comparative negligence. If you were 30% at fault, you can recover 70% of your damages. Insurance companies often try to assign you partial fault to reduce what they pay. An experienced attorney knows how to counter these tactics and minimize any fault attributed to you.
Should I accept the insurance company’s first offer?
No. First offers are almost always far below what your case is actually worth. Insurance companies make low initial offers hoping you’ll accept before understanding the full extent of your injuries and future needs. Once you accept a settlement and sign a release, you cannot come back for more money if your injuries turn out to be more serious than initially thought. Have an attorney evaluate any offer before accepting it.
How much does it cost to hire a Dallas drunk driving accident lawyer?
Our firm works on a contingency fee basis. You pay no upfront costs or attorney fees. We only get paid if we recover compensation for you. Our fee is a percentage of the settlement or verdict. This arrangement gives you access to experienced legal representation without financial risk. You can focus on healing while we fight for your compensation.
Get Help Now
If a drunk driver injured you in Dallas, time matters. Evidence disappears. Witnesses forget details. Insurance companies begin building their defense immediately. The sooner you contact us, the stronger your case becomes.
Call our Dallas office at (214) 903-4000 for a free consultation. We’ll review your case, explain your options, and tell you what we think your claim is worth. No obligations. No pressure. Just honest answers from attorneys who have successfully handled hundreds of drunk driving accident cases.
Past results do not guarantee future outcomes. Every case is different, and results depend on unique facts and circumstances.
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