San Antonio Drunk Driving Accident Attorney

Understanding Drunk Driving Accidents in San Antonio

There is no excuse for driving under the influence of alcohol, but every year in Texas, thousands of people are injured or killed in car accidents with drunk drivers. According to the Texas Department of Transportation (DOT), 886 people lost their lives in motor vehicle accidents involving a drunk driver in Texas in 2019. Fifty-four of those fatalities occurred right here in Bexar County, which saw a total of 2,108 alcohol-involved crashes in 2019, resulting in hundreds of confirmed serious and non-incapacitating injuries.

If you or someone you love was hit by a drunk driver, you already know how devastating these collisions are. At Maloney Law Group, P.L.L.C., we also understand the serious nature of drunk driving accidents, as well as the complexities involved in recovering rightful compensation. With decades of experience, our San Antonio drunk driving accident attorneys are prepared to help you fight for the justice you and your family deserve. We have a proven record of success in going up against drunk drivers’ insurance providers and their defense teams, and we are ready to use our powerful reputation for aggressive client advocacy to help you navigate the legal process.

If you were injured or if your loved one was killed by a drunk driver, turn to Maloney Law Group, P.L.L.C. for compassionate, personalized representation. Call (210) 361-2997 today.

Texas DUI & DWI Laws

Just like every other state, Texas has laws against drunk driving. In Texas, a person can be charged with driving under the influence (DUI) and/or driving while intoxicated (DWI), depending on the circumstances. Generally speaking, only minors are charged with DUI, whereas those of legal drinking age (21) are charged with DWI when they choose to get behind the wheel of a vehicle while intoxicated.

It is unlawful in Texas for anyone of legal drinking age to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For minors, the law is even stricter; anyone under the age of 21 can be charged with DUI if they have any detectable alcohol in their system under the state’s zero-tolerance policy.

Understanding these legal parameters is crucial for those involved in drunk driving cases, as it directly impacts liability and the subsequent legal proceedings. The distinction between DUI and DWI penalties, as well as the implications of BAC levels, can significantly affect the outcome of a case, making it essential for victims to have informed legal counsel who can navigate these complexities efficiently and effectively.

Texas Dram Shop & Social Host Laws

In addition to the above DUI and DWI laws, Texas has laws prohibiting the sale of alcohol to minors, as well as overserving alcohol to “obviously intoxicated” individuals. Known as “dram shop laws,” these rules make it possible to hold a bar, restaurant, or similar establishment legally liable for unlawfully providing alcohol to a person who then goes on to cause injury or harm to another.

In addition to dram shop laws, Texas has social host laws that make it possible to hold an individual legally liable for providing alcohol to minors. To bring a claim under the state’s social host statute, you will need to prove that a person knowingly provided alcohol to someone under the age of 21 and that the person who provided the alcohol to the minor could reasonably see that the minor was “obviously intoxicated” and presented a danger to him/herself and/or others. Additionally, the person who provided the alcohol must be 21 or older and the person to whom they provided the alcohol must be an unrelated minor, such as the friend of a child.

These laws empower victims and their families to seek justice beyond the individual drunk driver by targeting the establishments or social hosts that enabled the situation. As a result, dram shop and social host claims can play a critical role in securing comprehensive compensation and highlighting the wider responsibility within a community in preventing alcohol-related harm. Understanding these options can also serve as a preventative measure for establishments and hosts, encouraging responsible serving practices.

Holding Drunk Drivers Accountable for Damages

In addition to criminal penalties, those who violate Texas’s DUI, DWI, dram shop, and social host laws face civil consequences. Victims of drunk drivers and/or the families of those wrongfully killed in drunk driving accidents can bring claims against drunk drivers themselves, as well as the individuals who provided drunk drivers with alcohol (in certain circumstances). In this way, victims and/or their families can hold liable parties accountable for the losses they have suffered.

Filing a civil personal injury claim against a drunk driver is separate from any criminal proceedings the drunk driver may face.

The purpose of filing a personal injury claim is to seek compensation for damages, such as:

Additionally, it may be possible to seek punitive damages, depending on the unique factors involved in your case. Punitive damages are meant to punish the liable person or party for egregious negligence or wanton/willful disregard for the lives and safety of others. Our San Antonio drunk driving accident attorneys can discuss the details of your case with you during a consultation and inform you of your various legal options.

How Our Attorneys Can Help

While it may seem obvious that a drunk driver is responsible for the accident that caused your injuries or the death of your loved one, pursuing compensation is often a very complicated and challenging task. At Maloney Law Group, P.L.L.C., our attorneys understand the many tactics insurance companies use to avoid paying out these claims. We are prepared to fight back against efforts to dispute your injuries, devalue your damages, and deny your claim.

Our legal team also understands the importance of investigating all possible avenues of compensation. Often, victims of drunk driving accidents sustain severe, life-altering injuries, such as brain injuries, spinal cord injuries, and paralysis. Because of this, we leave no stone unturned in pursuing the maximum compensation our clients are owed for both their current and future damages.

We are ready to handle all of the legal details of your case so that you can focus on getting the critical medical care you need, healing from your physical injuries and emotional trauma, and moving forward with your life.

Frequently Asked Questions

What Should I Do Immediately After a Drunk Driving Accident in San Antonio?

In the immediate aftermath of a drunk driving accident, it’s crucial to ensure your safety and the safety of others. Begin by checking for injuries and calling emergency services, even if injuries seem minor. Document the accident scene with photographs, taking note of vehicle positions, road conditions, and any visible damages. Gather information from witnesses and other parties involved, but avoid discussing fault. Contact a skilled attorney experienced in San Antonio drunk driving accidents to guide you through the next steps and protect your legal rights.

How Does Texas Law Define “Dram Shop” Liability?

Under Texas law, a “dram shop” refers to a bar, restaurant, or establishment that sells or serves alcohol. These establishments can be held liable if they serve alcohol to a visibly intoxicated person who subsequently causes harm or injury. The law is designed to promote responsible alcohol serving practices and hold establishments accountable for contributing to dangerous situations. If an individual is injured because of this negligence, they may pursue a claim against the establishment responsible for overserving the intoxicated individual.

Can I File a Lawsuit Against the Drunk Driver’s Insurance Company Directly?

In Texas, you cannot directly sue the intoxicated driver’s insurance company. Instead, you must file a claim against the driver themselves. The insurance company is then responsible for defending the driver and paying any awarded compensation, up to the policy limits. An experienced attorney can negotiate with the insurance company on your behalf, ensuring you pursue the full compensation you are entitled to for medical expenses, lost wages, and other damages.

For a confidential consultation with one of our experienced attorneys, please call (210) 361-2997 or submit an online contact form today.