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A wreck caused by an impaired driver is different from an ordinary collision in one important way: the other driver’s conduct is often the clearest evidence in the case. But it is still an insurance claim, with the same Texas rules on fault, coverage and deadlines. This article explains how a claim works after you are hit by a drunk driver in Dallas, and what is different about it.
Two cases, not one
When a driver is arrested for driving while intoxicated after a wreck, there are usually two separate cases. The criminal case is brought by the state against the driver. Your injury claim is a civil claim, yours to bring, for your injuries and losses. The two run on different tracks and timetables. You do not have to wait for the criminal case to end to start your claim, and the civil deadline keeps running while the criminal case is pending.
The criminal case can still help your claim. Police findings, test results and the arrest report are evidence, and we gather them as part of the investigation.
Fault and insurance
Impairment usually makes fault easier to prove, but insurers still look for ways to move part of the blame onto you, because under Civil Practice and Remedies Code 33.001 you cannot recover if you are more than 50 percent responsible, and your recovery is reduced by your share at 50 percent or less (33.012). We answer those arguments with the scene evidence, the report and witnesses.
The impaired driver’s liability insurance is the first source of payment. Texas requires at least $30,000 for one person’s injuries, $60,000 for two or more and $25,000 for property damage per crash (Transportation Code 601.072). Those minimums are often lower than the cost of a serious injury. Your own uninsured and underinsured motorist coverage, part of every Texas policy unless a named insured rejected it in writing (Insurance Code 1952.101), may cover what the driver’s policy does not.
Exemplary damages in Texas
Texas law allows exemplary, or punitive, damages in limited cases. They require clear and convincing proof of fraud, malice or gross negligence, and the jury must be unanimous (Civil Practice and Remedies Code 41.003). When a wreck causes a death, the Wrongful Death Act allows exemplary damages where the death was caused by a wilful act or omission or gross negligence (CPRC 71.009). Exemplary damages are capped by statute (41.008).
Whether a drunk driving case supports exemplary damages depends on its facts, and they are never automatic. We look at the evidence and tell you honestly whether that claim is worth pursuing in your case.
If someone was killed
Under the Texas Wrongful Death Act, the surviving spouse, children and parents of the person who died may bring the claim (CPRC 71.004), and the deadline is two years from the date of death (16.003(b)). We handle these cases with care, and the first conversation is free.
What to do after a wreck with an impaired driver
- Call 911 and tell the dispatcher you think the other driver is impaired.
- Do not confront the other driver.
- Note anything you saw: driving before the crash, behavior after it, open containers.
- Get witnesses’ names and numbers.
- Get medical care, and keep every record.
- Talk to us before you give a statement to any insurer.
Insurance for the impaired driver
Some drivers arrested for impaired driving carry no insurance, or lose it later. That is one reason we read your own policy at the start. If the driver was uninsured or carried only the Texas minimum, your uninsured and underinsured motorist coverage, and your personal injury protection, may matter more than usual. PIP is paid without regard to fault and must be paid within 30 days of satisfactory proof (Insurance Code 1952.155, 1952.156).
Deadlines
Generally two years from the wreck to file suit (Civil Practice and Remedies Code 16.003), whatever happens in the criminal case. A claim involving a government vehicle usually needs written notice within six months (101.101).
How we help
We gather the police records and the evidence from the criminal side, open every insurance claim that applies, and prepare your claim with the insurer’s arguments in mind; several of our attorneys used to work for insurers. No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you.
Hit by an impaired driver in Dallas? Call our office, any hour.
Questions people ask
Do I have to wait for the criminal case to finish?
No. Your injury claim is separate, and the two-year deadline to file suit keeps running while the criminal case is pending.
Our Dallas office
5001 Spring Valley Rd Ste 240W, Dallas, TX 75244
Open 24 hours, every day