Drunk Driver Accident Lawyer in Orange

When Someone Chooses to Drive Drunk, You Should Not Have to Pay the Price 

A drunk driving crash can happen in an instant. A driver decides to get behind the wheel after drinking, loses control, crosses the center line, runs a red light, or fails to see another vehicle, and suddenly, someone else's life is changed forever. For families in Orange, Texas, these crashes can happen on I-10, Highway 87, U.S. 90, FM 105, FM 1006, and local roads throughout the community. Orange's location near the Texas-Louisiana border means local drivers share the road with substantial regional and commercial traffic, including vehicles traveling through Southeast Texas and toward Louisiana. 

When an impaired driver causes a collision, the consequences can be devastating. You may be facing broken bones, traumatic brain injuries, spinal cord damage, internal injuries, permanent disability, or the loss of someone you love. 

Anderson Alexander (A2X) represents people injured because of the negligence and misconduct of others. When a drunk driver causes your accident, we can investigate what happened, identify the evidence supporting your claim, and pursue the compensation available under Texas law. If you were injured by a drunk driver in Orange, Texas, reach out to A2X to learn more about how we may be able to help. 

What Is a Drunk Driving Accident? 

In Texas, the criminal offense is generally called Driving While Intoxicated (DWI). Under Texas Penal Code Chapter 49, a person can commit DWI by operating a motor vehicle in a public place while intoxicated. Texas defines intoxication in terms of either not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, or a combination of substances, or having an alcohol concentration of 0.08 or more. That distinction matters. A drunk driving accident does not require the other driver to have been visibly falling-down drunk. A person can be legally intoxicated based on their impairment or alcohol concentration even if they appeared relatively normal to other people. 

Texas also has an administrative license suspension system. For an adult driving a non-commercial vehicle, a blood or breath test showing a BAC of 0.08 or more can trigger an administrative license suspension, separate from the criminal DWI proceeding. 

For an injured person, however, the central issue is different: Did the driver's intoxication contribute to causing your injuries? If so, you may have a civil claim regardless of whether the criminal case results in a conviction. 

Texas DWI Laws Can Matter in Your Injury Case 

Texas treats impaired driving seriously. A first DWI offense can carry criminal penalties including jail time, a fine, and driver's license consequences. More serious consequences can apply when a person has prior offenses or when intoxicated driving results in serious bodily injury or death. 
 

Texas law also recognizes separate offenses for intoxication assault and intoxication manslaughter when intoxicated driving causes serious bodily injury or death. 
 

But the criminal prosecution is only one part of what may happen after a drunk driving crash. The State brings the criminal case. A personal injury or wrongful death claim is brought to seek compensation for the people harmed by the crash. Those are separate legal matters. A person injured by a drunk driver may have a civil claim even if they are not involved in the criminal prosecution or even if the criminal case does not resolve in the way they expected. 

You Do Not Have to Wait for a DWI Conviction 

One important misconception after a drunk driving crash is that you must wait for the driver to be convicted before pursuing a civil claim. You generally do not. Evidence in a civil case can include information gathered during the accident investigation, such as police reports, witness accounts, toxicology results, field sobriety evidence, video footage, driver statements, and other evidence about the driver's condition. A DWI arrest or conviction may provide important evidence, but you must still evaluate the civil claim on its own facts. At A2X, we look at the complete picture. We want to understand what happened before the collision, what evidence exists concerning the driver's intoxication, how the crash occurred, and how the crash has affected you. 

What Evidence Can Show a Driver Was Drunk? 

Drunk drivers do not always admit they were impaired. Some may claim they only had one drink. Others may deny drinking altogether. The driver's insurance company may also try to minimize what happened or shift some blame onto the injured person. That is why evidence can be critical. Depending on the circumstances, A2X may investigate evidence such as: 

• Police and crash reports 
• Blood or breath test results 
• Field sobriety test results 
• Toxicology evidence 
• Dashcam or surveillance video 
• Traffic-camera footage 
• Statements made by the driver 
• Witness statements 
• Bar, restaurant, or other establishment records 
• Photographs from the accident scene 
• Vehicle damage 
• Accident reconstruction evidence 
• Medical records 
• Cellphone or other electronic evidence 
• Other evidence showing the driver's condition before the crash 

What If the Driver Refused a Breath or Blood Test? 

A refusal does not necessarily mean there is no evidence of intoxication. Texas has an implied-consent system that addresses breath and blood specimens following certain DWI arrests. Refusing a test can result in administrative license consequences, and other evidence may exist concerning whether the driver was impaired.  A refusal is therefore not the end of the investigation. Police observations, witness accounts, video, field sobriety testing, statements, physical evidence, and other information may still help establish what happened. If you were injured in a crash where you believe the other driver was drunk but you do not know whether they were tested, let A2X take a look at the circumstances. 

Drunk Driving Crashes Can Cause Catastrophic Injuries 

Impaired drivers have reduced judgment, reaction time, coordination, and the ability to respond safely to changing traffic conditions. The resulting crashes can be severe. A drunk driver may: 

• Cross into oncoming traffic 
• Run a red light or stop sign 
• Fail to yield 
• Rear-end another vehicle 
• Drift across lanes 
• Drive at an unsafe speed. 
• Strike a pedestrian or cyclist 
• Leave the roadway 
• Cause a multi-vehicle collision 
• Strike a motorcycle 
• Cause a head-on collision 

The injuries can include traumatic brain injuries, spinal cord injuries, paralysis, broken bones, internal injuries, amputations, severe burns, permanent nerve damage, and other life-changing conditions. Some victims may never return to the life they had before the crash. 

The Damage Goes Beyond Your Medical Bills 

When a drunk driver causes a serious accident, the financial impact can continue long after the vehicles have been repaired or replaced. You may be unable to work while recovering. You may require surgery, physical therapy, medication, or other treatment. If your injuries are permanent, you may need medical care or assistance for years. Your family may also experience the consequences. A spouse may have to miss work to provide care. Children may lose the ability to participate in activities with an injured parent. Your household may need to adapt to a permanent disability. 

A personal injury claim should consider the full effect of the crash. Depending on the circumstances, compensation may include medical expenses, future medical care, lost wages, loss of future earning capacity, physical pain and suffering, mental anguish, physical impairment, disfigurement, loss of enjoyment of life, property damage, and other losses supported by the evidence. 

We Do Not Let Insurance Companies Define What Your Case Is Worth 

After a serious drunk driving accident, the insurance company may contact you quickly. You may be asked for a recorded statement. You may receive an early settlement offer. You may be told that the insurance company has reviewed the accident and determined what it believes your claim is worth. That does not mean you are out of options. Insurance companies are businesses with financial interests in the claims they handle. An early offer may not account for future medical treatment, lost earning capacity, permanent impairment, or other losses that aren't yet fully apparent. A2X can help you understand what the evidence says about your claim before you make decisions that could affect your future. 

What Happens If the Drunk Driver Killed Someone You Love? 

Some drunk driving crashes end in tragedy. If a spouse, parent, child, or other loved one dies because of an intoxicated driver's conduct, the family may be able to pursue a wrongful death claim depending on the circumstances and applicable Texas law. While no amount of money can replace a family member, pursuing a wrongful death claim can provide a path toward accountability and may help address the financial and personal losses that follow an unexpected death. The same questions about evidence and responsibility remain important. Was the driver intoxicated? How did the crash happen? Was another party involved? Was alcohol provided to the driver under circumstances that could potentially support a Dram Shop claim? If your family is dealing with the loss of a loved one after a drunk driving crash in Orange, let A2X take a look at what happened. 

The Statute of Limitations Matters 

You also need to understand an important deadline. Under Texas law, you generally must file a personal injury lawsuit within two years after the cause of action accrues. The statute also contains a two-year limitations period for wrongful death claims.  That does not mean you should wait two years to begin investigating your case. Evidence can disappear. Video can be overwritten. Vehicles can be repaired or sold. Witness memories can fade. Records may become more difficult to obtain. Exceptions and additional requirements may also apply, depending on the specific circumstances of a claim. If you were seriously injured or lost someone you love in a drunk driving crash, do not assume you have plenty of time. Reach out to A2X to learn more about your legal options. 

What If the Driver Was Not Convicted of DWI? 

A criminal DWI case and a civil injury claim are separate matters. A driver might be arrested but never convicted. The criminal case might be dismissed. Evidence may not be sufficient for a criminal conviction even though other evidence supports a civil claim. That is because the two proceedings have different purposes and legal standards. Your civil case focuses on whether another party's conduct caused your injuries and what damages you suffered. A2X can evaluate the available evidence rather than assuming that the outcome of a criminal proceeding automatically determines your civil rights. If you were injured and the driver was arrested for DWI (or you believe they were impaired even though you do not know whether they were arrested) let us take a look. 

A Drunk Driver Made the Choice. You Should Not Have to Carry the Consequences Alone. 

You cannot change the decision another person made before getting behind the wheel. You cannot undo the collision. But you can take steps to understand what happened and what options may be available. 

At Anderson Alexander (A2X), we take drunk driving accidents seriously. We can investigate the evidence, examine the circumstances surrounding the crash, identify potentially responsible parties, and pursue the compensation your claim supports. Reach out today to learn more about how we may be able to help after a drunk driving accident in Orange, Texas.