Drunk Driver Injury Attorney in Plano, TX
Hit by a Drunk or Impaired Driver in Texas? Joel Vecchio Helps Injured Victims Understand Their Rights and Pursue Full Compensation
Being hit by a drunk driver is a particular kind of injustice. It is not a freak accident. It is a choice someone made, to get behind the wheel impaired, and that choice puts every other person on the road at risk. If their decision hurts you, Texas law gives you real and meaningful options for holding them accountable.
At The Law Office of Joel M. Vecchio, P.C., our attorneys help victims of drunk and impaired driver crashes understand those options and pursue every source of compensation the law makes available. This includes pursuing claims against the driver, but it also means looking at every other party who may share responsibility, including, in some cases, the establishment that served them alcohol.
We are available 24 hours a day, 7 days a week. Your first consultation is free and there are no fees unless we win.
Hit by a drunk driver? Call (972) 380-4444 any time. We are here around the clock.
How Drunk Driving Claims Differ From Other Car Accident Cases
A drunk driving injury case follows the same general framework as any car accident claim, but several specific features of Texas law create additional legal tools and potentially greater compensation for victims. Understanding those differences matters.
Negligence Per Se
Under Texas law, a driver with a blood alcohol concentration of 0.08% or higher is legally intoxicated. When a driver is cited for or convicted of DWI following a crash, that violation of the law can constitute negligence per se, meaning you do not have to go through the same process of proving careless driving that you would in a standard accident case. The intoxication itself establishes that the driver breached their legal duty to others on the road.
Exemplary Damages
Texas Civil Practice and Remedies Code Section 41.003 allows courts to award exemplary damages, sometimes called punitive damages, when a defendant’s conduct constitutes gross negligence. Drunk driving frequently meets that standard because it involves a conscious decision to engage in behavior the driver knows is dangerous and illegal. Exemplary damages are awarded in addition to the compensation for your actual losses and can significantly increase total recovery.
Texas Dram Shop Liability
This is one of the most important and often overlooked aspects of drunk driving injury cases. Under the Texas Alcoholic Beverage Code, a bar, restaurant, or other alcohol-serving establishment can be held liable when they continue to serve an obviously intoxicated customer who then goes out and injures someone. If the driver who hit you was over-served at a business before the crash, that business may share legal responsibility for your damages.
Pursuing dram shop liability matters because it creates an additional source of compensation, particularly valuable when the at-fault driver’s own insurance is limited or when the driver has insufficient personal assets to cover your losses.
Injuries Common in Drunk Driving Crashes
Drunk drivers often do not brake before impact, which means crash forces can be severe. The injuries we see in these cases reflect that reality:
- Traumatic brain injuries and skull fractures
- Spinal cord injuries, including paralysis
- Broken bones, including complex fractures requiring surgery
- Severe burns in cases involving post-crash fires
- Internal organ damage and internal bleeding
- Facial injuries and permanent scarring or disfigurement
- Soft tissue injuries throughout the neck, back, and shoulders
- Post-traumatic stress disorder and other psychological injuries
- Fatal injuries requiring wrongful death claims by surviving family members
What Compensation Can Drunk Driving Victims Pursue?
Texas law allows victims of drunk driving crashes to seek compensation for all of the following:
- Medical expenses: Emergency care, surgeries, hospital stays, physical therapy, mental health treatment, medications, and any future medical costs related to your injuries.
- Lost income: Wages and income you missed while recovering, and the long-term financial impact if your injuries affect your ability to work.
- Pain and suffering: The physical pain, emotional distress, and loss of quality of life caused by your injuries.
- Property damage: The cost to repair or replace your vehicle and any other property that was damaged.
- Exemplary damages: In cases involving gross negligence, additional damages beyond compensatory losses may be available.
- Wrongful death damages: If a family member was killed in the crash, surviving relatives can pursue compensation for funeral expenses, loss of financial support, and loss of companionship and guidance.
What to Do After a Drunk Driver Hits You
The actions you take after the crash can directly affect the strength of your claim. Here is a practical guide:
- Call 911: A police response is essential. Officers will document the crash, conduct field sobriety testing if appropriate, and create an official report. That report becomes a critical piece of evidence.
- Stay at the scene: Do not move your vehicle unless you are in immediate danger.
- Seek medical care immediately: Even if you do not feel seriously hurt, get evaluated. Adrenaline masks pain, and some serious injuries do not present symptoms right away.
- Document the scene: Photograph vehicle positions, damage, skid marks, and road conditions. If there are any open containers visible in the other vehicle, photograph those too.
- Collect witness information: Get names and phone numbers from anyone who saw the crash or who may have observed the driver’s behavior beforehand.
- Do not accept any settlement: Do not agree to any offer until you fully understand the extent of your injuries and the true value of your claim.
- Call our office: The sooner we get involved, the more we can do to preserve evidence and build your case.
Why Clients Trust Joel Vecchio for Drunk Driver Cases
- We are available 24/7: Drunk driving crashes often happen at night and on weekends. We take your call whenever you need us.
- We look beyond the driver: Most attorneys focus solely on the driver’s insurance policy. We examine every potential source of recovery, including dram shop claims.
- You work with attorneys directly: We personally take client calls. You will always know who is handling your case.
- Bilingual services: We represent clients in English and Spanish. Se Habla Espanol.
- No fees unless we win: There is no financial risk in consulting with us or hiring us.
A drunk driver’s choice injured you. The law gives you the right to make them answer for that. Call (972) 380-4444 or contact us online today for your free consultation.