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Car Accident Lawyers Austin: Holding Drunk Drivers Accountable
A drunk driver destroyed your vehicle, caused serious injuries, and turned your life upside down. Now you’re facing mounting medical bills, lost wages, and pain that won’t go away—all because someone chose to drive intoxicated. Our car accident lawyers Austin have seen the devastating aftermath of drunk driving collisions throughout Travis County and surrounding areas. These crashes often cause catastrophic injuries because impaired drivers fail to brake, swerve, or take any evasive action before impact. The auto accident attorneys Austin at Carabin Shaw fight aggressively to hold drunk drivers fully accountable for the destruction they cause.
Why Drunk Driving Cases Require Experienced Attorneys
Drunk driving accidents involve unique legal opportunities that experienced Austin car accident attorneys know how to leverage. Unlike typical collisions where negligence must be proven through circumstantial evidence, drunk driving cases often include powerful proof of fault—blood alcohol test results, field sobriety test failures, and criminal charges that establish the driver’s impairment beyond dispute. Our car accident lawyers in Austin use this evidence strategically to maximize compensation for our clients, pursuing not just standard damages but also punitive damages designed to punish particularly reckless conduct.
Evidence in Drunk Driving Cases
Drunk driving accidents generate evidence that strengthens civil claims significantly. Police officers responding to suspected DUI crashes conduct investigations that produce valuable documentation for injury cases.
Blood alcohol concentration results provide objective proof of impairment. Texas law presumes drivers with a BAC of 0.08% or more serious are intoxicated, but any alcohol in the system can establish negligence when it contributes to accidents.
Field sobriety test results document observable impairment—balance problems, coordination failures, and cognitive difficulties that demonstrate the driver’s unfitness to operate a vehicle.
Officer observations recorded in police reports describe slurred speech, alcohol odor, bloodshot eyes, and other impairment indicators. These contemporaneous observations carry significant weight.
Criminal proceedings, including arrests, charges, and convictions, create records supporting civil claims. DUI convictions can establish negligence per se in civil cases.
Proving Drunk Driving Liability
Establishing liability against drunk drivers typically proves straightforward when proper evidence is gathered. We obtain police reports, toxicology results, and criminal case records that document impairment. Witness testimony from officers, other drivers, and establishment employees who served alcohol further supports claims.
Even when drunk drivers aren’t convicted criminally—due to procedural issues, plea bargains, or dropped charges—civil cases can proceed successfully. Civil cases require only a preponderance of evidence, a lower standard than the criminal cases’ beyond a reasonable doubt requirement.
Dram Shop Liability in Texas
Texas law allows victims to pursue claims against establishments that illegally served alcohol to drunk drivers. These “dram shop” claims expand recovery options beyond the driver’s personal insurance.
When Bars and Restaurants Share Liability
Under Texas Alcoholic Beverage Code provisions, establishments face liability when they serve alcohol to obviously intoxicated persons who then cause accidents. Proving obvious intoxication requires evidence that the patron displayed clear signs of impairment that a reasonable server would have recognized.
Establishments also face liability for serving minors who cause drunk driving accidents. Serving anyone under 21 violates Texas law, and establishments that do so bear responsibility for resulting harm.
Why Dram Shop Claims Matter
Drunk drivers often carry minimum insurance that fails to cover serious injury damages. Dram shop claims access to commercial liability policies that typically provide much higher coverage limits. Bars, restaurants, and clubs carry substantial insurance specifically because they face this exposure.
Our attorneys investigate where drunk drivers consumed alcohol before crashes, gathering evidence of over-service that supports dram shop liability.
Punitive Damages in Drunk Driving Cases
Texas law allows punitive damages—also called exemplary damages—when a defendant acts with gross negligence or malice. Drunk driving often qualifies for punitive damages because choosing to drive while intoxicated demonstrates conscious disregard for others’ safety.
Proving Gross Negligence
Gross negligence requires showing the defendant knew their conduct created an extreme risk of harm and proceeded anyway. Drunk drivers who consume alcohol knowing they’ll drive demonstrate exactly this conscious disregard.
Aggravating factors strengthen punitive damage claims. Prior DUI convictions, extremely high BAC levels, and particularly reckless driving behavior all support enhanced punishment through punitive awards.
Punitive Damage Limits
Texas caps punitive damages at the greater of $200,000 or twice economic damages plus up to $750,000 in non-economic damages. While caps limit maximum recovery, punitive damages still substantially increase total compensation in serious cases.
Injuries from Drunk Driving Accidents
Drunk driving crashes cause particularly severe injuries because impaired drivers often fail to react before collisions. Without braking or evasive maneuvers, impacts occur at full speed with maximum force.
Common Drunk Driving Injuries
Traumatic brain injuries result from violent head impacts in high-speed collisions. Spinal cord injuries cause paralysis when vertebrae fracture or dislocate. Multiple fractures requiring surgical repair occur throughout the body. Internal organ damage from blunt force trauma requires emergency intervention. Severe burns occur when collisions cause vehicle fires. Fatal injuries claim thousands of drunk driving victims annually.
Long-Term Consequences
Drunk driving victims often face permanent disabilities, chronic pain, and ongoing medical needs. The severity of these crashes means victims frequently cannot return to previous employment or activities. We calculate lifetime damages, including future medical care, lost earning capacity, and diminished quality of life.
Compensation for Drunk Driving Victims
Drunk driving victims deserve comprehensive compensation reflecting the full impact of their injuries and the defendant’s egregious conduct.
Economic Damages
All medical expenses, past and future, lost wages during recovery, lost earning capacity for permanent impairments, property damage, and other quantifiable losses.
Non-Economic Damages
Physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium for spouses.
Punitive Damages
Additional compensationis designed to punish drunk drivers and deter others from similar conduct.
Fighting for Drunk Driving Victims
Drunk driving accidents represent preventable tragedies caused by selfish choices. Our Austin car accident lawyers hold drunk drivers and the establishments that over-serve them fully accountable. We pursue every dollar of available compensation, using the powerful evidence these cases generate to achieve maximum recovery.
If you were injured by a drunk driver in Austin, contact Carabin Shaw to discuss your case. We’ll investigate the accident, identify all liable parties, and fight for the compensation you deserve.