Mesquite, Texas DWI Accident Injury Lawyer

There is no justification for drunk driving. When someone gets hurt by an intoxicated driver, that driver should be liable for any damages. If you or somebody you care about has been struck in a drunk driving accident, get in contact with a Mesquite driving while intoxicated (DWI) accident injury attorney.

At Jerry D. Andrews, P.C., we have a history of proven results, with millions of dollars secured in compensation on behalf of auto accident victims across Dallas County, Denton County, and Collin County. Attorney Jerry D. Andrews is board-certified in personal injury law by the Texas Board of Legal Specialization, making him an excellent choice to represent you in a complex claim.

Does a Criminal DWI Affect a Civil Car Accident Claim in Texas?

A drunk driving accident can lead to two separate legal cases. The state may file a criminal DWI case against the impaired driver. At the same time, an injured person may bring a civil car accident claim for compensation. These cases are related, but they are not the same. The criminal case focuses on punishment. The civil claim focuses on paying the injured victim for losses caused by the wreck.

A criminal DWI charge can help a civil claim, but it does not automatically guarantee compensation. The injured person still needs to prove that the impaired driver caused the accident and that the accident caused real damages. However, evidence from the criminal case can be important. A police report, arrest record, breath test, blood test, field sobriety test, or guilty plea can support the argument that the driver acted carelessly.

Even if the driver is not convicted, you may still have a civil claim. Criminal cases require proof beyond a reasonable doubt. Civil claims use a lower standard. This means a driver could avoid a criminal conviction but still be held financially responsible in a personal injury case.

Drunk driving can also affect the value of a claim. A jury may view impaired driving as especially reckless. In some cases, punitive damages may be available when the driver's conduct was grossly negligent.

What Evidence Do You Need for a DWI Accident Claim in Texas?

Strong evidence is critical after a DWI accident. Insurance companies rarely accept that a drunk driver caused every injury or loss. They often look for ways to dispute fault, argue that the injuries were not serious, or claim that some medical care was unrelated to the wreck. Useful evidence in a Texas DWI accident claim may include:

• The police report and DWI arrest records
• Breath or blood alcohol test results
• Body camera, dash camera, or surveillance footage
• Witness statements from people who saw the collision or the driver's behavior
• Photos of the vehicles, road conditions, and visible injuries
• Medical records, bills, and treatment notes
• Vehicle damage reports and accident reconstruction evidence

Medical records are especially important. You should seek treatment as soon as possible after the accident. Delays in care can give the insurance company room to argue that your injuries came from something else. Even if you feel "mostly fine" at first, some injuries grow worse over time. Neck injuries, back injuries, concussions, and internal injuries can become more serious in the days after a collision.

You should also avoid giving a recorded statement to the other driver's insurance company without legal guidance. An adjuster may sound polite, but the company's goal is to protect its own bottom line. An offhand comment can be twisted against you later to threaten your claim.