Rowlett DWI Accident Injury Lawyer

Driving while drunk or high is inexcusable, especially when it results in an innocent person suffering injuries. Thankfully, the state of Texas allows victims of impaired driving accidents to pursue accountability and payment by filing a personal injury claim against the driver at fault. For help filing a claim, contact a Rowlett, Texas DWI accident injury attorney.

At Jerry D. Andrews, P.C., we take a strong stance in negotiations to fight for the compensation that our clients are owed. As an experienced, board-certified injury attorney, Jerry Andrews has both the skills and the legal knowledge to guide you through the claims process after a DWI accident caused by another driver.

How Does a Criminal DWI Case Affect a Civil Injury Claim in Texas?

When a drunk driver causes a crash, the driver may face criminal charges separate from any civil claim you file for your injuries. These two cases operate independently of each other and follow different rules, timelines, and burdens of proof. A criminal case is brought by the state and requires proof beyond a reasonable doubt, while a civil claim is brought by you as the injured party and only requires a preponderance of the evidence, meaning it is more likely than not that the driver's intoxication caused the crash.

A criminal conviction can still be useful in a civil case, since it can serve as strong evidence of the driver's negligence. However, you do not have to wait for a criminal case to conclude, and in many situations, a civil claim can move forward even if criminal charges are reduced, dismissed, or never filed at all. Some drivers may also face restitution as part of a criminal sentence, but restitution is often limited and rarely covers the full extent of a victim's losses, which is why pursuing a separate civil claim is often necessary.

Valuable Evidence in a DWI Accident Injury Claim

Intoxication plays a central role in these cases, which means that certain evidence can be especially valuable in proving liability. Police reports often include the results of field sobriety tests, breathalyzer readings, or blood alcohol testing, all of which can help establish that the driver was impaired at the time of the crash. Officer observations noted at the scene, such as slurred speech, the smell of alcohol, or erratic driving, can also support your claim.

Additional evidence can include traffic camera footage, witness statements, dash camera recordings, and the driver's criminal record if past DWI offenses exist. Toxicology reports and any statements made by the driver following the crash can further strengthen your case. Since alcohol impairment cases move quickly through the criminal system, it is important to begin gathering and preserving this evidence as soon as possible.