What You Should Do After A Drunk Driving Accident?

Being in an accident can be overwhelming, and you may go into shock. You may not even realize you are injured right away, as some medical conditions can take time to emerge. By following these simple steps, you can ensure that your legal rights are protected and your health is safeguarded:

  • Contact the authorities – A police report is a critical component of a claim or lawsuit, so it’s important to get the cops on the scene right away. The police will have the drunk driver take a breathalyzer test, which can later be used as evidence. You can also ask the dispatcher to call an ambulance if you or others have been badly injured.
  • Take photos and videos – Accident scenes tend to be cleared quickly, so it is essential that you take photographs and videos while you still can. Get shots of both vehicles, your injuries, and anything else you notice in the vicinity. 
  • Trade information with potential witnesses – If any other cars have stopped, make sure to get the drivers’ phone numbers, as they may be able to offer important testimony down the line.
  • Trade information with the drunk driver – If possible, get the driver’s name, number, address, and insurance card info. If the driver is unresponsive, the police can help you to obtain this information. 
  • Get medical help – It is mandatory that you get checked out by a medical professional after a car accident. You may have sustained a concussion, internal organ damage, or other injuries that you don’t notice at first. The medical information you gather can be used to determine the extent of the compensation you are eligible for.
  • Contact our legal team at Trust Guss Injury Lawyers in Katy, TX – Choosing Trust Guss means you are leveraging over 30 years of expertise in taking on drinking driving accident claims just like yours. We will aggressively fight for justice to be served, standing up to insurance companies to ensure you receive the damages you are rightfully owed.

Why Is It So Important To Work With A Katy Drunk Driving Accident Attorney?

Drunk drivers must be held accountable for their actions. The driver may face criminal charges, fines, and jail time, but you should know that a criminal conviction will not pay your extensive medical bills after a car crash. Many victims of drunk driver accidents mistakenly think that when the other driver is charged with a crime, they will be able to collect the appropriate payments. This is not true. The only way to make sure you receive the full extent of the compensation you are entitled to is to work with a skilled personal injury attorney who understands the legal complexities of drunk driver cases and will not be intimidated by insurance companies and other lawyers. We will build a strong, viable case that will prove the drunk driver owed you a duty of care, breached that duty, and that the breach led to your debilitating injuries.

Banner media

Overview of the Stewart J. Guss Firm

guss speaking

Determining Liability In A Drunk Driving Accident 

While it may seem cut and dry that the drunk driver is to blame for the crash, your situation may sometimes be more complex than that. Yes, a driver with a BAC (blood alcohol concentration) of over 0.08 will be considered intoxicated and can face criminal charges, including a D.U.I.

However, others may also be partially to blame. You may be able to sue a bar or restaurant that served an intoxicated driver more alcohol when there were clear signs the person was out of control. Dram Shop Laws stipulate that establishments have a responsibility to not over-serve patrons. Some other parties that could potentially be held liable include:

  • The host of an event or party who over-served patrons or served alcohol to minors who ended up causing a collision on the road
  • An employer who hired a vehicle operator knowing they had a history of alcoholism or drunk driving
  • A friend, coworker, or family member who knew the driver was drunk but allowed them to get on the road anyway

Possible Injuries Caused by Drunk Drivers in Katy, TX

Injuries after a collision with a drunk driver can be temporary and inconvenient, or they can be life-altering, requiring years of rehabilitation and physical therapy. Some victims suffer catastrophic injuries, such as spinal cord injuries or traumatic brain injuries, which can leave them unable to work or care for themselves. Potential injuries after a drunk driving accident lawyers in Katy, TX, include the following:

  • Broken bones
  • Fractures
  • Sprains
  • Burns
  • Cuts
  • Soft tissue injuries
  • Neck and back injuries
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Nerve damage
  • Internal organ damage
  • Amputations
  • Coma
  • Wrongful death
Banner media

What Compensation Can Be Obtained After A Drunk Driving Accident?

If you have suffered injuries after a collision with a drunk driver who acted negligently or recklessly on the road, you may be entitled to compensation in the form of damages as follows:

  • Medical costs, both present and future – This includes hospitalizations, surgeries, doctor’s visits, diagnostic testing, medications, walking aids, physical therapy, rehab, retrofitting your home, and more.
  • Lost wages and loss of future earning opportunities – If you are unable to work, either temporarily or permanently, you can be reimbursed for these losses.
  • Property damage – The liable party can be made to pay for vehicle repairs or replacement if your car was totaled.
  • Pain and suffering – If you were left with mental and emotional anguish after the accident, or if you’re coping with depression or PTSD, you deserve compensation to deal with these setbacks.
  • Wrongful death – If a loved one was killed in a drunk driving accident, you are entitled to damages that will cover loss of companionship, funeral costs, and burial expenses.

As a victim of a drunk driver, you have options. If our team is unable to achieve a fair and favorable settlement by working with insurance companies, we will not hesitate to take your case to civil court. Even if the drunk driver somehow evades criminal charges, we can make things right for you through a strategic lawsuit.

How Much Time Do I Have To File An Accident Claim In Texas?

Unfortunately, the statute of limitations in Texas stipulates that you have only two years from the date of your drunk driver accident to file a claim. While that may seem like a long time at first, when you consider the time-consuming nature of the recovery process, the medical visits you’ll need to attend, and the physical therapy you might need, you can see how two years can go by in the blink of an eye. If you miss the deadline and don’t file on time, you may lose your opportunity to obtain the compensation you are rightfully entitled to. Let our helpful, knowledgeable drunk driving accident attorneys in Katy, help you file your claim within the proper time frame, ensuring your ability to be properly compensated for all your losses, both economic and non-economic.

Drunk Driving Is a Serious Problem in Katy

Drunk driving is a serious problem across the nation, but it may pose an even more serious danger to motorists in Katy and surrounding areas. Why? Because Texas experiences a higher percentage of drunk driving accidents than the national average. A whopping 40% of fatal accidents in Texas involve a drunk driver, but just 29% of fatal accidents nationwide do, according to the National Highway Transportation Safety Administration. In addition, Texas’s rate of deaths from drunk driving is far above the national average. In the 21-year-old to 34-year-old age group, for example, Texas’s death rate is 10 per 100,000, while the national rate is just 6.7, according to the U.S. Centers for Disease Control and Prevention.

person undergoing a sobriety test

Why Choose Trust Guss? 

After a collision with a drunk driver in Katy, Texas, our experienced personal injury lawyers can provide you with a source of unwavering strength throughout your legal ordeal, handling all communication and evidence retrieval so you can focus your energies on the healing process at hand. Whether you reach out to us day or night, you will always encounter a live human being rather than a faceless machine. Our goal is to provide you with concierge care, a personalized legal strategy, and a seamless experience from start to finish. Because we work on a contingency fee basis, you will never have to spend a penny unless we are successful with your claim. These are just a few of the many reasons why our personal injury law firm has received over 1400 five-star reviews – and counting.

Stewart J. Guss founded his law firm in 1999 with the intention of providing a “Clients First” approach that focused on integrity, transparency, and a relentless drive to achieve justice. Since then, Trust Guss has grown significantly. We now have over 100 legal professionals employed and provide representation across four states, emphasizing our broad national reach. Stewart is a Texas native who obtained his Juris Doctor Degree from the University of Houston Law Center. He is an active member of the Texas Trial Lawyers Association and has been lauded across the U.S. for his superior legal acumen and dedication to excellence. He was included in the top 1% of personal injury lawyers in America by the National Association of Distinguished Counsel and, over the years, has been referred to as a “Top Lawyer” by the National Trial Lawyers, Rue Ratings, and Houstonia Magazine. Despite his busy work schedule, Stewart always makes time for philanthropy and donates to a number of charities and university scholarships.

Frequently Asked Questions

A common cause of car accidents is drunk driving. In Texas, anyone who drives with a blood alcohol concentration above 0.08 vehicle is driving drunk—although lower levels of inebriation can also contribute to accidents. After a drunk driving accident, you’re left hurt, confused, and overwhelmed. You’ll probably have a lot of questions. First and foremost, we encourage you to focus on your health and wellbeing, receiving the care you need for the best chance of a complete recovery. In the meantime, you’ll be wondering how your accident happened, if someone else’s negligence was the cause, and whether or not you can do anything about it to bring them to justice. We’re here to provide you with the answers. Read on to find out more. If you or a loved one has been injured by a drunk driver, get help from a Katy drunk driving accident lawyer who can ensure you collect every dollar you deserve. For specific questions about your situation and legal options moving forward, contact Trust Guss Injury Lawyers today for a free case review.

Have your injuries left you out of work?

After you’ve suffered injuries in a drunk driving accident, your doctor may instruct you to rest. While that might be the last thing you want to do, your injuries could worsen if you push yourself too hard. Your injuries might be so severe that they alter your life permanently. One of the most consequential ways a drunk driving accident victim suffers is by missing work. Depending on the severity of your injuries, you may lose wages and miss work for a long time. You may never return to work at all, or at least not in the same capacity as you were previously. This could not only affect your mental state but also your ability to provide for your family. A settlement from a personal injury claim can help cover your medical bills and regular living expenses during this stressful time. It’s vital to your health to speak with a skilled Katy drunk driving accident attorney as soon as possible after your accident.

Why do you need to file a Katy drunk driving accident claim?

You need to file a Katy drunk driving accident claim against the drunk driver to hold them accountable for your injuries. While the drunk driver may face criminal charges, a criminal conviction will not pay your medical bills. Filing a Katy drunk driving accident claim is the only way to collect compensation for your injuries and suffering. A respected drunk driving accident attorney in Katy can help build a strong case and guide you through this complex legal process.

Is the insurance company trying to take advantage of you?

After your drunk driving accident, the insurance company may contact you with a settlement offer. While they may claim this offer is the best they can do, it’s likely a lowball offer meant to make you go away for as little money as possible. Signing a settlement offer waives your right to bring any future claims against the insurance company. Working with a drunk driving accident lawyer in Katy can help ensure you receive maximum compensation for your injuries.

What should you do after your accident?

Immediately after your drunk driving accident, you may be in shock. If you haven’t suffered any major or 'obvious' injuries, you may just want to go home and rest. However, this is a dangerous mistake. You may have suffered a soft tissue injury, a concussion, or another injury that can quickly become serious if left untreated. Seek medical attention ASAP after a car accident. Working with a seasoned drunk driving accident lawyer in Katy can help you avoid paying out of pocket for medical expenses related to the accident.

How do you collect the money you are entitled to?

Your lawyer will consider the following damages in your claim: pain and suffering, emotional distress, lost wages, lost earning potential, loss of companionship, loss of life enjoyment, present and future medical bills, rehabilitation costs, and property damage including vehicle damage. If you face multiple long hospital visits, extended time out of work, and intense rehabilitation, a Katy drunk driving accident lawyer can help fight to collect the money you need so you don’t have to pay out of pocket.

Do you have to file your claim soon?

Yes, you do. According to the statute of limitations in Texas, you have two years from the date of your accident to file a Katy drunk driving accident claim. While two years may seem like a long time, medical treatments, surgeries, rehabilitation, and periods out of work can quickly make this time pass. Failing to file within this period means you can’t collect compensation from the negligent driver.

Got a Question? Contact the Trust Guss Team

Accident Lawyer, Stewart J. Guss

guss attorney's lined up with black background

Testimonials

They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

Katy Office

6701 Hwy Blvd Suite 205,
Katy, TX 77494

Areas Served:

Get a Free Consultation

2 minute response

24 hours a day, 7 Days a Week

Dedicated Trust Guss Intake Team

This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (281) 607-5632.
Contact Us