Getting hit by a drunk driving offender isn’t just another accident—it’s a traumatic, life-altering event that leaves you facing medical bills, emotional stress, and financial hardship. In greater Houston and across Texas, driving under the influence causes thousands of crashes each year. It’s a harsh reality many car accident victims endure. In the aftermath, between hospital visits and insurance claims, you might feel overwhelmed and unsure of your legal options. But what you do immediately after a crash shapes your personal injury case and impacts your future. Here’s a breakdown of the first five legal steps to take after being hit by a drunk driver in Texas to help you regain control.
Step 1 – Ensure Safety and Call Emergency Services
Your first priority is safety. Move your vehicle off the road if possible, call 911 immediately, and request an ambulance if anyone is injured. Reporting the accident creates an official record, which will be crucial for your personal injury law claim later.
Prioritize Health and Safety First
Even if you feel fine, internal organ damage, brain trauma, or internal bleeding might not be immediately obvious. Seek emergency medicine attention promptly. Your health care and future physical therapy needs depend on early action.
Why a 911 Call Is Legally and Medically Crucial
Calling the police ensures that critical evidence is preserved and documented. A Houston police department report solidifies important facts, such as signs of alcohol behavior and whether a seat belt was used. This can support your personal injury claims later.
Request a Police Report at the Scene
Be sure to request the report number and officer’s contact information. This official document will later support your claim for damages, punitive damages, or even a wrongful death claim if needed.
Step 2 – Gather Evidence at the Scene (If You Can)
If physically able, collect as much evidence as possible before the vehicle accident scene is cleared. These first moments are often your best chance.
Take Photos of Vehicle Damage, License Plates, and Surroundings
Photograph the entire intersection, all vehicles involved, road conditions, traffic signs, traffic lights, and any visible injuries. Capture the property damage and anything pointing to reckless driving or distracted driving.
Get Contact Info from Witnesses and the Other Driver
Ask bystanders for their contact information and a witness statement. They may have noticed signs of intoxication or failure to maintain proper driving behavior. Having a credible expert witness later strengthens your case during discovery or deposition.
Ask About Signs of Intoxication for the Record
If witnesses notice slurred speech, tailgating, speed limit violations, or open alcohol containers, make sure it’s reported to the police. It’s evidence that will be critical for establishing negligence and legal liability.
Step 3 – Seek Immediate Medical Attention
Your health comes first. Even if you feel okay, symptoms from serious injuries like spinal cord trauma, back pain, or soft tissue injuries can surface days later.
Go to the ER Even If Injuries Seem Minor
Doctors will document everything from a simple bruise to a serious wound in your medical record, creating the foundation for your claim’s burden of proof.
Medical Records Are Vital for a Legal Case
Every health insurance claim, therapy session, and diagnostic scan becomes part of the evidence package to claim rightful compensation and fight insurance company resistance.
Common Hidden Injuries After Drunk Driving Collisions
Concussions, neck injuries, ligament damage, or tissue injuries often aren’t immediately visible but cause significant pain and anguish later. Timely documentation ensures full financial compensation for both physical and emotional distress.
Step 4 – Notify Your Insurance Company (Carefully)
You must notify your insurance company quickly, but proceed with caution.
Report the Accident Promptly, but Be Cautious
Stick strictly to the facts: date, time, location, and basic circumstances. Indicate the other driver is suspected of driving under the influence, but avoid emotional or speculative statements.
Avoid Admitting Fault or Speculating About the Incident
Simple comments like “I didn’t see them” can damage your position if a lawsuit arises. Let investigators and your lawyer handle questions about causation and comparative negligence.
What to Say and Not Say to Your Insurer
Give clear, limited information. Do not discuss the extent of injuries until evaluated by a medical professional. Remember, your own insurance policy terms like personal injury protection or liability insurance may apply.
Step 5 – Contact a DUI Accident Lawyer in Texas
Engaging an experienced attorney specializing in DUI cases early can make or break your personal injury lawsuit.
Why Legal Counsel Is Crucial After a Drunk Driving Accident
A seasoned lawyer in Houston can handle negotiation, pursue settlement, and protect you from bad-faith practices by insurance companies. They navigate everything from damages assessment to court trial preparation if needed.
What a Lawyer Can Do That You Can’t
An attorney manages complex legal procedures like gathering surveillance footage, preserving evidence, consulting medical expert witnesses, and preparing for a potential jury verdict. They also ensure filing deadlines under the statute of limitations aren’t missed.
Choosing a Lawyer Familiar with Texas Drunk Driving Laws
Select someone who knows Texas DUI law, causation requirements, duty of care, and legal liability rules. Firms like Daws & Associates, PLLC offer specialized experience in Houston for auto accident, truck accident, and personal injury claim cases.
Bonus Tip – Know Your Rights as a Victim
Victims of drunk driving have powerful legal rights under Texas law.
Can You Sue a Drunk Driver in Texas?
Absolutely. You can file a civil lawsuit to recover for property damage, medical expense, lost income, emotional anguish, and even loss of consortium.
Understanding Victim Compensation and Punitive Damages
Texas courts sometimes award punitive damages in DUI cases to punish egregious behavior. Victims may also apply for compensation through the state’s victim fund programs.
Time Limits: Texas Statute of Limitations for DUI Claims
You generally have two years from the date of the crash to file your claim. Early evaluation strengthens your position and preserves crucial information.
Conclusion: Take Control, One Legal Step at a Time
Being hit by a drunk driver is devastating, but you have rights and options. By prioritizing your health, collecting strong evidence, notifying your insurance wisely, and securing expert legal help, you can rebuild after trauma. Don’t leave your future to chance—let experienced firms like Daws & Associates, PLLC handle the legal battle while you focus on healing. Book a free consultation today and take the next step toward justice, recovery, and financial security.