The First 5 Legal Steps to Take After Being Hit by a Drunk Driver in Texas

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.

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Angie Rodriguez
Angie Rodriguez
21:00 13 Jan 25
After being denied representation at several law firms, he took my case, true professional no gimmicks, this is the lawyer for legal problems! Did not require face to face at any time during my case
Joryi Tenorio
Joryi Tenorio
19:04 13 Jan 25
very good lawyer
Julio Cesar Martinez
Julio Cesar Martinez
17:58 13 Jan 25
Top-notch service from Mr. Joshua Daws! He was able to address and resolve my concerns that another firm was unable to do so (Salazar Law Firm). I was referred to Mr. Daws’s firm and I am grateful I crossed paths with him. Highly recommend working with Mr. Daws, you will not regret it! He was able to notify me of the offer that the at-fault party had sent, in which I was previously told there had been nothing. Mr. Daws is the real deal and will take any case big or small seriously. A very personable person and is always present to help and serve you! 👍
Joshua Ybarra
Joshua Ybarra
01:06 11 Jan 25
Daws & Assoc. were phenomenal in handling my case. They answered my questions and explained it so I could understand, they kept me up to date, and were professional from start to finish. Shoutout to Astrid for being so incredibly patient and wonderful!
Aron “OhMyLawd” Dominguez
Aron “OhMyLawd” Dominguez
22:12 27 Dec 24
Great Team. After the initial consult everything went smooth. Love the fact that they check up on the customer regularly. I like to be kept informed and they did just that! Josh goes out of his way to answer the calls even when it's after hours. Thanks for your feedback and a way to find a quick resolution to this situation. Definitely recommend and will continue services if needed I'm the future.
Malynda Coleman
Malynda Coleman
19:01 15 Nov 24
My car was totaled out and Mr Daws fought for me. Thank you Daws & Associates for helping make this case easy and stress free to me with the insurance companies.
Zia C
Zia C
15:56 09 Nov 24
I had the pleasure of working with Daws & Associates, PLLC after being involved in a car accident, and I can say without hesitation that they are a top-tier law firm. From the moment I reached out for assistance, Josh was professional, compassionate, and incredibly responsive.Josh was incredibly thorough in reviewing the details of my case, and walked me through each step of the process with patience and clarity. The communication was exceptional—always prompt, transparent, and informative. Josh took the time to answer all of my questions and ensure I understood every aspect of my case, making what could have been a stressful experience much more manageable. A personal thank you to Astrid, as well, for her assistance!What impressed me most was their unwavering commitment to achieving the best possible outcome. Josh worked tirelessly on my behalf, negotiating with the insurance company and securing a settlement that exceeded my expectations, considering the unique circumstances of my case.Daws & Associates, PLLC exemplifies professionalism, integrity, and exceptional client service. If you are in need of legal assistance after a car accident, I highly recommend Daws & Associates, PLLC. Their professionalism, expertise, and client-focused approach make them an exceptional choice for anyone seeking reliable and effective legal representation.
Carlos Ramirez
Carlos Ramirez
12:58 31 Oct 24
Josh Daws and his associates helped me out tremendously in a complicated liability case. They took the time to provide timely updates, explain the process from start to end, and hear my concerns. When calling I was able to promptly speak to Josh, or somebody knowledgeable. They were able to secure me a settlement that I was content with. They also recommended quality medical care. I would recommend Daws & Associates to my family and friends.
Juan Ramirez
Juan Ramirez
02:47 13 Aug 24
I can't recommend a better lawyer than Joshua Daws and his team. They did me a great service with my first incident throughout the whole ordeal. He made everything easy by appointing me to the proper recovery facilities, communicating with me, and providing guidance all along the way.Joshua went above and beyond to get the best results in a tough case. The work that went on behind the scenes was beyond my expectations. You should have no doubts when you come to Joshua Daws, because he will get you the best outcome.Thank you for representing me!
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