Houston
Drunk Driving Accident Claim Lawyers

Drunk driving accidents are among the most preventable and devastating crashes on Texas roads.

When someone chooses to drive under the influence of alcohol or drugs, they place everyone around them at risk. Victims of drunk driving accidents often suffer severe injuries that can affect their health, finances, and families long after the criminal case fades into the background.

At Diamond Injury Law, we vigorously represent victims of drunk driving accidents across Houston and throughout Texas who are pursuing insurance claims and civil compensation for their injuries. While the state may pursue criminal charges against the impaired driver, our focus is on protecting you. You don’t need to wait for the criminal case to resolve before you take action to protect yourself and your claim.

You or a loved one shouldn’t have to suffer because of someone else’s reckless decision. We make sure that your injuries are taken seriously and your claim isn’t rushed, minimized, or ignored by insurance companies. When someone else decides to grab the drugs or alcohol . . . you grab the phone and call Diamond Personal Injury Law.

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Drunk Driving Accidents in Houston and The Woodlands

While drunk driving is a statewide issue, it is a particularly severe threat to our local community. Montgomery County consistently ranks among the deadliest counties in Texas for roadway fatalities, with DWI being the most frequently committed crime in the county. A 2025 study found that 46% of traffic fatalities in Texas involved alcohol—the highest percentage in the nation—with Montgomery County serving as a significant contributor to this statistic.

46
%

OF TEXAS TRAFFIC FATALITIES INVOLVED ALCOHOL —
THE HIGHEST IN THE NATION.

These high fatality rates are often attributed to our status as a major commuter hub and the presence of rural roads that lack adequate street lighting, creating a dangerous environment when impaired drivers are on the road.

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Despite public awareness campaigns and strict laws, impaired drivers continue to cause severe and fatal crashes on Texas roadways.

These accidents frequently occur:

  • Late at night and early morning hours
  • Near entertainment districts and nightlife areas
  • During holidays and weekends
  • On major highways and busy city streets

Drivers impaired by alcohol or drugs often have reduced reaction times, impaired judgment, and difficulty maintaining control of their vehicle. These factors dramatically increase the risk of severe crashes.

When intoxicated drivers cause accidents, victims may face significant medical expenses, lost income, and long-term recovery challenges.

In Texas, alcohol-related driving offenses are categorized differently depending on the driver’s age:

  • DWI (Driving While Intoxicated): Applies to drivers 21 and over who are impaired by alcohol or drugs, typically with a blood alcohol concentration (BAC) of 0.08% or higher (though impairment can be proven at lower levels.)
  • DUI (Driving Under the Influence): Applies to drivers under 21 with any detectable amount of alcohol in their system under Texas’s zero-tolerance law.

Whether the at-fault driver is charged with DWI or DUI, victims of drunk driving accidents have the right to pursue compensation through insurance claims or a personal injury lawsuit. These cases often involve heightened liability issues and insurers that aggressively try to limit payouts, even when fault seems obvious.

A Houston drunk driving accident claim lawyer helps ensure that insurers don’t downplay the seriousness of the crash or treat it like “just another accident.”

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Why Drunk Driving Accident Claims Are Different

Drunk driving accidents often involve clear negligence.

When a driver operates a vehicle while intoxicated, they violate both criminal laws and the duty to drive safely.

Because of this, liability in drunk driving accident claims is often easier to establish than in other types of car accident cases where fault may be disputed.

However, even in drunk driving cases, insurance companies may still attempt to:

  • Dispute the severity of injuries
  • Minimize medical treatment
  • Pressure victims into early settlements
  • Argue comparative fault

For this reason, understanding your legal options and the potential value of your claim is important before agreeing to any settlement.

Evidence in Drunk Driving Accident Claims

Several types of evidence may play an important role in proving a drunk driving accident claim.

These may include:

  • Police accident reports
  • Breathalyzer or blood test results
  • Officer observations of impairment
  • Witness statements
  • Dashcam or surveillance video
  • Medical records documenting injuries

Video evidence can be especially valuable when reconstructing how a crash occurred. Understanding how dashcam evidence can strengthen a car accident claim may help preserve important proof.

Because evidence can disappear quickly after an accident, early investigation can be critical.

Additional Liability in Drunk Driving Cases

In some drunk driving accident cases, additional parties may also share responsibility for the crash.

Under Texas law, businesses that serve alcohol may potentially be held liable if they overserve alcohol to an obviously intoxicated person who later causes a crash.

These cases are sometimes referred to as dram shop claims.

Depending on the circumstances, potential liable parties may include:

  • The intoxicated driver
  • Bars or restaurants that overserved alcohol
  • Other negligent drivers involved in the crash

Identifying all possible sources of compensation can be an important part of building a strong claim.

What to Do After Being Injured by a Drunk Driver

Being hit by a drunk driver is a stressful and infuriating experience, but it’s important to keep your head. The steps you take after a drunk driving accident can make a significant difference in your recovery and your ability to pursue a successful insurance claim.

If you believe the driver who hit you was impaired, take these steps whenever possible:

1

Put Safety First:

If you can, move your vehicle out of traffic to a safe spot and call emergency services. Ensure that police and medical personnel are dispatched to the scene. A police report gives an official, unbiased account of the accident, which is important for insurance purposes.
2

Get Checked Out:

Even if you feel okay, adrenaline can hide injuries like whiplash, concussions, or internal bleeding. See a doctor as soon as possible at a nearby hospital. Include suggests EMS transport and ER evaluation (even if you “think” you’re just ok). Many internal injuries may not manifest immediately and sometimes what appear to be simple “soft tissue” issues can be symptoms of something greater.
3

Document the scene:

Take photos of vehicle damage, road conditions, and any visible injuries. Make sure to exchange contact and insurance info with the other driver. Photos could include:

  • Before and after photos of the motor vehicle (inside and outside)
  • Photos of any immediate apparent physical and emotional reactions of any affected parties
  • Any debris that may have deposited outside the immediate crash area
  • Any street signs and traffic lights
  • Any on scene first responders, including third party witnesses and good Samaritans
  • Any other motor vehicle involved in the accident (including license plate numbers and VIN)
  • Photos of any emergency medical treatment (on-site EMS, ER hospital rooms, medical intervention, such as casts, bandages, etc.)
  • Documents received from any first responders (incident reports, crash exchange reports, tickets/citations, etc.)
4

Don’t Admit Fault:

Don’t provide ANY statement (factual or fault-related) to ANYONE without first consulting with a Houston motor vehicle accident lawyer.
5

Call Diamond Injury Law! Available 24/7:

Before speaking with an insurance adjuster, reach out to Diamond Injury Law. Getting professional advice early helps protect your rights.

Insurance companies often move fast in these cases, and there may also be a DWI/DUI criminal case against the impaired driver happening at the same time. It’s crucial that you have a fierce legal advocate by your side throughout this process.

Damages You Can Recover After a Drunk Driving Accident

Drunk driving accidents don’t just result in a damaged car. They can cause serious financial and emotional consequences for injured victims. Demonstrating that the at-fault driver was impaired can go a long way toward establishing fault and entitling you to compensation for your losses.

Depending on the circumstances of your case, recoverable damages may include:

  • Medical expenses: Emergency care, hospital stays, surgeries, diagnostic imaging, physical therapy, and ongoing treatment.
  • Lost wages and reduced earning capacity: Income lost while recovering from injuries and unable to work.
  • Future medical care: Some injuries require ongoing treatment or rehabilitation.
  • Pain and suffering: Compensation for the physical pain and emotional distress caused by the accident.
  • Property damage and out-of-pocket costs: Damage to your vehicle and any other personal property
  • Loss of consortium, family time, and enjoyment of life: When injuries limit a person’s ability to engage in activities they once enjoyed, including the companionship of a lost loved one.

An experienced car accident attorney can help make sure that you are receiving the full value of your damages in compensation. It’s crucial that you reach out as soon as possible to get started on your case.

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How Diamond Injury Helps With Your Drunk Driving Accident Claim

At Diamond Injury Law, our legal team has firsthand experience with car accident claims, and we understand what victims of drunk driving accidents are going through. That’s why we aren’t afraid to stand up to insurance companies and defense lawyers and fight for our clients to receive the compensation they deserve.

When you work with our team, we handle every aspect of your drunk driving accident insurance claim, including:

  • Investigating the crash: We review police reports, toxicology findings, and accident evidence.
  • Establishing liability: We work to demonstrate impairment and fault in the other driver in order to build your case.
  • Keeping Tabs on the Criminal Case: We help you stay up to date on every aspect of your case, including whether the at-fault driver is facing criminal consequences for a DWI/DUI.
  • Documenting damages: We gather evidence in the form of medical records, lost income, and the cost of long-term impacts, including demonstrating the value of emotional consequences such as pain and suffering.
  • Filing a claim: We handle all paperwork and deadlines, making sure your claim is filed correctly and on time under Texas law.
  • Negotiating with insurers: We push back against delay tactics and lowball offers, and stand up to insurance companies and defense lawyers at the negotiating table.
  • Preparing for litigation: If insurers refuse to play fair, we are prepared to take the next step and take your case to court.

Our goal is to make sure your claim reflects the full weight of what you’ve been through. The at-fault driver made a dangerous and sometimes deadly decision, and you deserve compensation for the damages caused to you or the effect it has on the family of survivors after a death-related DWI. At Diamond Injury Law, it’s our job to get you that justice.

Frequently Asked Questions

Do you handle criminal DWI or DUI criminal cases?

No. Diamond Injury Law represents victims of drunk driving accidents by pursuing insurance claims and civil compensation only. The state will handle any criminal charges that the drunk driver may face.

What’s the difference between DWI and DUI in Texas?

DWI applies to adults 21 and over who are impaired by alcohol or drugs. DUI applies to minors under 21 with any detectable alcohol in their system.

What happens if a drunk driver causes an accident?

If an intoxicated driver causes a crash, they may be held financially responsible for the injuries and damages that result from the accident.

Can a bar or restaurant be responsible for a drunk driving accident?

In some situations, Texas law allows claims against businesses that served alcohol to a visibly intoxicated person who later caused an accident.

What if the drunk driver does not have insurance?

If the at-fault driver is uninsured or underinsured, it may still be possible to pursue compensation through uninsured or underinsured motorist coverage (UM/UIM) or other available sources.

Can I still file a claim if the driver wasn’t convicted?

Yes. Insurance claims are separate from criminal cases. Regardless of whether the at-fault driver was convicted for a DWI/DUI or not, you still have a claim.

Do I have to prove that the driver was drunk to receive compensation?

No. Evidence that the at-fault driver was impaired can be a powerful part of building your claim. But all you need to do to establish liability is demonstrate that the driver was at fault for your accident.

How long do I have to file a drunk driving accident claim in Texas?

Generally, the statute of limitations is two years from the date of the accident. Acting sooner helps preserve evidence and strengthens your claim.

Can my immigration status affect my drunk driving accident claim?

Your immigration status generally does not prevent you from pursuing compensation after a car accident. Texas courts focus on whether another party’s negligence caused your injuries, not your immigration status. Texas law generally allows injured individuals to seek compensation when another party’s negligence causes harm, regardless of immigration status. Courts typically focus on the facts of the accident, liability, and the injuries involved, rather than a person’s immigration situation.

Get Help After a Houston Drunk Driving Accident

Drunk driving accidents often leave victims dealing with serious injuries, financial strain, and uncertainty about what comes next.

If you or a loved one has been injured by an intoxicated driver, understanding your legal rights can be an important step toward recovery.

At Diamond Injury Law, we help accident victims across Houston evaluate their claims with urgency and focus, while protecting critical evidence, and pursuing compensation for the injuries they have suffered. deserve clarity, accountability, and an advocate who will take your claim seriously. Contact us today to schedule a consultation and learn how we may be able to help you move forward after a serious drunk driving accident.

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