Drunk Driving Accident Lawyer in Fort Worth

Get the compensation you deserve

The dangers of drinking and driving have been well documented for decades. But despite regular crackdowns on drivers who get behind the wheel after drinking too much alcohol, drunk driving accidents cause more injuries and fatalities in Texas than in any other state. Fort Worth, Dallas, and surrounding communities are no exception. When a driver's intoxicated, he or she is at much higher risk of causing a serious, potentially fatal car crash. These drivers need to be held accountable for their reckless behavior.

Fort Worth drunk driving accident attorney Coby L. Wooten has worked diligently to bring drunk drivers to justice for two decades. He has fought for the rights of accident victims who've had their lives turned upside down after being hit by an intoxicated driver. These drivers cause approximately one-third of all car accident fatalities in Texas, not to mention a long list of car accident injuries that range from broken bones and fractures, to debilitating neck and spinal cord injuries, to traumatic brain injuries. Drunk drivers kill innocent people every day in Texas. That's why we will fight so hard for you and your family.

What to do if you’re hit by a drunk driver

Being hit by a drunk driver is a terrifying experience, and in the chaos, it’s hard to know what to do next. Taking the right steps can protect your health, your rights, and your ability to recover compensation. Here’s what to do:

• Call 911 and get medical help: First, check yourself and any passengers for injuries. If it’s safe, move your vehicle out of traffic and turn on your hazard lights. Call 911 immediately to report the accident and request medical assistance. Texas law requires police involvement in crashes with injuries or significant damage. Officers will assess the situation, conduct sobriety tests, and document the drunk driver’s condition.
• Let the police handle the driver: If the other driver seems intoxicated, avoid confrontation. Drunk drivers can be unpredictable, so keep your distance and wait for law enforcement. Share what you observed, such as slurred speech or erratic driving, but stick to the facts.
• Gather evidence: If you’re able, take photos of the scene, vehicle damage, and any visible injuries. Get contact information from witnesses and ask officers how to obtain the police report.
• Get medical attention: Even if you feel okay, see a doctor. Some injuries take time to appear, and medical records link your injuries to the crash.
• Contact your insurance company: Report the crash, but don’t speculate about fault or accept a settlement without legal advice.
• Speak with a lawyer: A personal injury lawyer can handle insurance negotiations and fight for the compensation you deserve while you focus on recovery.

Criminal vs. civil cases in drunk driving accidents

Drunk driving accidents can result in two separate legal proceedings: a criminal case and a civil case. It’s important to understand the difference. The criminal case is brought by the government (through a prosecutor) to address the laws broken by the drunk driver, whereas the civil case is brought by the injured victim to recover monetary damages for their losses.

In Texas, driving while intoxicated (DWI) is a crime. If a drunk driver caused your accident, they will likely be arrested and charged under criminal law. The prosecutor must prove beyond a reasonable doubt that the driver was intoxicated and operating a vehicle. Penalties depend on the circumstances. For a first-offense DWI (a misdemeanor), penalties can include up to 180 days in jail, a fine up to $2,000, and license suspension (among other consequences)​.

Repeat offenses result in higher fines and longer jail time​. If the crash caused serious injuries or death, the drunk driver can face felony charges like Intoxication Assault or Intoxication Manslaughter, which carry much harsher penalties (for example, Intoxication Manslaughter is a second-degree felony punishable by 2–20 years in prison and a $10,000 fine​).

To actually recover compensation for your losses, you will need to pursue a civil case (a personal injury claim or lawsuit) against the drunk driver. A civil case is completely separate from the criminal DWI case. You, as the injured party, have the right to file a lawsuit seeking money damages for things like medical expenses, lost wages, property damage, pain and suffering, and more​.

In the civil case, you generally must prove the drunk driver was negligent (or acted with gross negligence) in causing the crash – essentially showing that they breached their duty by driving drunk and that this caused your injuries.

Can I sue a bar or restaurant after a drunk driving accident in Texas?

In Texas, you can sue a bar or restaurant after a drunk driving accident under the state’s dram shop liability law. Dram shop liability refers to the legal responsibility of alcohol servers for the actions of their intoxicated patrons. If a bar, restaurant, or other alcohol vendor overserves a customer who then causes a drunk driving accident, you may have the right to sue that establishment for damages​. Here are some instances when dram shop liability applies:

Obvious intoxication at service

The bar or restaurant sold or served alcohol to someone who was “obviously intoxicated” at the time, to the point that they posed a clear danger to themselves or others​. This usually means the patron showed clear signs of impairment (such as slurred speech, staggering, or extreme intoxication) that any reasonable person serving them would have recognized. (Serving alcohol to a minor can also qualify under dram shop laws and is itself illegal.)

Proximate cause of damages

The intoxication of that patron must have been a direct cause of the accident and the injuries in question​. In legal terms, the over-service of alcohol has to be a proximate cause of the harm. This means you need to show that if the bar had not continued serving the visibly drunk person, the crash likely would not have happened. For example, if a bartender kept serving a patron who was stumbling and incoherent, and that patron then immediately drove off and caused a wreck, the connection between the over-service and the crash is clear. But if hours passed or a different cause intervened, it might be harder to link the establishment to the accident.

Does car insurance cover drunk driving accidents?

The short answer is “yes,” but it depends on the situation. If the drunk driver is found at fault for the accident, then their liability insurance should cover your injuries. But even a drunk driver is not automatically at fault – you still need evidence to prove that their negligence caused your injuries.

Depending on the situation, you may have other options as well. You may have access to certain benefits through your own insurance company. You may also be able to pursue a “dram shop” claim against the bar or other establishment that served alcohol to the drunk driver. Because there are so many factors that can affect your recovery, there is no single average settlement for a drunk driving accident. The only way to know what your case is worth is to talk to an attorney with experience handling drunk driving claims.

How much is my drunk driving accident claim worth?

Determining the worth of a drunk driving accident claim can be complicated because each case is unique. In Texas, compensation for such claims often falls between $50,000 and $500,000, but this is just a general range. The actual settlement could be more or less, depending on the specific details of your accident.

Drivers under the influence of alcohol hurt innocent people. Fight back. Contact us today

Dealing with drunk drivers - and their insurance companies - can be difficult and confusing. Even when the cause of your car crash may be obvious, insurance companies often do everything they can to pay you as little as possible. That's not right. Attorney Wooten knows how to meet the challenges that victims of drunk driving accidents face. From interviewing witnesses to examining police reports and medical records, we leave no stone unturned in our pursuit of justice. After all, you didn't cause your accident. Why should you have to pay for somebody else's mistake?

Whether you were rear-ended by a drunk driver or involved in a hit-and-run, legal help is available. Some lawyers tell clients what they want to hear. Fort Worth drunk driving accident attorney Coby L. Wooten gives honest answers to difficult questions. That's because he's focused on what really matters: getting people the compensation they deserve for their injuries. Case results matter - and so do you. Contact Coby L. Wooten, Attorney at Law, P.C., today. If you were hit by a drunk driver, call (866) 408-0940 to schedule an appointment at our Fort Worth office. Serving families in Fort Worth, Dallas, Arlington and throughout Texas. Contact our Dallas, TX personal injury law firm today.