Can You Sue a Drunk Driver for Hitting You?

San Antonio has one of the highest numbers of drunk driving cases in the U.S., as it is the fourth-leading metro area in the country in per capita drunk driving arrests. Unfortunately, this also means there are increased drunk driving crashes in the city.

If a drunk driver hits you in San Antonio, causing injuries, you can sue them to recover damages. The drunk driver will be held liable for damages if it is established that their actions caused injuries. 

To successfully sue the drunk driver, you need to consult with an attorney to assess your case and determine whether or not you have a valid personal injury claim. At Cesar Ornelas Law Injury firm, our San Antonio drunk driving accident lawyers have the necessary legal resources and experience to handle your personal injury case.

Do You Have a Case?

To sue a drunk driver for compensation for your injuries, you will need to establish that the driver’s impairment due to alcohol was the cause of the accident. A San Antonio attorney can help to establish this causation through various types of evidence. 

First, you have strong evidence of a drunk driver’s liability if the police arrested the driver and they were later convicted of driving while intoxicated (DWI) or related charges. A conviction of DWI is automatic proof of liability for the purposes of your civil injury lawsuit. 

You can still have a case even if the driver was not convicted of DWI. If the driver was behaving erratically, such as swerving or weaving, witness testimony can prove they violated the rules of the road and were negligent when causing the crash. The burden of proof is lower in a civil case than criminal, so you have a chance of success in a lawsuit against a drunk driver even if they were not convicted. 

You always want an experienced attorney leading your case. 

Liability For Drunk Driving Accidents in San Antonio

Personal injury claims for drunk driving cases can be brought against anyone who is responsible for causing injuries. Liability for drunk driving may rest on one or multiple parties who should reimburse the victim for the injuries they suffered. 

The Drunk Driver 

A driver who is under the influence and is involved in an accident is typically considered responsible, whether partially or entirely. If the accident results in injuries, they are directly liable for the losses.

Drunk Driver’s Insurance Company

While the intoxicated driver is automatically presumed to be at fault for damages, the insurance company of the drunk driver often plays a significant role in compensating the victims. Insurance policies typically cover liability for drunk driving accidents caused by the insured. In the case of a drunk driving accident, the driver’s insurance may be called upon to compensate the injured parties.

Drunk Driver’s Employer

In certain situations, an employer may also be held liable if the drunk driver was on the job when the accident occurred. This is particularly relevant for individuals whose job involves driving, such as delivery drivers or truck drivers. If the employer knew or should have known about the driver’s impairment and allowed them to drive, they may share liability.

The Bar/Social Event Host That Served the Drunk Driver

In Texas, bars, restaurants, or other establishments that serve alcohol may be liable for accidents caused by a drunk patron if they continue to serve alcohol to an obviously intoxicated individual. These are known as dram shop laws.

Additionally, Texas also enforces a social host liability. When a host organizes a social function that involves drinking, he could be responsible for serving alcohol to underage guests, who then cause car crashes due to alcohol impairment. 

Recoverable Damages for San Antonio Drunk Driving Claim

In a San Antonio drunk driving claim, a civil lawsuit can compensate you and your family for the damages linked to the drunk driving accident. Victims may seek compensation for various economic and non-economic damages, such as:

  • Medical expenses
  • Lost wages
  • Property damage
  • Lost enjoyment of life
  • Pain and suffering
  • Loss of consortium
  • Punitive damages
  • Disability
  • Lost capacity to earn
  • Lost enjoyment of life

A civil lawsuit after suffering a crash that led to injuries may help get reimbursement for damages. Your San Antonio DUI attorney will help you determine the damages that reflect your losses for adequate compensation. 

How Can a Drunk Driving Attorney Help

A drunk driving attorney can assist victims in various ways when it comes to suing a drunk driver. Here are the ways they can be of help: 

  • Free case assessment: Your DWI attorney will carefully review the evidence, witness statements, and all relevant details. That way, they will be able to advise you on the best course of action according to the strength of your claim.
  • Determining liability: Establishing liability for drunk driving can be challenging, especially when multiple parties are involved. A lawyer will investigate the circumstances of the accident and prove that the intoxicated driver was at fault and that their impairment directly led to the accident and subsequent injuries.
  • Negotiating for proper compensation: Basically, insurance companies will try to offer low settlements. However, your attorney will engage with the responsible party’s insurance company to secure fair compensation for your injuries and losses.
  • Taking your case to court if necessary: In situations where negotiations do not yield a fair settlement, your attorney will take your case to court. They will build a strong legal argument, present your case before a judge, and advocate on your behalf to secure the compensation you need and deserve.

Contact San Antonio Drunk Driving Attorney Today 

If you have suffered injuries after being hit by a drunk driver, suing them is key to getting compensation for losses and injuries. This process requires informed legal action that would maximize the chances of fair compensation. 

At our firm, we represent car accident victims, safeguarding their rights throughout the legal process. A San Antonio drunk driving lawyer will handle your case and ensure you are justly reimbursed for your damages. Contact us to evaluate your case at no cost.


If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at: (855) 930-1149

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