Drunk Driving Accident Attorney in Austin
Injured by a Drunk Driver in Austin?
If you were injured by a drunk driver in Austin, you are likely already dealing with medical treatment, missed work, and pressure from insurance companies. You may also know that the at-fault driver was arrested or charged — and now you are asking the most important question: How do I protect myself and my future?
Drunk driving injury cases are different from ordinary car crash claims. They often involve stronger liability evidence, aggressive insurance defenses, and the potential for punitive damages. Smith & Vinson Law Firm represents injured victims — not insurance companies — and focuses on building powerful personal injury cases designed to recover full compensation under Texas law.
Our attorneys are available 24/7 to speak with you and provide a free, confidential consultation.
Why Choose Smith & Vinson Law Firm After a Drunk Driving Accident?
Smith & Vinson Law Firm is led by founding partners Jarrod L. Smith and Brad Vinson, highly respected trial attorneys with a reputation for aggressive advocacy and detailed case preparation. Both attorneys have earned Super Lawyers recognition and maintain 10.0 ratings on Avvo, reflecting peer respect and client satisfaction.
What sets our firm apart:
- Proven trial attorneys prepared to take cases to court
- Super Lawyers–recognized representation
- Available 24/7 for injured clients
- Free & confidential consultations
- No upfront fees — you pay nothing unless we win
Insurance companies know which law firms are willing to fight. We prepare every drunk driving injury case as if it will go to trial, which often leads to stronger settlements and better outcomes for our clients.
Call Smith & Vinson Law Firm today at (512) 359-3743 to discuss your case.
Understanding Drunk Driving Accidents in Texas
Under Texas law, a driver is considered legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher, or if alcohol or drugs impair their normal use of mental or physical faculties. Drunk driving crashes often involve additional evidence, such as police reports, breath or blood test results, field sobriety tests, and criminal charges.
Importantly, a drunk driving accident can result in both a criminal case and a personal injury claim. While prosecutors handle the criminal charges, injured victims must pursue compensation through a civil personal injury claim. Our firm focuses on holding drunk drivers financially accountable for the harm they cause.
Frequently Asked Questions
Do I have a case if the drunk driver was arrested?
Yes. A criminal arrest can strengthen a civil injury claim, but you still must file a personal injury case to recover compensation.
How long do I have to file a drunk driving injury claim in Texas?
Generally, you have two years from the date of the accident, though some cases require earlier action. Speak with an attorney as soon as possible.
What if the drunk driver had no insurance?
You may still have options through uninsured/underinsured motorist coverage or claims against other liable parties. We can review all available avenues.
If you've been hurt due to someone else's negligence—whether in a car accident, slip and fall, or workplace incident—you may have a right to compensation.
Criminal DUI Case vs. Civil Injury Claim
Many injured victims assume the criminal DUI case will automatically compensate them for their injuries. In reality, criminal charges are brought by the state and are focused on punishment—not financial recovery for victims. A civil personal injury claim is the legal process that allows injured individuals to recover compensation for medical expenses, lost income, pain and suffering, and other damages.
A drunk driver can be convicted in criminal court and still fight responsibility in a civil case. Our attorneys monitor criminal proceedings closely, but we pursue independent civil claims to protect your financial future.
Liability in Drunk Driving Injury Cases
In most drunk driving accidents, liability is clear—but additional responsible parties may also exist. Depending on the facts, liable parties may include:
- The intoxicated driver
- An employer, if the driver was working at the time
- A bar, restaurant, or alcohol provider under Texas dram shop laws
- A vehicle owner who negligently allowed an impaired person to drive
Texas’s Dram Shop Act allows injured victims to pursue claims against alcohol providers who overserved a visibly intoxicated person who later caused a crash. These cases require quick investigation and strong evidence, which our attorneys are prepared to handle.
Why Insurance Companies Fight Drunk Driving Injury Claims
Despite clear wrongdoing, insurance companies often fight drunk driving injury claims harder than expected. Adjusters may dispute the severity of injuries, argue pre-existing conditions, or delay negotiations to pressure victims into early settlements — especially when punitive damages are at stake.
Smith & Vinson Law Firm anticipates these tactics. We evaluate all available insurance coverage, including liability policies, uninsured or underinsured motorist coverage, and any excess or umbrella policies. When coverage is limited, we identify additional liable parties to maximize recovery.
Insurance Issues in Drunk Driving Accident Claims
Insurance companies frequently attempt to limit payouts even when their insured driver was intoxicated. Adjusters may question injury severity, argue pre-existing conditions, or delay claims to pressure victims into quick settlements. In some cases, policy limits may be insufficient to cover catastrophic injuries.
Smith & Vinson Law Firm evaluates all available insurance coverage, including liability policies, uninsured or underinsured motorist coverage, and excess or umbrella policies. We also identify additional liable parties when coverage is inadequate.
Texas Comparative Fault and Your Claim
Texas follows a modified comparative fault system. You may recover compensation as long as you are not more than 50% responsible for the accident. Any compensation awarded is reduced by your percentage of fault.
In drunk driving cases, intoxication often plays a significant role in establishing fault. Our attorneys work to gather evidence and counter any attempts by insurance companies to unfairly shift blame onto injured victims.
Punitive (Exemplary) Damages in Drunk Driving Cases
Texas law allows courts to award punitive (exemplary) damages when injuries are caused by gross negligence or extreme recklessness — including drunk driving. These damages are not meant to compensate for losses, but to punish dangerous behavior and deter future misconduct.
Punitive damages are not automatic and require strategic pleading, strong evidence, and trial-ready preparation. Insurance companies fight these claims aggressively. Smith & Vinson Law Firm evaluates every drunk driving injury case for punitive damage potential and builds the foundation early when the facts support it.
Compensation Available After a Drunk Driving Accident
A personal injury claim may allow you to recover compensation for:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Mental anguish and emotional distress
- Physical impairment or disfigurement
- Property damage
- In some cases, punitive (exemplary) damages intended to punish especially reckless conduct
We evaluate both current and long-term impacts of your injuries to pursue the full compensation you deserve.
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$180k Car Accident
Full Policy Limits Recovered for Injured Child - Our firm recently represented a young girl who suffered significant injuries when a reckless, uninsured driver slammed into her head-on. The at-fault driver carried no insurance, but we refused to let that leave our client without justice.
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$2.5M Personal Injury
Williamson County Live PD Raid: Our firm represented a family in a civil rights and personal injury case after Williamson County deputies staged a raid on their home for the reality show Live PD. The raid caused serious psychological and emotional injuries, leaving the family traumatized by an event that never should have happened.
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$75k Rear-End Collision
At our firm, we are proud to fight for clients who are injured through no fault of their own. In this case, our client was hit from behind when another driver recklessly smashed into her vehicle. She was left with painful injuries and faced mounting medical bills, missed work, and the stress that comes with being hurt in a crash.
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$810k Wrongful Death
Our client experienced every parent’s worst nightmare when an intruder entered the family’s home and attacked their young child. Hearing the struggle in the bedroom, the parent rushed in to fight off the attacker, but the child had already suffered catastrophic injuries. Despite being rushed to the hospital, the child later passed away.
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How Smith & Vinson Handles Drunk Driving Injury Cases
Our process is thorough and client-focused:
- Detailed investigation of the crash and intoxication evidence
- Review of criminal case materials and police reports
- Identification of all liable parties and insurance coverage
- Strategic negotiation with insurers
- Trial-ready litigation when fair settlement is not offered
We keep clients informed at every stage and provide clear, honest guidance throughout the legal process.
Speak With an Austin Drunk Driving Accident Lawyer Today
If you were injured by a drunk driver, timing matters. Evidence can disappear, witnesses fade, and insurance strategies begin immediately. Having experienced trial attorneys involved early can significantly affect the outcome of your case. We offer free & confidential consultations, are available 24/7, and charge no fees unless we recover compensation for you.
Call Smith & Vinson Law Firm today at (512) 359-3743 to speak with an experienced Austin drunk driving accident attorney and take the next step toward recovery.
