San Antonio Drunk Driving Accident Lawyer

Drunk driving accidents leave victims with severe injuries, financial stress, and legal complications. Medical expenses, lost wages, and ongoing care can create a lasting burden. The law allows injured individuals to seek compensation, but insurance companies often attempt to minimize payouts or deny claims.

Ryan Orsatti Law represents victims who were injured by negligent drunk drivers in San Antonio, ensuring that responsible parties are held accountable. If a reckless driver has caused harm, legal action may be necessary to secure financial recovery.

Call 210-934-6957 for a free consultation with a San Antonio drunk driving accident lawyer today.

Texas Laws on Drunk Driving Accidents

Texas law strictly prohibits driving under the influence. A driver is legally intoxicated if their blood alcohol concentration (BAC) reaches 0.08% or higher. However, impairment can occur at lower levels, particularly in cases involving prescription drugs or illegal substances.

DWI vs. DUI in Texas

Driving While Intoxicated (DWI). Applies to adults operating a vehicle with a BAC of 0.08% or higher or impaired due to alcohol or drugs.
Driving Under the Influence (DUI). Specific to drivers under 21 who have any detectable alcohol in their system.

Criminal Charges vs. Civil Claims

A driver arrested for DWI can face criminal penalties, including fines, license suspension, and jail time. However, criminal cases do not provide financial compensation to the victim unless ordered to pay restitution. A civil claim must be filed to recover damages for medical costs, lost income, and other losses.

Statute of Limitations for Drunk Driving Accident Claims

Texas law typically permits a personal injury claim to be filed two years after the accident. Failure to take legal action within this timeframe may result in the loss of compensation rights.

Who Can Be Held Liable in a Drunk Driving Accident?

The driver who caused the crash is not always the only responsible party. Texas law allows injury victims to hold multiple entities accountable if their actions contributed to the accident.

Drunk Driver Liability

Under Texas law, a driver who operates a vehicle under the influence is considered negligent. If their impaired driving causes harm, they can be held financially responsible for damages.

Employer Responsibility

When a commercial driver causes a crash while intoxicated, their employer may also be liable. This applies if the company:

Failed to conduct proper background checks.
Ignored previous alcohol-related violations.
Encouraged long shifts without adequate rest periods.

Dram Shop Liability: Holding Bars and Restaurants Accountable

Texas Dram Shop Laws allow victims to file claims against businesses that over-serve alcohol to visibly intoxicated individuals who later cause an accident. This can apply to:

Bars or restaurants that continued serving an impaired customer.
Liquor stores that sold alcohol to a visibly intoxicated person.
Private event hosts who served alcohol to a guest who was already impaired.

Government Liability for Road Conditions

Poor road maintenance or faulty traffic signals can contribute to accidents. Local or state governments may sometimes be held responsible if unsafe conditions caused the crash.

What Compensation is Available for Drunk Driving Accident Victims?

Victims of drunk driving accidents in San Antonio often experience long-term medical issues, emotional trauma, and financial hardship. Compensation is available to cover various losses.

Medical Expenses

A personal injury claim can help recover the costs of:

Emergency medical care.
Surgeries and hospital stays.
Physical therapy and rehabilitation.
Prescription medications and assistive devices.

Lost Wages and Future Earnings

Many accident victims are unable to return to work immediately. Compensation may include:

Wages lost during recovery.
Reduced earning capacity if the injury prevents returning to the same job.
Loss of future opportunities due to permanent impairment.

Pain and Suffering

Severe injuries often cause significant physical and emotional distress. Compensation may be awarded for:

Chronic pain.
Emotional distress, including anxiety or PTSD.
Loss of enjoyment of life.

Punitive Damages

Texas law allows additional compensation in cases of extreme recklessness. Punitive damages are designed to punish the intoxicated driver and discourage similar behavior in the future.

How Ryan Orsatti Law Can Help After a Drunk Driving Accident

Handling an injury claim without legal representation can be overwhelming. Insurance companies often pressure victims into accepting low settlements, and proving liability requires strong evidence. Ryan Orsatti Law assists clients by:

Conducting a Thorough Investigation

Gathering police reports, breathalyzer results, and toxicology screenings.
Reviewing security footage or dashcam recordings.
Interviewing witnesses who saw the driver’s behavior before the crash.

Handling Insurance Companies

Preventing adjusters from using misleading tactics to reduce payouts.
Negotiating for a fair settlement that includes past and future medical costs, lost income, past and future pain and suffering, and long-term care.
Preparing legal action if the insurer refuses to pay a reasonable amount.

Taking the Case to Court if Necessary

Some insurance companies refuse to negotiate fairly. If needed, Ryan Orsatti Law is prepared to take the case to trial to secure the compensation the client deserves.

What to Do After a Drunk Driving Accident

After receiving medical care, the following steps focus on securing compensation. Insurance companies may attempt to contact victims early in the process, but it is recommended that they speak with a lawyer first.

Avoid Speaking with Insurance Adjusters Alone

Insurance representatives often try to:

Get recorded statements that may be used to reduce the claim’s value.
Offer quick settlements before the full extent of injuries is known.
Shift blame onto the victim to limit financial liability.

Gather Documentation to Strengthen the Case

Keeping records can support a legal claim. Helpful documentation includes:

Copies of hospital bills, treatment records, and therapy receipts.
Photos of vehicle damage, injuries, and the accident scene.
Notes about how the injury impacts daily activities and work responsibilities.

Follow All Medical Recommendations

Insurance companies may argue that the injuries are not serious if treatment plans are not followed. Attending all appointments and completing recommended therapy helps strengthen the case.

Consult a Lawyer as Soon as Possible

The legal process can take time, and gathering evidence early is important. A San Antonio DUI/DWI accident attorney ensures that:

All responsible parties are identified.
Insurance companies do not delay or deny valid claims.
Compensation is pursued aggressively.

Ryan Orsatti Law is available to discuss legal options. Call 210-934-6957 for a free consultation.

Wrongful Death Claims in Drunk Driving Accidents

Some DUI/DWI crashes result in fatalities, leaving families with emotional and financial burdens. When this happens, Texas law allows certain family members to pursue compensation through a wrongful death lawsuit.

Who Can File a Wrongful Death Claim?

Under Texas law, the right to file belongs to:

Spouses
Children
Parents

If none of these family members take legal action, the estate’s representative may file on behalf of the deceased’s beneficiaries.

Types of Compensation Available

A wrongful death lawsuit can help surviving family members recover damages, including:

Funeral and burial costs
Loss of financial support the deceased would have provided
Loss of companionship and emotional distress

How a Wrongful Death Case Differs From a Personal Injury Claim

While both cases involve legal action against the at-fault driver, wrongful death lawsuits focus on the losses suffered by the surviving family rather than the direct injuries sustained by the victim.

Common Tactics Insurance Companies Use to Reduce Payouts

Insurance companies often attempt to limit their financial responsibility in drunk driving accident cases, even when the driver’s fault is apparent. Victims should be aware of common strategies used to justify lower settlement offers.

Shifting Blame to the Victim

Insurance adjusters may claim that:

The pedestrian or another driver contributed to the accident.
The victim was distracted and could have avoided the crash.
Road conditions, weather, or other factors played a role.

Downplaying Injuries

Insurers may argue that medical treatment was excessive or unnecessary, using tactics such as:

Requesting additional examinations from doctors they choose.
Questioning whether the injuries were pre-existing.
Claiming that symptoms should have resolved sooner.

Delaying the Claim Process

Some insurance companies drag out the claims process, hoping drunk driving injury victims will accept a lower offer out of frustration or financial need.

Lowball Settlement Offers

Early settlement offers rarely reflect the full impact of an injury. Insurance companies may offer quick payouts before the long-term effects of the crash are fully known.

Speaking with a lawyer before accepting any settlement ensures all damages are accounted for.

Hit-and-Run Drunk Driving Accidents

Some intoxicated drivers flee the scene, leaving victims without immediate answers. This can complicate the recovery process, but legal options remain available.

What to Do If the Drunk Driver Left the Scene

If a hit-and-run driver cannot be identified, victims may still recover compensation through:

Uninsured motorist (UM) coverage – Many auto insurance policies cover injuries caused by unidentified drivers.
Crime victim compensation programs – Certain state resources assist those injured in hit-and-run incidents.
Investigations into third-party liability – Security footage, witness statements, or other factors may help track down the driver.

Prompt legal action improves the chances of identifying the driver or securing compensation from other sources.

How to Prove the Driver Was Drunk at the Time of the Accident

To recover damages, it must be shown that the driver was impaired when the crash occurred. Evidence used to establish this includes:

Breathalyzer and Blood Test Results

Official blood alcohol concentration (BAC) records showing intoxication levels.
Drug screening results, if substances other than alcohol were involved.

Police Reports and Arrest Records

Officer observations regarding slurred speech, unsteady movement, or odor of alcohol.
Field sobriety test results were conducted at the scene.
Any prior DUI convictions that indicate a pattern of reckless behavior.

Surveillance Footage and Witness Testimony

Bar, restaurant, or convenience store footage showing the driver consuming alcohol before the crash.
Statements from bartenders, waitstaff, or other witnesses confirming excessive drinking.

Social Media and Digital Evidence

Posts, messages, or photos suggest the driver had been drinking before getting behind the wheel.
Timestamped receipts showing alcohol purchases before the accident.

Steps to Take If a Drunk Driver Had No Insurance

If the intoxicated driver does not have liability insurance, additional steps may be needed to recover compensation.

Filing a Claim Through Uninsured Motorist Coverage

Many auto insurance policies include uninsured/underinsured motorist (UM/UIM) coverage, which can compensate when the at-fault driver lacks insurance.

Identifying Other Liable Parties

Dram shop liability. If a business over-serves the driver, it may share responsibility.
Employer responsibility. If the driver was working at the time, their employer could be liable.
Vehicle owner liability. The owner’s insurance may provide coverage if the driver borrows a car.

Pursuing a Personal Injury Lawsuit Against the Driver

Although collecting damages directly from an uninsured individual can be difficult, certain assets may be used to pay compensation. Legal action may result in wage garnishments or structured payment plans.

Why Some Drunk Driving Accident Claims Lead to Larger Settlements

Certain factors in drunk driving cases lead to higher compensation than standard car accidents.

Punitive Damages May Be Awarded

Unlike regular car crashes, drunk driving accidents involve reckless behavior. Texas courts can impose punitive damages as punishment for the defendant’s conduct.

Juries Respond Strongly to Drunk Driving Cases

If a case goes to trial, juries are often more willing to award higher damages when an intoxicated driver caused serious injuries.

Clear Liability Makes Negotiations Easier

Unlike some personal injury claims, drunk driving cases rarely involve disputes over fault, making settlements more straightforward.

Contact a San Antonio Drunk Driving Accident Lawyer Today

Drunk driving accidents leave victims with medical expenses, lost income, and enduring injuries. Insurance companies often try to minimize payouts, but having legal representation ensures that the compensation reflects the full extent of the damages suffered.

Ryan Orsatti Law advocates for victims of drunk-driving accidents in San Antonio. Call 210-934-6957 or contact a DUI/DWI accident attorney online for a free consultation.

Frequently Asked Questions About Texas Drunk Driving Accident Claims

Can I still recover damages if I was partially at fault?

Texas follows comparative negligence laws, meaning compensation may be reduced if the victim is found partially responsible. However, if the victim was less than 51% at fault, they remain eligible for damages.

How much does hiring a lawyer for a drunk-driving accident case cost?

Most personal injury attorneys work on a contingency fee basis, meaning no upfront costs—fees are only collected if compensation is recovered.

Will my case go to trial?

Most cases settle out of court, but a lawsuit may be necessary if the insurance company refuses to offer fair compensation.

Ryan Orsatti Law – San Antonio Office

Address: 4634 De Zavala Rd
San Antonio, TX 78249
P: (210) 525-1200

Client Testimonial

“Ryan Orsatti and his team were valuable in handling my case. Mr. Orsatti worked every angle to ensure a settlement that ended in my favor. Too, he and his team respected my time and availability throughout the settlement process and required little of me. In doing so, I was able to fully focus on my recovery without the emotional drain and stress. I would not hesitate to recommend the law firm to any one person.” -Chela L. ⭐⭐⭐⭐⭐