Seeking Justice After a Drunk Driving Accident in San Antonio? Here’s What You Need to Know
At Barton & Associates, we understand that the aftermath of a drunk driving accident is more than just a legal matter—it’s a deeply personal crisis that can upend your life and the lives of your loved ones. While our firm is widely recognized for our dedicated family law and criminal defense practice, we also bring that same fierce advocacy and compassionate counsel to victims of DUI accidents in San Antonio. If you or a family member has been injured by an impaired driver, you are facing not only physical and emotional trauma but also a complex legal battle to secure the compensation and justice you deserve.
The Devastating Reality of DUI Accidents in Texas
Drunk driving remains a scourge on our Texas roads. According to the Texas Department of Transportation, in a recent year, there were over 24,000 DUI-alcohol-related crashes in the state, resulting in more than 1,000 fatalities and thousands of serious injuries. In Bexar County and the San Antonio area, these aren’t just statistics—they are our neighbors, friends, and family members.
A collision with an impaired driver is often fundamentally different from other types of wrecks. Due to the driver’s slowed reaction times, poor judgment, and loss of vehicle control, DUI accidents tend to be high-speed, high-impact crashes that result in catastrophic injuries such as:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Damage and Paralysis
- Complex Bone Fractures
- Severe Internal Organ Damage
- Disfiguring Lacerations and Scarring
These injuries can lead to lifelong disabilities, astronomical medical bills, lost income, and profound emotional suffering for the entire family.
Why a DUI Accident Case Is Different: Navigating Dual Proceedings
One of the most critical things to understand after a drunk driving crash is that two separate legal tracks will likely begin simultaneously:
- The Criminal Case (The State vs. The Drunk Driver): This is brought by the government (e.g., the Bexar County District Attorney’s Office) to punish the driver for violating criminal law (DWI). The goal is justice through fines, license suspension, probation, or imprisonment.
- The Civil Case (You vs. The Drunk Driver): This is the personal injury claim you file to seek financial compensation (damages) for your losses, including medical expenses, lost wages, pain and suffering, and property damage.
A crucial point for victims: The outcome of the criminal case does not dictate the outcome of your civil claim. Even if the driver pleads to a lesser charge or, in a rare circumstance, is acquitted, you can still pursue and win a civil lawsuit for damages. The standard of proof is lower in a civil case (“preponderance of the evidence” vs. “beyond a reasonable doubt”), and our attorneys at Barton & Associates are skilled at building a compelling civil claim independent of the criminal court’s result.
Building an Unshakeable Civil Claim for Maximum Compensation
Success in a DUI accident civil claim hinges on proving negligence. In Texas, driving while intoxicated is considered negligence per se—meaning the act of breaking the DWI law itself is evidence of negligence. However, a successful claim goes far beyond just proving the driver was drunk. Our legal team methodically constructs your case to demonstrate the full scope of your damages and ensure no liable party is overlooked.
Key Elements We Investigate and Develop:
- Gathering Critical Evidence: We secure police reports, accident reconstruction analysis, DPS toxicology reports, blood or breathalyzer results, witness statements, and surveillance or dashcam footage.
- Identifying All Liable Parties: While the drunk driver is the primary target, we explore if third-party liability applies. Was the driver overserved alcohol at a bar or restaurant? Texas’s Dram Shop Act may allow a claim against the establishment that served alcohol to an obviously intoxicated patron who then caused your crash. Was the driver on the job for an employer? We investigate potential vicarious liability.
- Documenting Your Damages Comprehensively: We help you compile all medical records, future treatment plans, rehabilitation costs, lost pay stubs, expert testimony on future lost earning capacity, and personal journals documenting your pain and suffering and loss of enjoyment of life.
- Dealing with Insurance Companies: Insurance adjusters for the at-fault driver often contact victims quickly, offering lowball settlements before the full extent of injuries is known. We handle all communication, protect you from making statements that could harm your case, and negotiate aggressively to secure a settlement that truly reflects your long-term needs.
The Barton & Associates Advantage: Blending Compassion with Courtroom Tenacity
Choosing the right legal representation after a DUI accident is one of the most important decisions you will make. At Barton & Associates, our approach is informed by our core practice areas, giving us a unique perspective that benefits your personal injury claim.
- Family Law Insight: We see firsthand how a catastrophic injury devastates a family unit. We fight not just for the injured individual, but with an understanding of the financial strain, emotional toll, and changed family dynamics. Our advocacy always considers the holistic well-being of your family.
- Criminal Defense Experience: Our daily work in criminal courts gives us an insider’s understanding of the DWI criminal process. We know how prosecutors build their cases, what evidence is crucial, and how to use developments in the criminal case to strengthen your parallel civil claim for damages.
- A Reputation for Resolute Advocacy: Whether negotiating at the settlement table or presenting a case to a San Antonio jury, we are known for thorough preparation, clear communication, and unwavering dedication to our clients’ best interests. We are not afraid to litigate and take a case to trial when a fair settlement cannot be reached.
What to Do Immediately After a Suspected DUI Accident in San Antonio
Your actions in the moments and days following a crash can significantly impact your health and your legal case.
- Seek Medical Attention Immediately: Even if you feel “okay,” adrenaline can mask serious injuries. A medical exam creates a vital record linking your injuries to the accident.
- Call the Police: A formal police report is essential. Ensure the officer documents any signs of intoxication (smell of alcohol, slurred speech, unsteady gait) in their report.
- Gather Evidence If You Can: If you are able, take photos of the vehicles, the scene, your visible injuries, and the other driver. Get contact information from witnesses.
- Do Not Discuss the Accident or Your Injuries with anyone other than the police and your doctor, and certainly not with the other driver’s insurance company.
- Contact an Experienced DUI Accident Attorney: Call Barton & Associates as soon as possible. Early legal intervention allows us to immediately begin preserving evidence, identifying witnesses, and protecting your rights.
You Don’t Have to Navigate This Road Alone
The path to recovery after being hit by a drunk driver is long and challenging. While you focus on healing physically and emotionally, let the experienced San Antonio DUI accident attorneys at Barton & Associates focus on securing your future.
We offer free, confidential consultations to discuss your case, explain your legal options, and outline how we can help you pursue the full and fair compensation you are owed under Texas law. The drunk driver made a reckless choice. You now have a critical one: choosing the legal team with the compassion, skill, and determination to fight for you.
If you or a loved one has been injured in a drunk driving crash in San Antonio, Austin or Corpus Christi, Texas, contact Barton & Associates today at 210-500-0000. Let us be your strong advocate for justice.
