Drunk driving accidents often result in life-changing injuries, emotional trauma, and significant financial burdens. If an intoxicated driver has harmed you or someone you love, you may feel uncertain about what to do next.
At the Law Office of Shane R. Kadlec, we are here to help. Since 1996, we have supported individuals and families across Houston by pursuing the compensation and accountability they deserve.
You may face significant challenges after such a traumatic experience, including medical costs, lost wages, and psychological stress. Our team is ready to guide you through each step of the legal process while fighting for a fair outcome.
Legal Overview of DWI and DUI Accidents in Texas
In Texas, drivers with a blood alcohol content (BAC) of 0.08 percent or higher are legally considered impaired. Drunk driving is a criminal offense and may lead to charges such as driving while intoxicated (DWI) or intoxication manslaughter in fatal cases.
These charges are addressed in criminal court and may result in penalties such as jail time, fines, or license suspension.
However, criminal prosecution does not cover the financial needs of crash victims. You may also file a civil claim to recover compensation for your injuries and losses. Under Texas Dram Shop laws, certain bars or establishments may be held liable if they overserved a visibly intoxicated individual who then caused a crash. These laws offer an additional path for seeking compensation.
Criminal and Civil Proceedings: Key Differences
| Legal Aspect | Criminal Case | Civil Lawsuit |
| Goal | Punish the intoxicated driver | Compensate victims for injuries and financial loss |
| Result | Jail time, fines, and license penalties | Monetary damages and compensation |
| Standard of Proof | Beyond a reasonable doubt | Preponderance of the evidence |
Recognizing the differences between these processes can help you make informed decisions about your legal strategy. Our attorneys can explain your rights and guide you toward the best option for recovery.
How Our Law Firm Supports DUI Accident Victims
We provide comprehensive and compassionate representation at the Law Office of Shane R. Kadlec. We aim to handle the legal burden so you can focus on recovery.
Investigating the Crash
We examine every angle of the accident to establish liability. Our team gathers:
- Police reports and crash documentation
- Breathalyzer and toxicology results
- Statements from witnesses or bystanders
- Video footage, when available
- Expert analysis from accident reconstruction professionals
This in-depth process helps us build a strong case that connects the driver’s impairment to your injuries.
Evaluating Your Damages
We consider all factors that may contribute to your losses, including:
- Emergency and ongoing medical treatment
- Lost income or diminished earning potential
- Therapy, rehabilitation, and long-term care
- Pain and suffering caused by trauma.
- Damage to your vehicle and personal property
In some cases, we may also pursue punitive damages to hold the driver accountable for especially reckless conduct.
Exploring Dram Shop Liability
If a bar, restaurant, or venue served alcohol to a person who was clearly intoxicated before they caused the crash, that establishment may share responsibility.
We investigate potential Dram Shop claims by reviewing receipts, interviewing witnesses, and examining whether staff ignored visible signs of intoxication.
Offering Personalized Support
From day one, we have stayed in close contact with you. If insurance companies push back or delay claims, we step in to manage communications and keep your case moving forward. Whether your matter is settled outside of court or brought to trial, we remain focused on your goals and needs.
Injuries Caused by Drunk Driving Accidents
Crashes involving intoxicated drivers often occur at high speeds or involve erratic maneuvers. As a result, the injuries are frequently severe and can include:
- Traumatic brain injuries or concussions
- Spinal cord damage and paralysis
- Fractures and orthopedic trauma
- Burns or lacerations from vehicle fires
- Internal bleeding and organ damage
- Fatal injuries leading to wrongful death claims
These injuries often lead to extended hospitalization and expensive rehabilitation. We work to ensure your financial recovery accounts for both current and future needs.
Common Questions About DUI and DWI Accidents
Who can be held liable for a drunk driving accident?
You may file claims against the intoxicated driver, their insurer, or a bar or business under the Dram Shop law. Employers may also be responsible if the driver was operating a company vehicle.
Can I still sue if the driver was not arrested?
Yes. You do not need criminal charges to file a civil lawsuit. We can use other evidence to demonstrate intoxication and prove fault.
What compensation can I recover?
You may be eligible for medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. In fatal accidents, surviving family members may seek wrongful death compensation. There was an interesting case recently with a “Nuclear” damage being awarded.
In November 2017, a 59-year-old grandmother and her 16-year-old granddaughter were killed in a car crash caused by an intoxicated driver in Corpus Christi, Texas. After a brief trial in December 2021, a Nueces County jury awarded the victims’ family $1.04 billion in actual damages and $300 billion in exemplary damages, ordering Beer Belly’s Sports Bar to pay over $301 billion in total. While these damages are symbolic, the courts tend to award high damages in cases where DUI is the cause of wrongful death.
What if I were a passenger in the drunk driver’s vehicle?
You may still have a valid claim, though certain factors could affect liability. These cases require careful legal analysis, so speaking with an attorney is strongly recommended.
What if drugs, not alcohol, caused the impairment?
Drivers impaired by marijuana, prescription drugs, or other substances are still liable if their impairment caused a crash. The same legal principles apply.
How long do I have to file a claim?
Under Texas Civil Practice and Remedies Code § 16.003, most DUI-related injury claims must be filed within two years from the date of the accident. Missing the deadline may prevent you from seeking compensation.
Why Choose the Law Office of Shane R. Kadlec?
We have spent decades helping drunk driving victims across Houston recover after serious crashes. Our approach is tailored to your needs and is backed by legal experience and a deep understanding of Texas personal injury law.
Clients rely on us for legal strength and personal support during some of the hardest times in their lives.
Take Action Today
If you or someone close to you was injured in a DWI or DUI accident, do not wait to explore your legal options.
Our team at the Law Office of Shane R. Kadlec is here to listen to your story, explain your rights, and take action on your behalf.
Call 281-643-2000 now or visit our contact page to schedule your free consultation. visit our contact page to schedule your free consultation. We proudly serve clients across the state of Texas. Let us help you move forward with clarity and strength.