Get Personal Representation After a Drunk Driving Accident
A drunk driving accident is different from most other motor vehicle collisions. The driver made a conscious decision to get behind the wheel while impaired, putting everyone on the road at risk. When that decision causes serious injuries or loss of life, Texas law may provide additional avenues for recovery beyond those available in an ordinary car accident claim.
Victims often face extensive medical treatment, lost income, emotional trauma, and uncertainty about the future. At the same time, insurance companies begin investigating the claim and looking for ways to limit their exposure.
At Herrera PLLC, Jonathan Herrera represents individuals and families affected by drunk driving accidents throughout Houston and Texas. Before becoming an attorney, he spent more than a decade handling high-exposure insurance claims as an adjuster. He later worked as an insurance defense attorney before founding Herrera PLLC. That experience gives him valuable insight into how insurers evaluate injury claims and the strategies they use to reduce payouts.
For a broader look at the serious injury cases Herrera PLLC handles, explore the firm’s Serious Injuries practice.
Why Are Drunk Driving Accidents So Serious in Houston?
Houston’s size, nightlife, and extensive roadway system create conditions where alcohol-related crashes remain a significant concern.
Major highways such as I-10, I-45, Highway 288, Beltway 8, and the Sam Houston Tollway carry heavy traffic at all hours. Areas including Midtown, Washington Avenue, EaDo, Montrose, and Downtown Houston often see increased activity during evenings and weekends, when alcohol-related crashes are more likely to occur.
Unlike many other collisions, drunk driving accidents frequently involve reckless behaviour such as excessive speeding, wrong-way driving, running red lights, and failing to react to traffic conditions. These factors often increase both the severity of injuries and the complexity of the resulting claims.
What Makes Drunk Driving Injury Claims Different?
Most injury claims focus on proving negligence. Drunk driving cases often involve evidence that goes beyond ordinary negligence.
Evidence may include:
- Blood alcohol concentration (BAC) test results
- Breathalyser results
- Field sobriety test records
- Police body camera footage
- Criminal court records
- Witness statements
- Surveillance footage
- Dashcam recordings
- Accident reconstruction evidence
In many cases, the driver’s criminal prosecution and the injury claim proceed at the same time. Information developed during the criminal case may become important evidence in the civil claim.
Texas law may also allow additional damages when the facts support allegations of gross negligence.
Can a Bar or Restaurant Be Held Responsible?
In some situations, responsibility may extend beyond the drunk driver.
Texas dram shop laws may allow claims against bars, restaurants, clubs, or other alcohol-serving establishments when they provide alcohol to an obviously intoxicated person who later causes an accident.
These claims require careful investigation and evidence gathering. Establishments often deny responsibility, making it important to obtain witness statements, surveillance footage, receipts, transaction records, and other evidence as early as possible.
When the facts support it, pursuing a dram shop claim may create an additional source of recovery beyond the driver’s insurance policy.
How Does Jonathan Herrera’s Background Help Drunk Driving Accident Victims?
Few attorneys have seen the insurance process from as many perspectives as Jonathan Herrera.
Before representing injured clients, he spent years evaluating casualty claims for insurance companies. He later worked in insurance defense litigation, where he gained firsthand knowledge of how insurers investigate accidents, assess liability, evaluate damages, and defend lawsuits.
Today, he uses that experience to help accident victims navigate the claims process and protect their interests.
Learn more about Jonathan Herrera’s background, legal experience, and insurance industry knowledge.
Who May Be Responsible for a Drunk Driving Accident?
Although the intoxicated driver is often the primary responsible party, liability is not always limited to one individual.
Depending on the circumstances, potentially responsible parties may include:
- The intoxicated driver
- Bars and restaurants
- Nightclubs
- Alcohol-serving establishments
- Employers
- Commercial vehicle operators
- Vehicle owners
- Other third parties whose actions contributed to the collision
Identifying all potentially responsible parties can have a significant impact on the compensation available in a case.
What Compensation May Be Available After a Drunk Driving Accident?
Texas law may allow victims to seek compensation for losses resulting from a drunk driving collision.
Depending on the circumstances, damages may include:
Economic Damages
- Medical expenses
- Future medical treatment costs
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses related to the accident
Non-Economic Damages
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Physical impairment
- Disfigurement
Punitive Damages
Texas law may allow punitive damages when a drunk driver’s conduct rises to the level of gross negligence. These damages are intended to punish particularly dangerous conduct and deter similar behaviour in the future.
Why Early Action Can Make a Difference
The strongest drunk driving cases are often built early.
Evidence can disappear quickly. Surveillance footage may be overwritten. Witness memories fade. Records connected to bars, restaurants, and other establishments may become more difficult to obtain over time.
Beginning an investigation promptly helps preserve important evidence and allows critical questions to be answered while information remains available.
At Herrera PLLC, every serious injury case is approached with the expectation that it may ultimately need to be presented before a jury.
When a Drunk Driving Accident Results in a Fatality
Some drunk driving collisions result in the loss of a loved one.
In these situations, surviving family members may have the right to pursue compensation through a wrongful death claim. These claims may seek recovery for funeral expenses, lost financial support, mental anguish, and the loss of companionship suffered by surviving relatives.
Learn more about wrongful death representation for families who have lost a loved one.
Speak Directly With Jonathan Herrera About Your Case
If you or a loved one was injured by a drunk driver in Houston or elsewhere in Texas, Herrera PLLC is available to discuss your situation.
Jonathan Herrera personally handles every matter and works directly with clients throughout the case.
Learn more about Herrera PLLC’s approach to personal representation and trial preparation.
Frequently Asked Questions
You may still have options through uninsured or underinsured motorist coverage, dram shop claims, or other potential sources of recovery depending on the circumstances of the accident.
Yes. A guilty plea, conviction, or other evidence developed during the criminal case may strengthen a civil injury claim and provide additional leverage during settlement negotiations.
Yes. Texas law may allow punitive damages when a drunk driver's conduct constitutes gross negligence. These damages may be awarded in addition to compensation for actual losses.
Important evidence may include police reports, blood alcohol test results, field sobriety records, witness statements, surveillance footage, dashcam recordings, medical records, and accident reconstruction evidence.
Surviving family members may have the right to pursue a wrongful death claim seeking compensation for funeral expenses, lost financial support, mental anguish, and loss of companionship.