San Antonio Drunk Driving Accident Lawyer
Injured in a Crash Caused by a Drunk Driver in San Antonio?
If you or a loved one has been injured in a car accident caused by an intoxicated driver, you deserve justice and compensation. At Kemmy Law Firm, P.C., our experienced drunk driving accident lawyers in San Antonio are here to help you hold the responsible party accountable. Drunk driving is reckless and entirely preventable—and those who suffer because of it should not have to carry the burden alone.
We understand the devastating physical, emotional, and financial toll that these accidents take on victims and their families. Let us advocate for your rights and pursue the full compensation you deserve.
Contact us at (830) 264-6297 for a free consultation.
Drunk Driving Laws in Texas
Texas takes drunk driving seriously. Under Texas Penal Code § 49.04, it is illegal to operate a motor vehicle in a public place while intoxicated. Intoxication is defined as:
- Having a blood alcohol concentration (BAC) of 0.08% or more, or
- Lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances.
In addition to criminal penalties, drunk drivers can also face civil liability for any harm they cause. Victims of drunk driving accidents have the right to file a personal injury claim seeking compensation for medical bills, lost wages, pain and suffering, property damage, and more.
How Alcohol Impairs Your Ability to Drive
Alcohol significantly diminishes a driver’s ability to operate a vehicle safely. Even small amounts of alcohol can have dangerous effects on cognitive function and motor skills. Some key ways alcohol impairs driving include:
- Slowed Reaction Time – Alcohol reduces the brain’s ability to process information quickly, delaying reactions to traffic signals, pedestrians, or sudden hazards.
- Impaired Judgment – Intoxicated drivers often make poor decisions, such as speeding, tailgating, or failing to yield.
- Reduced Coordination – Alcohol affects motor control, making it harder to steer, brake, or stay in the correct lane.
- Blurred Vision – Alcohol can alter depth perception, cause double vision, and reduce peripheral vision.
- Decreased Concentration – Intoxicated drivers are easily distracted and unable to focus on multiple driving tasks.
These impairments greatly increase the risk of serious and fatal crashes.
How to Prove Liability Against a Drunk Driver
In order to secure compensation, you must establish that the other driver was negligent and that their negligence caused your injuries. Our San Antonio drunk driving accident attorneys work diligently to gather strong evidence that proves liability, including:
- Police Reports – These often contain BAC test results, officer observations, and citations for DWI (Driving While Intoxicated).
- Field Sobriety Test Results – These can demonstrate the driver’s impairment at the scene.
- Eyewitness Testimony – Bystanders or passengers may have seen the driver acting intoxicated.
- Surveillance or Dashcam Footage – Visual evidence can show erratic driving behavior before the crash.
- Bar or Restaurant Receipts – If the driver was overserved, these receipts may support a dram shop liability claim.
- Expert Testimony – Accident reconstructionists and toxicologists can explain how alcohol affected the driver’s performance and caused the crash.
We also ensure that evidence is preserved and documented early in the investigation, which is critical to the strength of your case.
Texas Dram Shop & Social Host Liability
In some drunk driving accidents, a third party may also be held liable under Texas’s Dram Shop Act or Social Host Liability laws.
Dram Shop Liability
Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other alcohol-serving establishments can be held liable if they:
- Knowingly served alcohol to an obviously intoxicated person, and
- That person later caused injury or death as a result of driving while intoxicated.
For example, if a visibly drunk patron was served multiple drinks and then caused a crash, the establishment may share responsibility for damages.
Social Host Liability
While Texas law does not generally hold social hosts liable for serving alcohol to adults, they can be held accountable if they:
- Knowingly serve alcohol to a minor under 18, and
- That minor goes on to cause a drunk driving accident.
Our legal team investigates whether any third-party liability exists to maximize your compensation and pursue all avenues of recovery.
FAQs About Drunk Driving Accident Claims in San Antonio, TX
How long do I have to file a claim after a drunk driving accident in Texas?
Texas has a two-year statute of limitations for personal injury claims. It’s crucial to take legal action within this time to protect your rights.
What damages can I recover in a drunk driving accident lawsuit?
You may be eligible for compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages (in cases of gross negligence)
Can I still recover compensation if I was partially at fault?
Yes. Texas follows a modified comparative negligence rule. You can still recover damages as long as you are not more than 50% at fault, though your compensation will be reduced by your percentage of fault.
Do I need to hire a lawyer to handle my drunk driving accident claim?
While not legally required, hiring a skilled San Antonio drunk driving accident lawyer significantly improves your chances of a successful outcome. We manage every aspect of your case—from evidence collection to negotiations and, if needed, trial.
What if the drunk driver is facing criminal charges?
A criminal case can support your civil claim, but the two are separate. You do not need to wait for the criminal case to conclude before filing your personal injury lawsuit.
Speak With a San Antonio Drunk Driving Accident Attorney Today
At Kemmy Law Firm, P.C., we believe that victims of drunk driving deserve swift justice and full compensation. Our team is dedicated to holding intoxicated drivers—and any negligent third parties—accountable for the harm they cause.
Call (830) 264-6297 or contact us online today for a free, no-obligation consultation.