San Antonio Drunk Driving Accident Lawyer

Injured in a Crash Caused by a Drunk Driver in San Antonio?

A crash caused by an intoxicated driver can leave injured people and families facing medical treatment, lost income, vehicle damage, and unanswered questions about accountability. Our firm represents people injured in drunk driving accidents and families pursuing a wrongful death claim after a fatal collision. We investigate the facts, explain the civil claim process clearly, and prepare each case thoroughly for trial when necessary.

Established in 1986, Kemmy Law Firm, P.C. has recovered more than $200 million for clients in cases including car crashes. We serve San Antonio residents with coordinated representation from multiple attorneys and bilingual communication for Spanish-speaking families. A criminal DWI case and a civil injury claim are separate proceedings, and a drunk driving accident lawyer can assess whether the driver, an alcohol provider, or another party may bear civil responsibility.

Contact us at (830) 264-6297 for a free consultation with our San Antonio drunk driving accident attorney.

Drunk Driving Laws in Texas

Texas Penal Code Section 49.04 prohibits operating a motor vehicle in a public place while intoxicated. Under the statute, intoxication can mean having a blood alcohol concentration of 0.08 or more, or not having the normal use of mental or physical faculties because of alcohol, drugs, or a combination of substances.

A criminal investigation may produce DWI crash evidence, but a charge doesn’t automatically establish civil liability. In a civil case, the injured person must still show that the driver’s conduct caused the collision and the resulting injuries or losses. The police crash report, officer observations, testing records, and witness accounts may all be relevant.

How Alcohol and Drugs Affect Driving

Alcohol and drugs can affect how a person perceives hazards, makes decisions, and controls a vehicle. In an individual claim, this evidence may help explain how a driver operated the vehicle and whether that conduct caused the crash.

Common impairment indicators:

• Slowed Reaction Time: Delayed responses to traffic signals, pedestrians, braking vehicles, or sudden hazards
• Impaired Judgment: Decisions such as speeding, tailgating, unsafe turns, or failing to yield
• Reduced Coordination: Difficulty steering, braking, or remaining in the proper lane
• Altered Vision: Changes in depth perception, peripheral vision, or visual focus
• Decreased Concentration: Trouble maintaining attention across multiple driving tasks

Field sobriety testing, which consists of roadside exercises officers use to observe possible impairment, may be part of the available evidence. Blood alcohol concentration results can also be relevant, but our review considers the full record rather than any single item in isolation.

Proving Liability in a San Antonio Drunk Driving Accident Claim

Our drunk driving accident lawyers begin by examining how the crash occurred, what evidence is available, and whether more than one party may be responsible. We coordinate attorneys on each case and bring in outside professionals when the evidence requires additional analysis. Early investigation matters because recordings, vehicle conditions, business records, and witness memories can change or become unavailable.

Evidence we may review:

• Police Records: Crash reports, citations, officer observations, and 911 recordings
• Impairment Evidence: Blood alcohol concentration information, field sobriety testing, and body-camera footage
• Scene Evidence: Photographs, surveillance footage, dashcam video, vehicle damage, and electronic data
• Witness Information: Accounts from bystanders, passengers, first responders, and others who observed the driver
• Medical Documentation: Records connecting crash injuries to treatment and ongoing care
• Alcohol Service Records: Receipts, video, and testimony that may help evaluate a potential third-party claim

Establishing a civil claim generally requires proof of duty, breach, causation, and damages. The details depend on the collision, the evidence, the injuries involved, and the parties connected to the event. Our San Antonio drunk driving accident attorneys provide straightforward guidance about what the available facts support.

Texas Dram Shop and Social Host Liability

An intoxicated driver may not be the only party worth investigating. Under the Texas Dram Shop Act, Texas Alcoholic Beverage Code Section 2.02, an alcohol provider may face statutory liability when it was apparent the recipient was obviously intoxicated to the extent that the person presented a clear danger to themselves and others, and that intoxication proximately caused the damages.

Dram Shop Claims Against Alcohol Providers

A dram shop claim requires a fact-specific review of what a bar, restaurant, or other alcohol-serving establishment knew or should have observed when alcohol was provided. Evidence may include receipts, surveillance footage, employee testimony, and observations about the driver’s condition. We investigate third-party responsibility when the facts support it.

Social Host Liability Involving Minors

Texas law may impose liability on an adult who knowingly provides alcohol to a minor under 18 when the minor’s intoxication causes damages. This rule doesn’t generally make an adult social host liable for serving alcohol to another adult. The circumstances of the alcohol service and the crash determine whether a claim may be available.

What to Do After a Drunk Driving Accident in San Antonio

Protecting your health comes first. Once immediate medical needs are addressed, practical documentation can help preserve information for an insurance claim or civil case.

Important steps after a crash:

• Call 911: Report the collision and request medical assistance when needed
• Get Medical Care: Seek an evaluation even if symptoms initially seem minor
• Document the Scene: Take photographs or video of vehicles, road conditions, visible injuries, and relevant surroundings
• Gather Information: Obtain contact details for drivers and witnesses when it is safe to do so
• Keep Records: Save medical documents, repair estimates, receipts, and insurance correspondence
• Use Care With Insurers: Avoid admitting fault, speculating about injuries, or giving a recorded statement before understanding the request

The San Antonio Police Department crash-report process is subject to Texas Transportation Code requirements. We can help clients understand what documents may be relevant, answer questions by phone or email, and provide frequent updates as the case moves forward.

Insurance Claims After a Drunk Driving Crash

Insurance companies may request recorded statements, seek broad medical authorizations, dispute whether an injury resulted from the crash, or make an early settlement offer before the full effect of an injury is known. An offer should be evaluated against documented medical treatment, lost income, property damage, pain and suffering, future needs, and available insurance coverage.

Our founder began his legal career in insurance defense, which informs our understanding of how insurers evaluate and defend claims. For represented clients, we handle communications with insurers and provide honest assessments of the available options. We prepare cases for negotiation and trial rather than treating an early offer as the only path forward.

Frequently Asked Questions

How Long Do I Have to File?

Texas generally requires personal injury and wrongful death lawsuits to be filed within two years of the incident. Exceptions and claim-specific rules can affect the deadline, so it’s important to have the facts reviewed promptly.

What Damages May Be Available?

Depending on the facts, damages may include medical expenses, lost income, property damage, pain and suffering, emotional distress, and future care needs. In appropriate cases, exemplary damages, sometimes called punitive damages, may also be considered to punish and deter certain conduct.

Can I Recover If I Share Fault?

Possibly. Texas uses comparative responsibility, meaning a claimant’s recovery can be reduced by their percentage of responsibility. Under Texas law, a person who is more than 50 percent responsible generally can’t recover damages, though the exact analysis depends on the facts and applicable law.

Do I Need a Lawyer for My Claim?

You aren’t legally required to hire a lawyer. Our drunk driving accident attorneys can assist with evidence preservation, insurer communications, damages analysis, negotiation, and litigation when appropriate.

Does a Criminal DWI Case Decide My Claim?

No. A criminal DWI prosecution and a civil injury claim have different purposes and standards. A civil case may proceed without waiting for the criminal matter to conclude, and the criminal case doesn’t automatically determine civil liability.

Talk with Our San Antonio Drunk Driving Accident Lawyers

After a crash involving an intoxicated driver, a free, no-obligation consultation can give you a clearer view of the potential claim, the evidence to preserve, and the next steps. We take time to explain the process in plain language so you can make informed decisions.

Our family team provides responsive communication, thorough investigation, and individualized attention throughout the case. We represent injured people and families seeking accountability after serious and fatal drunk driving crashes.

Call (830) 264-6297 or contact us online today for a free, no-obligation consultation with our drunk driving accident lawyer in San Antonio.