Over 20 Years of Experience with Impaired-Driver Injury Claims
Crashes caused by impaired drivers can involve evidence and legal proceedings that aren’t present in an ordinary collision claim. At The Law Office of Patrick O’Fiel, P.C., we represent injured people in personal injury matters, drawing on our familiarity with insurance-company tactics and a network of accident investigators and other professionals available for case consultation.
An impaired-driving collision can lead to both a civil injury claim and a criminal DWI case. We separately represent people charged with first-time, repeat, misdemeanor, and felony DWI offenses, but this service focuses on claims brought by people injured by impaired drivers. The two proceedings serve different purposes and require separate legal analysis.
Discuss your Kerrville drunk driving accident claim in a free initial consultation. Call (830) 331-5977 to speak with our firm.
Evidence in a Kerrville Drunk Driving Accident Claim
Evidence of impairment may help establish how the collision happened and who bears responsibility. Relevant material can include the police crash report, chemical-test results, witness statements, and an officer’s observations. Records from a criminal investigation may also become important to the separate injury claim.
We examine the available evidence and identify information that may require prompt preservation. Depending on the circumstances, accident investigators or other professionals in our network can provide insight into the collision, injuries, or resulting losses.
Compensation & Proportionate Responsibility in Texas
A claim after an impaired-driver crash can seek compensation for medical expenses, lost wages, reduced earning capacity, property damage, and pain and suffering. The available compensation depends on the injuries, supporting documentation, and other facts. In limited cases involving gross negligence, a claimant may also seek exemplary damages, which are intended to punish and deter especially serious misconduct.
Texas uses proportionate responsibility to account for each party’s share of fault. Someone who is 51% or more responsible generally can’t recover compensation. When that person is 50% or less responsible, any recovery is reduced by the assigned percentage of fault.
Documentation that may support an injury claim includes:
Photographs and videos of the vehicles, roadway, visible injuries, and crash scene
Names and contact information for witnesses
Medical records, bills, wage records, and vehicle repair documents
Correspondence, claim information, and documents from law enforcement or insurers
Preserving Evidence After an Impaired-Driver Collision
Keep the original versions of photographs, videos, repair estimates, and crash-related records. Save insurance correspondence and documentation of damaged property. The crash report and records concerning suspected impairment can establish facts that might otherwise become disputed.
Early legal review can identify evidence that may be lost or overwritten, including recordings and transaction records held by third parties. It also allows us to review communications from insurers before statements or documents are submitted.
Discuss Your Claim in a Free Consultation
We offer free initial consultations to injured people and their families to discuss the collision, the available information, and possible next steps. The firm’s contact form provides a convenient way to request a consultation.
We provide personal attention and keep clients informed as their claims progress. You receive clear guidance about the civil process based on the facts and losses specific to your situation.
Texas Dram Shop Liability After a Drunk Driving Crash
The Texas Dram Shop Act may allow someone harmed in a crash to pursue a claim against an alcohol-serving establishment in addition to the impaired driver. Liability may arise when the establishment served a patron who was obviously intoxicated to the point of presenting a clear danger to themselves and others, and that intoxication was a proximate cause of the damages. Proximate cause means the conduct was a substantial factor in causing reasonably foreseeable harm.
Evidence in a claim against an alcohol provider may include bar receipts, transaction records, surveillance footage, and witness accounts describing the patron’s conduct or condition. Because businesses may retain these materials for limited periods, prompt preservation efforts can matter.
Texas law generally doesn’t impose liability on private social hosts for serving alcohol to adult guests. An exception may apply when a host provides alcohol to a minor under age 18. Texas courts have also held that exemplary damages aren’t available against an alcohol provider under the Dram Shop Act itself.
A criminal DWI prosecution and a civil claim have different parties, purposes, and standards of proof. The government brings the criminal case to address an alleged offense, while the person harmed brings the civil claim to seek compensation for losses caused by the collision.
A pending or resolved criminal case may produce evidence relevant to the civil proceeding, but one doesn’t replace the other. Chemical-test records, officer observations, testimony, and other investigative materials may require separate review before they can be used in an injury claim.
Texas personal injury and claims against alcohol providers generally have a two-year filing deadline measured from the date of the accident. The applicable deadline can vary based on the parties and facts involved, and a criminal prosecution doesn’t necessarily pause or extend the civil filing period. Early review allows time to investigate potential defendants and preserve available evidence.
“Patrick and his staff were always very kind, helpful and upfront with me. They helped me through a difficult situation. I always knew I could count on them to be there for me.”
“Patrick and his staff were always very kind, helpful and upfront with me. They helped me through a difficult situation. I always knew I could count on them to be there for me.”
Linda
“Mr. Ofiel was very professional. He showed consideration to our personal needs. I would very much use him again in any legal issues I have.”
“Mr. Ofiel was very professional. He showed consideration to our personal needs. I would very much use him again in any legal issues I have.”
Brenda
“Patrick and his staff used their experience more than once too calm me from the emotion of the day. When I or my X would "get in the weeds" over what I see now as a trivial matter, they would calmly usher me back to the task at hand.”
“Patrick and his staff used their experience more than once too calm me from the emotion of the day. When I or my X would "get in the weeds" over what I see now as a trivial matter, they would calmly usher me back to the task at hand.”
Dave
“Patrick represented me in a very bitter child custody case after my daughter was killed in a car accident. I wanted both children to stay together and the other person only wanted one. He did a lot of research and he's very professional”
“Patrick represented me in a very bitter child custody case after my daughter was killed in a car accident. I wanted both children to stay together and the other person only wanted one. He did a lot of research he's very professional.”
Client Testimonials
