Texas Drunk Driving Accident Lawyer

A drunk driver made a choice before they ever reached you, and now you are the one living with the injuries, the medical bills, and the questions about what comes next. A crash caused by an impaired driver is one kind of Houston car accident case, yet it carries pressures of its own because the person who hurt you may be facing criminal charges while you are still trying to heal.

The criminal case may punish the driver, but it will not pay a single medical bill or replace the income you are losing right now. Meanwhile, the other driver’s insurer has likely already opened a file on your claim, and the deadline Texas law gives you to act has started to run.

At LeMaster Law Firm, we help injured Texans and their families hold drunk drivers accountable and pursue the full value of what the crash cost them. Jennifer LeMaster spent years representing insurance companies at an international law firm before she built this practice. That inside view helps a Texas drunk driving accident lawyer keep an early, low offer from quietly setting the value of your claim.

Why Drunk Driving Victims in Northwest Houston Turn to LeMaster Law Firm

After a drunk driving crash, proving who caused the wreck is rarely the hard part. The real fight is making an insurer pay what a serious injury is actually worth.

We Prepare Every Drunk Driving Claim to Go Before a Jury

When a drunk driver causes the crash, fault is usually clear, so the real contest is value. An insurer is more likely to negotiate in good faith once it believes a firm is ready to prove the driver’s intoxication to a jury and pursue exemplary damages. We build the case that way from the start, so the insurer sees one prepared for a courtroom.

We Know How Insurers Value a Clear-Liability Drunk Driving Claim

When fault is obvious, an insurer puts its energy into paying as little as it can, and knowing how that works from the inside is a real advantage. Before founding LeMaster Law Firm in 2017, Jennifer LeMaster served as in-house counsel for an oil and gas company, handling complex transactions and litigation, and then spent years at an international law firm, where she made partner, representing insurance companies.

She knows how adjusters value a claim, where they look to discount injuries, and the way they treat a crash the driver plainly caused. She uses that read to push back on a low valuation. She has also been named to the Texas Super Lawyers list every year from 2021 through 2026.

Client Testimonials

“They went above and beyond searching for a way to get me compensation for my accident with an uninsured driver. I appreciate the effort.” — T. R.

“I faced a very tough situation with my insurance carrier. Ms. LeMaster stepped in and resolved in my favor in a very professional manner. Thanks Jen!” — J. D.

Can You Sue a Drunk Driver in Texas, or Does the Criminal Case Handle It?

After a drunk driving crash, many injured people assume the criminal case against the driver is also their case. It is not. The criminal DWI case is the state of Texas against the driver, and it works to punish the driver through fines, probation, or jail.

You can bring your own civil claim at the same time. That claim is how you actually recover money for your injuries. It is your case against the driver and their insurance company, separate from the criminal case and on its own schedule.

You do not have to wait for the criminal case to end before you file. A conviction or guilty plea can help by confirming what the driver did, but it is not required to hold the driver financially responsible.

Who Can Be Held Responsible for a Drunk Driving Crash?

One of the first worries after a drunk driving crash is that the driver has no money, no insurance, or both. That fear is understandable, and it is also the reason to look past the driver alone. More than one party can be legally responsible for a crash, and a second responsible party often means a real source of compensation even when the driver has little.

Depending on how the crash happened, the parties who may share responsibility include:

• The impaired driver, who answers for the choice to drive after drinking.
• The driver’s employer, when the driver was on the job at the time, such as a delivery or commercial driver.
• A bar or restaurant that over-served the driver. Under the Texas Dram Shop Act, a provider can be liable when the person served was already obviously intoxicated and a clear danger, with the drinking a direct cause of the crash.
• An adult who gave alcohol to a driver under 18, which can carry its own liability.

Dram shop liability is not automatic. It depends on proof of obvious intoxication and a direct link to the crash, so an early look into where the driver was drinking can open a source of recovery you would not find on your own.

What Can You Recover After a Drunk Driving Accident in Texas?

Many people do not know what a drunk driving claim is worth, and fewer realize the driver’s choice to drink can change the amount. Texas law lets you recover for your financial losses, for the harm that never shows up on a bill, and sometimes for exemplary damages aimed at the driver’s conduct.

Economic and Non-Economic Damages

Most drunk driving claims include two categories of compensatory damages:

• Economic damages, which cover measurable costs such as current and future medical care, lost income, and reduced earning capacity.
• Non-economic damages, which cover losses that never appear on a bill, such as physical pain, disfigurement, and the loss of a normal life.

Much of a claim’s real value lies in the future care and the non-economic harm, which an early settlement offer may not reflect. Counting those long-term costs is part of how we put a value on your claim.

Exemplary Damages When a Driver Chooses to Drink

Because a drunk driver chose to get behind the wheel after drinking, Texas law may allow exemplary damages beyond your other compensation. These are available when clear and convincing evidence shows the driver acted with gross negligence (Tex. Civ. Prac. & Rem. Code § 41.003).

Texas caps exemplary damages in most cases, but that cap falls away when a drunk driver causes serious injury or death. In practice, the driver’s decision to drink and drive can raise what your claim is worth.

What If the Drunk Driver Had No Insurance or Too Little?

If the drunk driver has no insurance or too little, it is natural to fear there is nothing left to recover. Often there is. Your own auto policy may include uninsured and underinsured motorist (UM/UIM) coverage, which can pay for your injuries when the at-fault driver cannot.

Texas requires insurers to offer UM/UIM coverage. Drivers can decline it in writing, so whether you carry it depends on your policy. A UM/UIM claim runs against your own insurer under your contract, separate from the claim against the drunk driver.

Because that claim lives in the language of your policy, it helps to have a firm that reads first-party coverage closely. Jennifer LeMaster spent years inside the insurance industry. That background matters when the fight is over what your own policy owes you.

How Long Do You Have to File a Drunk Driving Injury Claim in Texas?

After a drunk driving crash, the deadline to act starts right away. In most Texas injury cases, you have two years from the date of the crash to file a lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003(a)). If the crash took a family member’s life, a wrongful death claim runs on its own two-year deadline, measured from the date of death.

The deadline is firm. If you file in time, you keep your right to recover in court. If the deadline passes, the court can dismiss your case no matter how clear the driver’s fault was.

Waiting for the criminal case to end is one common way injured people run out of time because the two are not on the same schedule. Evidence also fades while you wait, as footage is recorded over and memories lose detail, so acting early protects both your deadline and your proof.

Talk to a Texas Drunk Driving Accident Lawyer Before You Settle With the Insurer

An adjuster from the other driver’s insurer may already be calling, and an early offer can feel like relief when the bills are stacking up. That offer rarely reflects what a serious drunk driving injury costs over the years ahead.

At LeMaster Law Firm, we look at how the crash happened, who can be held responsible, and the real value of your claim before you agree to anything. Your consultation is free, we answer calls 24/7, and you owe no fee unless the firm recovers compensation for you.

Call 832-356-7983 or request a free case review to talk through your options today. We serve families in Tomball, Spring, Magnolia, Cypress, The Woodlands, and Conroe.