Personal Injury – Injured in an Auto Accident with a Drunk Driver!

HOUSTON: The holiday season is an exciting time of year and should be enjoyed responsibly. Many people are driving in a rushed or reckless manner, due to the frenzy of completing shopping lists or going to festivities. Further, there is a high percentage of accidents caused by impaired or drunk driving, resulting in fatal or serious injuries. If you or a loved one were injured by a drunk driver, please call 911 to report the accident and immediately seek medical treatment. The police report will clearly evidence whether any motorist was driving under the influence for your claim. Please also keep a record of all treatment completed including all expenses. It is important to hire a competent attorney to represent victims of drugged or drunk driving accidents to receive just compensation.

The Texas Department of Transportation reported a total of 3,342 fatal crashes in 2017. Of those, 910 were caused by drivers under the influence of drugs or alcohol. There were an additional 2,169 serious injuries and 5,666 non-incapacitating injuries also caused by drunk driving. Statistics also show that the most dangerous time to be on the road is between 2:00 a.m. to 3:00 a.m., especially on Saturdays and/or holidays. The Texas Penal Code Section 49.04 further explains driving while intoxicated (DWI) is a criminal charge for drivers with a blood alcohol content (BAC) of at least 0.08% caused by drugs or alcohol. In Texas, driving while intoxicated, causing serious bodily injuries, is a third degree felony. Also, DWI’s resulting in fatalities is a felony charge and sometimes called “manslaughter with use of a deadly weapon” or “intoxication manslaughter”. Under the Texas Transportation Code Section 521.342, driving under the influence (DUI) is a criminal charge specifically for drivers under age 21, with any trace of alcohol in their blood. Those that have suffered damages from a driver under the influence of drugs or alcohol may file a civil lawsuit against the driver to receive full compensation for all losses.

Victims of drunk driving can recover total economic damages including: medical care, therapy, nursing facilities, counseling, property damage, lost income, disability, funeral expenses. Medical care for these serious injuries include but are not limited to: spinal cord injuries, traumatic brain injuries, broken bones, disfigurement, paralysis, loss of limbs, and wrongful death. These damages are difficult to cope with for victims and loved ones, both physically and emotionally. Thus, physical pain and mental anguish, or non-economic damages, may also be claimed which can be three times the total economic damages. Any driver under the influence is responsible for all resulting harm because drivers are held to a reasonable, prudent operator duty of care standard to other drivers on the road, passengers, bicyclists, motorcyclists, and pedestrians. Further, lost wages may be claimed if there is difficulty working due to chronic pain, disfigurement, or disability and in effect, causing a financial burden.

If you or a loved one is a victim of a drunk driver, don’t hesitate to contact an experienced attorney to make sure the negligent driver does not escape and is held accountable for all damages suffered! An experienced attorney will help prove all injuries. No one should pay out of pocket for damages caused by a negligent or drunk driver and entitled to receive full compensation. The Law Office of Sharma & Associates, PC wishes everyone a safe and joyful holiday!


Mala Sharma

About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala has been appointed leadership roles for the American Bar Association GP Solo and GP Solo YLD division, is Board member of the Houston Trial Lawyers Association, Past President of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association. Mala Sharma has been selected to the 2019 Texas Rising Stars by Super Lawyers. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorney for 2018-2019, Top 40 Under 40 by the National Trial Lawyers for 2018-2019, and Texas Top 10 Personal Injury Attorney by Attorney and Practice Magazine for 2019.

This material is available for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. If you require advice or assistance, you may contact her at office number 281-893-8644 or by email at to schedule a free consultation to discuss your case.