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Drunk driver accidents · McAllen, Texas
McAllen
Drunk Driving
Accident Lawyer
No fue tu culpa
If a drunk driver hit you or someone you love, you can bring your own claim for money, apart from the criminal case. Alex Martinez Law handles drunk driving accident claims for the people who were hurt. We gather the evidence, check whether a bar shares the blame, and explain your options in English or Spanish.
- Attorney Alex Martinez handles your case
- Hablamos español, 24/7 hotline
- 4.8 stars from 610 Google reviews
In the media
en los medios
“100% recommend fought for my case until the end, always kept good communication and answered my questions …”
Ile FarmsGoogle · EN
For people hurt by impaired drivers
When to call a
drunk driving
accident lawyer
A drunk driving accident claim is a civil case you bring against the driver, and in some cases against a bar or restaurant that kept serving them. It asks for money for your medical care, lost income and pain. It is separate from the DWI case, which the State brings against the driver in criminal court.
This page is for victims: Alex Martinez Law does not defend people charged with DWI. If you lost a family member, read about wrongful death claims in Texas.
Why Alex Martinez Law
Why choose our drunk driving accident attorney
tu familia primero
You should not have to fight insurers while the criminal case plays out. This is who works for you.
On the victim's side.
Our injury practice represents people who were hurt. We do not defend drivers charged with DWI.
Alex Martinez handles your case.
He is licensed in Texas and admitted to the U.S. District Court for the Southern District of Texas.
Trial experience on the team.
Adrian Martinez, of counsel, has more than 40 years in civil litigation.
Your language, any hour.
Hablamos español. Call the 24/7 line or send us a WhatsApp message when it suits you.
A fee only if we recover.
You pay no attorney’s fee unless we recover money for you. Case costs, such as filing fees and records, are explained in writing before you sign.
How we handle it
How we build a drunk driving accident case
Who works your case
Alex Martinez reviews your case first: the crash report, where the criminal case stands, and every insurance policy that could pay, including your own uninsured and underinsured motorist coverage. Our bilingual team gathers records and keeps you updated, and Adrian Martinez brings more than 40 years of civil litigation.
Evidence we gather
- Crash report, DWI arrest records and charges
- Breath or blood test results, when they exist
- Field sobriety notes, dashcam and body camera video
- Bar or restaurant receipts, tabs and video
- Witnesses who saw the driver drinking or driving
- Your medical records and bills
What to bring
No paperwork yet? Call anyway. We can request most records for you.
- The crash report number or the officer's card
- The criminal case number, if you have it
- Any letters from the prosecutor's office
- Photos of the scene and your injuries
- Medical records, bills and work notes
- Letters or call logs from any insurer
Crashes we handle
Crashes caused by impaired drivers
Wrong-way & head-on
An impaired driver on the wrong side of the road or highway.
Rear-end & intersection
A driver too impaired to stop, yield or read the light.
After a bar or party
A business that kept serving the driver may share the blame.
Underage drinking
An adult who knowingly served alcohol to a minor under 18 may be liable.
Drugged driving
Texas law counts drugs, as well as alcohol, as intoxication.
Pedestrians & passengers
People on foot, on a bike or riding in another car.
Texas rules in a drunk driving claim
General information, not legal advice. Exceptions apply — ask us about your own dates.
2 yrs
to file most injury lawsuits in Texas, counted from the day of the crash.
51%
If you are more than 50% responsible, you cannot recover. Otherwise, your share of fault reduces the award.
0.08
Texas defines intoxicated as an alcohol concentration of 0.08 or more, or losing the normal use of mind or body.
Dram shop
A bar or store can be liable if it served someone who was obviously intoxicated and a clear danger, and that intoxication caused the crash.
No cap
The usual cap on exemplary (punitive) damages does not apply to intoxication assault or manslaughter. These damages need clear and convincing proof and a unanimous jury.
$50K
Crime Victims' Compensation can pay up to $50,000 in crime costs insurance does not cover, more after a catastrophic injury. Apply within three years.
Seller training: a bar may avoid liability for a server's actions if it required state-approved seller training, the server took it, and the bar did not encourage over-serving. Tex. Alco. Bev. Code § 106.14
Criminal and civil: a DWI conviction needs proof beyond a reasonable doubt. Your civil claim is decided separately, on its own evidence. Tex. Penal Code § 2.01
From first call to resolution
What happens after you call
Every case moves at its own pace, and the criminal case keeps its own calendar. We tell you where yours stands.
-
01
Call or message us
Tell us what happened, day or night. We explain your options and whether we can help.
-
02
We secure the evidence
We request the crash report and arrest records, and ask bars and businesses to keep receipts and video.
-
03
Claims and benefits
We open claims with every insurer that may pay and check whether crime victims' compensation fits your case.
-
04
We follow the criminal case
The DWI case moves at its own pace in criminal court. What comes out there can help your claim.
-
05
Settlement or lawsuit
Once your losses can be measured, we negotiate. If the insurers will not pay fairly, we can file suit before the two-year deadline.
Fees and your case review
How much does a drunk driving accident lawyer cost?
You pay no attorney’s fee unless we recover money for you.
Case costs, such as filing fees and records, are explained in writing before you sign.
The case review is free, and we explain how fees and case costs work before you sign anything. Tell us what happened by phone, WhatsApp or the form, in English or Spanish, and our team gets back to you.
Your attorney
Alex Martinez
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the Southern District of Texas. Works with Adrian Martinez, of counsel, a trial lawyer with 40+ years in civil litigation.
Reviewed by Alex Martinez, State Bar of Texas
Questions
Drunk driving accident questions
General questions about injury claims, such as deadlines and fault, are answered on our McAllen personal injury lawyer page.
Do I have to wait for the DWI case to end before I file a claim?
No. Your civil claim and the criminal case are separate, and your claim can move forward while the DWI case is pending. The two-year deadline to file suit still applies, so waiting can cost you time you need.
What if the drunk driver is not convicted?
You can still bring a civil claim. A criminal conviction needs proof beyond a reasonable doubt, and your civil claim is decided separately, on its own evidence.
Can I sue the bar that served the driver?
Sometimes. Texas law allows a claim against a bar, restaurant or store that served a person who was obviously intoxicated and a clear danger, when that intoxication caused the crash. A business may avoid liability if it required state-approved seller training and did not encourage over-serving.
Can I get punitive damages from a drunk driver?
Possibly. Texas calls them exemplary damages, and they need clear and convincing proof of gross negligence and a unanimous jury. When the conduct is intoxication assault or intoxication manslaughter, the usual cap on these damages does not apply.
What is Texas Crime Victims' Compensation?
It is a state program run by the Texas Attorney General that can help pay costs of a violent crime, including DWI crashes, that insurance does not cover. The crime must be reported to police, and you generally apply within three years. We can help you see whether it fits your case. Crime Victims' Compensation Program
Injury help across South Texas
Offices in McAllen and Brownsville. Phone and video consultations anywhere in the Valley.
Hit by a drunk driver?
Call El Gallo.
Phone, WhatsApp or the form. English or Spanish, day or night.