Wichita Falls Drunk Driving Accident Attorney

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A drunk driving accident can change your life in seconds. Whether you were hit on Kemp Boulevard, near Midwestern Parkway, or somewhere along US-287 heading into Wichita Falls, the injuries that follow a DWI crash are often severe, and the path to recovery is rarely simple. At Chandler Ross Injury Attorneys, we represent people throughout the Wichita Falls area and North Texas who have been hurt by impaired drivers. If you or someone you love was injured by a drunk driver, you have real legal rights under Texas law, and we want to help you protect them.

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Why Drunk Driving Accidents in Wichita Falls Are So Dangerous

Drunk driving is one of the deadliest choices a person can make on the road. According to the Texas Department of Transportation, alcohol-impaired drivers were involved in crashes that killed 1,053 people in Texas in 2024, accounting for more than 25% of all traffic deaths in the state. That is not just a number. Those are real people with families, careers, and lives that were cut short by a completely preventable act.

TxDOT reports that in Texas, a crash involving a driver under the influence of alcohol happens every 23 minutes. That is more than 60 crashes a day, and a lifetime of pain for families who lose loved ones. Wichita Falls is not immune to this problem. The city’s main corridors, including Kell Boulevard, Lawrence Road, and the areas surrounding Sheppard Air Force Base, see heavy traffic at all hours, and impaired driving incidents happen throughout the week.

Drunk driving crashes tend to be more severe than other types of collisions. An impaired driver often fails to brake before impact, which means victims absorb the full force of a high-speed collision. The resulting injuries frequently include traumatic brain injuries, spinal cord damage, broken bones, and internal bleeding. These are not minor injuries. They require long-term medical care, rehabilitation, and in the most serious cases, around-the-clock support. When another driver’s reckless decision causes those injuries to you, Texas law gives you the right to pursue full compensation.

The attorneys at Chandler Ross Injury Attorneys handle drunk driving accident cases throughout the Wichita Falls area and across North Texas. We understand the physical, emotional, and financial toll these crashes take, and we fight to hold impaired drivers accountable. Call us at (940) 800-2500 to talk about what happened.

Texas Laws That Apply to Drunk Driving Accident Claims

Texas has clear criminal statutes that define drunk driving and its consequences, and those same laws directly support your civil injury claim. Under Texas Penal Code Section 49.04, a person commits the offense of Driving While Intoxicated (DWI) when they operate a motor vehicle in a public place while intoxicated. The law defines intoxication as having a blood alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of mental or physical faculties due to alcohol or drugs.

The penalties increase based on the circumstances. Under Texas Penal Code Section 49.04(d), if a driver’s BAC is 0.15 or higher at the time of analysis, the offense rises to a Class A misdemeanor. Under Section 49.045, a driver who operates a vehicle while intoxicated with a passenger under the age of 15 commits a state jail felony. These criminal charges matter to your civil case because a drunk driver’s criminal conviction can serve as powerful evidence of negligence in your personal injury lawsuit.

Texas Penal Code Section 49.07 covers Intoxication Assault. Under this statute, a person commits an offense when they operate a motor vehicle in a public place while intoxicated and, by reason of that intoxication, cause serious bodily injury to another. The law defines serious bodily injury as an injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of a bodily member or organ. This offense is classified as a third-degree felony.

If the drunk driver kills someone, Texas Penal Code Section 49.08 (Intoxication Manslaughter) applies, which is a second-degree felony. These criminal classifications reflect how seriously Texas treats impaired driving, and they reinforce the foundation of your civil compensation claim. The personal injury lawyers at Chandler Ross Injury Attorneys know how to use the criminal record of a DWI arrest and conviction to strengthen your case for damages.

What Compensation Can You Recover After a Wichita Falls Drunk Driving Accident

Texas law allows drunk driving accident victims to pursue two main categories of damages: economic and non-economic. Economic damages cover the financial losses you can document. Non-economic damages cover the human losses that are harder to put a number on but are just as real.

Economic damages in a drunk driving accident case typically include past and future medical bills, lost wages during your recovery, reduced earning capacity if your injuries prevent you from returning to your previous job, costs of physical therapy, and expenses for in-home care or assistive devices. If your vehicle was damaged or totaled, that is also a recoverable economic loss.

Non-economic damages include physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (which refers to the impact your injuries have on your relationship with your spouse or partner). These damages are real, and Texas law recognizes them fully.

Texas also allows for exemplary damages, which are sometimes called punitive damages, in drunk driving cases. Under Texas Civil Practice and Remedies Code Section 41.003, exemplary damages may be awarded when the defendant acted with gross negligence. Choosing to drive with a BAC well above the legal limit is exactly the kind of conduct that courts have found to support a gross negligence claim. This means a drunk driver may owe you more than just your out-of-pocket losses.

Every case is different, and the value of your claim depends on the specific facts, your injuries, and the available insurance coverage. Chandler Ross Injury Attorneys offers a free consultation so you can understand your options before making any decisions. Call (940) 800-2500 today.

Steps to Take After a Drunk Driving Accident in Wichita Falls

What you do in the hours and days after a drunk driving accident directly affects the strength of your legal claim. The steps below are not just good advice. They are the building blocks of a successful case.

Call 911 immediately. Get law enforcement to the scene. When officers respond to a crash and suspect impairment, they will conduct field sobriety tests, request a breath or blood sample, and create an official crash report. That report is one of the most important pieces of evidence in your case. The Wichita Falls Police Department and the Wichita County Sheriff’s Office both have the authority to make DWI arrests, and their documentation of the scene is critical.

Seek medical attention right away, even if you feel okay. Adrenaline can mask pain after a crash. Injuries like traumatic brain injuries and internal bleeding may not show symptoms immediately. Getting evaluated at United Regional Health Care System or another medical facility creates a medical record that connects your injuries to the crash.

Document the scene if you are able. Take photos of vehicle damage, road conditions, skid marks, and any visible injuries. Get the names and contact information of witnesses. If the other driver was cited or arrested for DWI at the scene, note that information.

Do not give a recorded statement to the other driver’s insurance company without speaking to an attorney first. Insurance adjusters are trained to limit payouts, and anything you say can be used to reduce your claim. Contact Chandler Ross Injury Attorneys at (940) 800-2500 before you talk to anyone from the other side.

Why Chandler Ross Injury Attorneys Is the Right Choice for Your Wichita Falls DWI Accident Case

Drunk driving accident cases are not the same as standard car accident claims. They involve criminal proceedings running alongside your civil case, potential punitive damages, and insurance companies that know exactly how to fight these claims. You need a legal team that understands how all of those pieces fit together.

Chandler Ross Injury Attorneys serves clients throughout North Texas, including Wichita Falls, Denton, and the surrounding communities. We handle the full range of serious injury claims, from crashes on US-82 near the Wichita Falls Municipal Airport to incidents on I-44 near Lucy Park. We know the Wichita County courts, and we know how to build cases that hold drunk drivers and their insurers accountable.

Our firm takes drunk driving cases on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There are no upfront costs, no hourly fees, and no financial risk to you for getting the legal help you need. We handle every aspect of your case, from gathering police reports and medical records to working with accident reconstruction experts and negotiating with insurance companies.

Texas law gives most personal injury victims two years from the date of the accident to file a lawsuit, under Texas Civil Practice and Remedies Code Section 16.003. That deadline is firm. Waiting too long can eliminate your right to recover compensation entirely, so it is important to act quickly. Call Chandler Ross Injury Attorneys at (940) 800-2500 or reach out online to schedule your free consultation. Past results in any individual case do not guarantee the same outcome in another matter, as each case depends on its own unique facts and applicable law.

FAQs About Wichita Falls Drunk Driving Accident Attorney

Does the drunk driver have to be convicted of DWI for me to win my civil case?

No. A criminal conviction is not required for you to succeed in a civil personal injury claim. The standard of proof in a civil case is “preponderance of the evidence,” meaning it is more likely than not that the driver was negligent. That is a lower bar than the criminal “beyond a reasonable doubt” standard. A DWI arrest, failed field sobriety tests, or a blood alcohol result above the legal limit can all support your civil claim even if the criminal case is plea-bargained or dismissed.

Can I still recover compensation if the drunk driver had no insurance?

Yes. If the at-fault driver had no insurance or insufficient coverage, you may be able to file a claim under your own uninsured or underinsured motorist (UM/UIM) coverage, if you carry it. Texas law requires insurers to offer this coverage, though drivers can reject it in writing. In some cases, there may also be a third-party liability claim against a bar or restaurant that served the driver alcohol under Texas’s Dram Shop Act, found in Texas Alcoholic Beverage Code Chapter 2.

How long do I have to file a drunk driving accident lawsuit in Wichita Falls?

Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. Wrongful death claims also carry a two-year deadline, running from the date of the victim’s death. Missing this deadline typically means losing your right to sue entirely. Contact an attorney as soon as possible so your claim can be investigated and filed within the required time frame.

What if I was partially at fault for the accident?

Texas follows a modified comparative fault rule under Civil Practice and Remedies Code Section 33.001. This means you can still recover damages as long as you are found to be 50% or less responsible for the accident. Your total compensation is reduced by your percentage of fault. For example, if you are found 10% at fault and your damages total $100,000, you would recover $90,000. An attorney can help you build the strongest possible case to minimize any fault assigned to you.

What if the drunk driver killed a family member? Can I still file a claim?

Yes. When a drunk driving accident results in a death, eligible family members can pursue a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71. Spouses, children, and parents of the deceased may file this type of claim. A separate survival action may also be available to the estate of the person who died. These cases often involve significant damages, including funeral costs, lost financial support, and loss of companionship. Chandler Ross Injury Attorneys handles wrongful death cases and can walk you through your options at no upfront cost.

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