Drunk Driving Accident Lawyer in Erath County

Criminal Defense Depth Behind Every Personal Injury Case

When a drunk driver injures you or someone you love, the evidence trail starts at the scene and runs straight through the arresting officer’s DWI investigation. At Law Offices of Landon Northcutt, we handle both criminal defense and personal injury law, which means we know exactly how to read that evidence when building your civil claim. Since 1999, we’ve represented clients across more than 100 Texas counties in over 200 jury trials, and we’re ready to fight for you in Erath County.

We offer free initial consultations so you can understand your rights and options before making any decisions. Attorney-client communication is a priority here: you’ll know where your case stands and why.

If you’ve been injured by a drunk driver in Erath County, call Law Offices of Landon Northcutt today at (254) 355-4654 to schedule your free consultation.

How a DWI Crash Differs from a Standard Accident Case

A drunk driving accident triggers two separate legal proceedings. The criminal DWI case is brought by the state, and its outcome doesn’t determine what you recover in a civil injury claim. Both run on parallel tracks with their own burdens of proof.

Under Texas law, a driver is legally intoxicated when their blood alcohol concentration (BAC) reaches .08% or higher. Commercial drivers face a lower threshold of .04%. When a crash causes serious bodily injury, the DWI charge can be elevated to a felony, a fact that shapes the evidentiary record available to your civil case.

Using DWI Evidence to Establish Negligence

To recover compensation, an injured person must show the driver owed a duty of care, breached that duty, and that the breach directly caused their injuries and losses. A drunk driver who gets behind the wheel already in violation of the law can make that case significantly stronger.

The arrest record, breath or blood test results, and field sobriety test failures from the DWI investigation can all serve as evidence in the civil claim. Attorney Northcutt holds formal recognition as an operator and instructor with CMI Inc. Intoxilyzer®, the manufacturer of breath-testing equipment used in Texas DWI cases. That background means we can independently evaluate how a breath test was administered and identify procedural or accuracy issues.

When a drunk driver’s conduct rises to the level of gross negligence, Texas law permits a court to award exemplary (punitive) damages intended to punish the behavior rather than simply compensate the victim. These awards require clear and convincing evidence, and the cap that typically limits exemplary damages doesn’t apply in cases involving intoxication assault or intoxication manslaughter. That can make exemplary damages a meaningful part of what may be pursued in a drunk driving case.

Texas Dram Shop Liability

The drunk driver isn’t always the only party who can be held responsible. The Texas Dram Shop Act allows an injured person to bring a civil claim against a bar, restaurant, or other licensed alcohol-serving establishment that served a visibly intoxicated patron who then caused harm. The law also applies when an establishment serves alcohol to a minor who goes on to cause an accident.

Proving a dram shop claim typically requires evidence that the patron was obviously intoxicated at the point of service: surveillance footage, receipts showing volume of purchases, or witness accounts. These cases require fast action because surveillance footage can disappear quickly.

How Shared Fault Affects Your Recovery

Texas follows a proportionate responsibility rule. If you’re found 50% or less at fault, you can still recover compensation, though your award is reduced by your percentage of fault. If you’re found 51% or more at fault, you’re barred from recovering anything. Insurance companies know this rule and may try to shift blame onto you early in the process. Having experienced representation from the start can help counter that effort.

Compensation Available to Drunk Driving Victims

Injured victims may recover economic damages covering medical expenses and lost wages, as well as noneconomic damages for pain and suffering. When a drunk driver kills someone, surviving family members may pursue a wrongful death claim seeking funeral costs, loss of companionship, and other recognized damages. If the at-fault driver carried little or no insurance, your own uninsured/underinsured motorist coverage may provide an additional source of recovery. We review all available coverage as part of evaluating your case.

Steps to Take After a Drunk Driving Accident in Erath County

The decisions you make in the days after an accident affect what you may recover later. These steps matter:

• Get medical attention immediately, even if injuries seem minor. Some injuries don’t present symptoms right away, and a medical record establishes the connection to the crash.
• Obtain the police report from the responding agency and preserve any photographs, video, or witness contact information from the scene.
• Avoid discussing the accident on social media or with insurance adjusters before speaking with an attorney. Early statements can be used in ways that may reduce your recovery.
• Be aware of the filing deadline. In Texas, personal injury and dram shop claims must generally be filed within two years of the accident date. Wrongful death claims run two years from the date of death.

Felony DWI hearings in Erath County, including cases elevated for serious bodily injury, are handled by the 266th Judicial District Court in Stephenville. We’re familiar with that court and with the courts that may handle related civil proceedings.

Talk to Law Offices of Landon Northcutt Before Talking to Anyone Else

A free consultation costs you nothing and gives you a clear picture of where you stand. We can review the facts of your case, explain your legal options, and tell you honestly what the path forward may look like. Call Law Offices of Landon Northcutt at (254) 355-4654 to schedule your free consultation today.