San Antonio Drunk Driving (DWI) Victim Injury Lawyer
When an intoxicated driver makes the decision to get behind the wheel, the consequences are life-altering. You should not have to carry the financial burden of medical bills, missed work and physical suffering caused by someone else’s reckless choice. At Vela & Del Fierro, P.C., we provide aggressive, honest legal representation to hold drunk drivers accountable and fight to secure the financial recovery your family needs.
Criminal Prosecution Versus Civil Injury Claims: Understanding The Difference
Many victims assume that when the police arrest a drunk driver, the justice system will automatically take care of their medical bills and financial losses. However, the criminal justice system and the civil justice system serve two completely different purposes:
- Criminal prosecution: The state of Texas prosecutes the driver to punish them for breaking the law. Penalties in criminal court include jail time, fines paid to the government and license suspensions. Criminal court does not award you compensation for your injuries or lost wages.
- Civil injury claims: A civil personal injury lawsuit is brought by you, the victim, to seek financial recovery directly from the drunk driver and their insurance provider. This lawsuit covers your medical expenses, property damage, lost earning capacity, pain and emotional distress.
Pursuing Exemplary (Punitive) Damages For Gross Negligence
In standard personal injury cases, compensation covers actual economic and physical losses. However, driving under the influence goes beyond simple carelessness; it is a conscious disregard for the safety of others.
Under Texas Civil Practice and Remedies Code § 41.003, injury victims can seek exemplary damages (also known as punitive damages) in cases involving gross negligence. Rather than simply replacing what you lost, exemplary damages are designed to punish the driver for extreme misconduct and deter others from making the same reckless choice.
Holding Negligent Establishments Accountable Under The Texas Dram Shop Act
In many drunk driving collisions, the driver is not the only party responsible for your injuries. Texas law recognizes that commercial establishments that profit from serving alcohol must do so responsibly.
Under the Texas Dram Shop Act, a commercial establishment – such as a bar, nightclub, restaurant or sports venue – can be held financially liable for injuries caused by an intoxicated patron if:
- The establishment sold or served alcohol to a patron who was obviously intoxicated to the extent that they presented a clear danger to themselves and others.
- The patron’s intoxication was the direct cause of the collision and your resulting injuries.
Bars and restaurants often attempt to shift blame or hide behind internal policies. Our firm acts quickly to subpoena receipts, bar tabs, surveillance footage and witness testimony to determine whether a negligent business contributed to the crash.
Why Choose Vela & Del Fierro, P.C.
Attorney Daniel Vela spent five years serving as an assistant district attorney in Texas courtrooms and 20 years in private practice. During his time as a prosecutor, he tried numerous cases, evaluated police reports, cross-examined defense witnesses and mastered the mechanics of criminal DWI prosecutions.
This background provides our firm with a distinct advantage in civil court. We know how to track parallel criminal prosecutions and secure key evidence gathered by law enforcement, including:
- Police dashcam and bodycam footage
- Field sobriety test results and officer observations
- Blood alcohol content (BAC) lab results and breathalyzer data
- Driver statements and 911 dispatch recordings
- Criminal court guilty pleas or convictions
By leveraging evidence from the state’s criminal case, we construct powerful civil claims that leave insurance companies with very little room to dispute liability. We operate on a contingency fee basis. You pay nothing unless we win your case.
Contact Our San Antonio Drunk Driving Victim Lawyers Today
If you or a loved one suffered injuries caused by an intoxicated driver in San Antonio, Bexar County or the surrounding South Texas communities, do not attempt to deal with aggressive insurance adjusters on your own. Let our experienced, dedicated Spanish-speaking team protect your rights and fight for the full financial compensation you deserve.
Call us today at 210-617-3925 or contact us online to schedule your free consultation. Hablamos español.