Super Bowl Sunday is one of America’s most celebrated events, bringing friends and family together for food, fun, and football. But for Dallas-Fort Worth area residents, it’s also one of the most dangerous days on Texas roads. As celebrations ramp up across the Dallas-Fort Worth metroplex, so does the risk of drunk driving accidents that can change lives in an instant.
At O’Hare and Koch, our Carrollton drunk driving accident lawyers have seen firsthand the devastating impact these preventable tragedies have on victims and their families. While we hope you never need our services, we believe everyone deserves to know their rights and understand what to do if the unthinkable happens.
The Sobering Statistics: Super Bowl Sunday’s Dark Side
The numbers don’t lie, and recent data from the Texas Department of Transportation (TxDOT) and the National Highway Traffic Safety Administration (NHTSA) paints a stark picture. In 2024, Texas saw a tragic total of 1,053 people killed in motor vehicle crashes where a driver was under the influence of alcohol. This accounts for roughly 25% of all traffic fatalities in the state for the year.
Historically, Super Bowl Sunday remains a peak time for these incidents. According to the NHTSA, drunk driving fatalities can spike by as much as 22% to 41% on Super Bowl Sunday compared to typical Sundays. Locally, the DFW metroplex remains a high-risk zone. A 2024 study of the 50 largest U.S. cities found that Dallas (44.3%) and Fort Worth (43.9%) have some of the highest percentages of fatal crashes involving a drunk driver in the nation. These aren’t just statistics; they represent families whose lives are forever altered by a reckless decision.
Why Drunk Driving Cases in Texas Are a Different Legal Beast
If you’ve been hit by a drunk driver in Texas, you aren’t just dealing with a “car accident.” You are dealing with a crime scene and a life-altering choice made by at least one other person or business. Under Texas law, these cases shift from standard insurance disputes into high-stakes legal battles with unique rules.
Here is how our firm approaches the three pillars that set these cases apart:
1. The Criminal Case vs. Your Civil Claim
When a drunk driver is arrested, the State begins a criminal prosecution. While the District Attorney is focused on possible jail time, our focus is on your financial recovery. You don’t have to wait for a “Guilty” verdict to begin your fight for compensation, but we use that criminal process as a strategic weapon:
- Evidence Leverage: We hunt for the breathalyzer results, dashcam footage, and police reports generated by the criminal investigation to build your civil case.
- Negligence Per Se: If the driver is convicted of a DWI, Texas law often allows us to use a “shortcut.” We can argue they were negligent as a matter of law because they broke a safety statute, making it much harder for insurance companies to dodge liability.
- A Lower Burden of Proof: Criminal courts require a much higher level of certainty to convict. In your civil claim, we only need to prove it is “more likely than not” (51%) that the driver caused your injuries. Even if they “beat the rap” in criminal court, we can still hold them accountable in civil court.
2. Seeking Justice Beyond the Bills: Punitive Damages
In a typical car wreck, you seek “compensatory” damages to cover medical bills and car repairs. But drunk driving isn’t a typical wreck — it’s Gross Negligence. Texas law allows us to pursue Exemplary (Punitive) Damages. These aren’t meant to cover your bills; they are designed to punish the driver for their reckless disregard for human life. While criminal fines go to the State, punitive damages go directly to the victim. This ensures that the driver — and their insurance company — feels the true weight of their decision.
3. Holding the Source Accountable: The Texas Dram Shop Act
Sometimes, the person behind the wheel isn’t the only one who failed you. Under the Texas Dram Shop Act, the “last clear chance” to prevent the accident often starts at the bar or restaurant. A business may be held legally liable if:
- Obvious Intoxication: They served alcohol to a person who was so clearly intoxicated they presented a danger to themselves or others.
- The Proximate Cause: That intoxication led directly to the crash that injured you.
By pursuing a Dram Shop claim, we look beyond the driver’s insurance policy to ensure the businesses profiting from over-service are held just as accountable as the person they put on the road.
When the Crash Happens: Protecting Your Rights
If you or a loved one is injured by a drunk driver, knowing what to do in the immediate aftermath can significantly impact your recovery. Here’s your essential action plan:
- Prioritize Safety and Medical Care: Call 911 immediately. Seek medical attention even if injuries seem minor, as internal bleeding, traumatic brain injuries and soft tissue injuries may not show symptoms right away. Medical records created at the scene are crucial evidence.
- Document Everything: If physically able, take photos or videos of vehicle damage, road conditions, and the scene. Get contact information from witnesses and note any statements made by the other driver regarding alcohol consumption.
- Never Admit Fault: Be polite but cautious. Even an innocent “I’m sorry” can be misconstrued as an admission of fault. Stick to the facts when speaking with police.
- Contact a Dallas Drunk Driving Accident Lawyer Immediately: Insurance companies often contact victims within hours with lowball settlement offers. These rarely account for the full extent of future medical needs or long-term pain and suffering.
The O’Hare and Koch Difference
When you’re recovering from injuries caused by a drunk driver, you need an advocate who understands the complex legal landscape. At O’Hare and Koch, we bring decades of experience in Texas drunk driving litigation and a proven track record of securing substantial settlements. We work on a contingency fee basis, meaning we don’t get paid unless we recover money for your case.
Ready to Talk to a Top-Rated Carrollton Personal Injury Lawyer?
You didn’t choose to be injured, but you can choose how you recover. Acting quickly and getting the right legal guidance makes all the difference between frustration and financial relief.
If you or a loved one were hurt by a drunk driver in Carrollton, Dallas, or anywhere in North Texas, don’t wait. Contact the O’Hare and Koch Law Firm today for a free, confidential case review. Let our experienced team start building your strongest possible claim while you focus on healing.
