Getting hit by a drunk driver in McAllen changes everything in an instant. While you’re recovering from injuries you never should have suffered, the intoxicated driver who caused your crash may face criminal charges—but that doesn’t compensate you for medical bills, lost income, or the pain you’re enduring. As a McAllen drunk driving accident lawyer, Kenny Perez Law has recovered over $75 million for injury victims throughout Hidalgo County, and we know how to hold drunk drivers accountable in civil court.
Kenny Perez Law has successfully represented dozens of DUI crash victims across the Rio Grande Valley, pursuing not just compensatory damages but punitive damages designed to punish reckless behavior. As a McAllen native who knows 10th Street, Business 83, and every dangerous intersection where drunk drivers have caused crashes, Kenny Perez understands what Valley families face after these preventable tragedies. With 300+ five-star reviews from satisfied clients, our firm has the track record you need. Call (956) 305-5351 today for a free consultation—you pay nothing unless we win your case.
On This Page:
- After a drunk driving crash
- Building your case
- Pursuing maximum compensation
- Going after all liable parties
- Why drunk driving crashes are different
- Damages available to DUI victims
- Texas dram shop law
- Punitive damages explained
- Criminal case vs. civil case
- Common drunk driving injuries
- Frequently asked questions
- Why choose Kenny Perez Law
Why Drunk Driving Crashes Are Different from Other Accidents
When someone gets behind the wheel after drinking, they make a conscious choice to endanger everyone on McAllen roads. Unlike typical car accidents where negligence might be debatable, drunk driving cases involve clear, willful misconduct. This distinction matters because Texas law allows victims to pursue punitive damages in addition to standard compensation—damages specifically designed to punish the drunk driver and deter others from similar behavior.
At Kenny Perez Law, we’ve seen the devastating results of drunk driving throughout Hidalgo County: families destroyed, promising futures cut short, and injuries that change victims’ lives permanently. These aren’t accidents in the true sense—they’re crashes caused by someone who chose to drink and drive despite knowing the risks.
The McAllen area faces particular challenges with drunk driving. Late-night crashes on Business 83, weekends when intoxicated drivers leave bars on 10th Street, and holiday periods all see spikes in DUI-related collisions. Valley Regional Medical Center and Rio Grande Regional Hospital treat too many victims who did nothing wrong except be on the road at the same time as a drunk driver.
If an intoxicated driver hit you or someone you love, you deserve more than what insurance companies typically offer. Contact Kenny Perez Law for a free case review.
What to Do Immediately After a Drunk Driving Crash in McAllen
The moments after getting hit by a drunk driver are chaotic and frightening. Your actions during this critical period can significantly impact your ability to recover full compensation later.
Prioritize Safety and Medical Care
Check yourself and passengers for injuries. Even if you feel okay, adrenaline can mask serious injuries. Accept emergency medical treatment—paramedics can document injuries and their severity, creating important evidence. If the drunk driver caused a serious crash on US-83 or I-2, emergency responders will transport you to the nearest hospital. Don’t refuse treatment because you’re worried about costs. Your health comes first, and Kenny Perez Law can help you recover those medical expenses.
Call the Police
Always call 911 after a crash involving a suspected drunk driver. McAllen Police Department or Texas DPS will respond, document the scene, and likely administer field sobriety tests or a breathalyzer to the other driver. The police report becomes critical evidence in your case. Officers trained in DUI detection can identify signs of intoxication and note them in their report.
Document Everything
If you’re physically able, take photos of vehicle damage, road conditions, traffic signs, and the other driver. Note anything suggesting intoxication: slurred speech, alcohol smell, erratic behavior, bloodshot eyes. Take photos of any open containers or alcohol bottles visible in the other vehicle. Document skid marks, debris, and final vehicle positions. This evidence can prove how the crash happened and the drunk driver’s condition.
Don’t Accept Quick Settlement Offers
Insurance companies know drunk driving cases can result in substantial verdicts, so they may pressure you to settle quickly before you understand the full extent of your injuries or consult an attorney. Don’t sign anything or accept any offers without speaking to a McAllen drunk driving accident lawyer first.
Contact Kenny Perez Law
Call us as soon as possible after the crash. We’ll begin investigating immediately, preserving evidence that could disappear, and protecting your rights while you focus on recovery. Early attorney involvement often results in better outcomes because we can gather evidence while it’s still fresh and prevent insurance companies from taking advantage of you.
How Kenny Perez Law Investigates Your Drunk Driving Case
DUI crash cases require thorough investigation to maximize your compensation. Our approach goes beyond the police report to build the strongest possible case.
Obtaining the Criminal Case File
If the drunk driver faces DWI charges in Hidalgo County, we obtain the complete criminal case file including breathalyzer results, blood alcohol content (BAC) tests, field sobriety test videos, officer testimony, and any evidence the district attorney compiled. A criminal conviction for DWI strengthens your civil case significantly, though you don’t have to wait for the criminal case to conclude before pursuing compensation.
Reconstructing the Crash
We work with accident reconstruction specialists who analyze vehicle damage, road evidence, witness statements, and crash dynamics to demonstrate exactly how the drunk driver caused the collision. This becomes especially important when the drunk driver or their insurance company tries to shift blame or minimize their responsibility.
Documenting Your Injuries
We ensure your medical records fully document all injuries, treatment received, ongoing care needs, and long-term prognosis. Many drunk driving crashes cause severe injuries because intoxicated drivers have slower reaction times and can’t brake or take evasive action before impact. We work with your doctors to understand the full scope of your injuries and their impact on your life.
Investigating the Drunk Driver’s History
Prior DWI convictions, previous crashes, or a pattern of drunk driving strengthens claims for punitive damages. We investigate the driver’s history through court records, driving records, and other sources to show this wasn’t an isolated mistake but part of a dangerous pattern.
Identifying All Liable Parties
Sometimes the drunk driver isn’t the only party responsible. If a bar or restaurant overserves them, Texas dram shop law may allow you to pursue the establishment as well. We investigate where the driver was drinking before the crash and whether that business shares liability.
Don’t let evidence disappear or witnesses’ memories fade. Call Kenny Perez Law now so we can begin investigating your drunk driving crash immediately.
Compensation Available to McAllen Drunk Driving Accident Victims
Victims of drunk driving crashes in Texas can recover several types of damages, often totaling significantly more than typical car accident cases.
Economic Damages
These cover measurable financial losses: all medical expenses including emergency room treatment, hospitalization, surgery, medication, physical therapy, and future medical care. You can recover lost wages for time missed from work, plus lost earning capacity if your injuries prevent you from returning to your previous job or working at all. Property damage to your vehicle and personal belongings is also recoverable. If you require long-term care, home modifications, or assistive devices, those costs factor into your compensation.
Non-Economic Damages
Physical pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, disfigurement, and disability all warrant compensation. Texas law doesn’t cap non-economic damages in drunk driving cases the way it does in medical malpractice, allowing juries to award amounts that truly reflect your suffering. The terror of being hit by a drunk driver, the trauma of serious injuries, and the life disruption you’ve experienced all have real value.
Punitive Damages in Drunk Driving Cases
Here’s where drunk driving cases differ dramatically from ordinary car accidents. Texas Civil Practice & Remedies Code Section 41.003 allows punitive damages when a defendant’s conduct involves gross negligence. Drunk driving typically meets this standard because getting behind the wheel while intoxicated shows extreme disregard for others’ safety.
Punitive damages aren’t meant to compensate you—they’re meant to punish the drunk driver and deter others from similar behavior. While compensatory damages address your losses, punitive damages can multiply your recovery significantly. Texas limits punitive damages to the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000, but this still often means substantial additional compensation.
The possibility of punitive damages gives your attorney powerful leverage when negotiating with insurance companies, who know that juries often award significant punitive damages in drunk driving cases.
Loss of Consortium and Family Damages
If the drunk driver killed your loved one, surviving family members can pursue wrongful death damages including loss of companionship, mental anguish, loss of inheritance, and funeral expenses. Drunk driving wrongful death cases often result in the highest verdicts because juries understand these deaths were completely preventable.
Texas Dram Shop Law: Holding Bars and Restaurants Accountable
Sometimes the drunk driver who hit you isn’t the only party responsible. Texas Alcoholic Beverage Code Section 2.02 creates liability for bars, restaurants, and other establishments that overserve intoxicated patrons or serve minors who then cause crashes.
When Bars Can Be Held Liable
A bar or restaurant can be held responsible if they served alcohol to someone who was “obviously intoxicated to the degree that he presented a clear danger to himself and others” and that intoxication caused the crash. Signs of obvious intoxication include slurred speech, inability to walk straight, aggressive behavior, or passing out. If bartenders or servers continued serving someone showing these signs, the establishment shares responsibility for the resulting crash.
Establishments can also be liable for serving alcohol to minors (under 21) who then cause crashes while intoxicated, even if the minor didn’t appear obviously intoxicated at the time of service.
Why Dram Shop Cases Matter
Pursuing the bar or restaurant in addition to the drunk driver can significantly increase your recovery. Many drunk drivers lack sufficient insurance to fully compensate for serious injuries. Bars and restaurants typically carry substantial liability insurance, providing an additional source of compensation. Furthermore, holding establishments accountable encourages better training for servers and bartenders, potentially preventing future drunk driving crashes.
Investigating Dram Shop Liability
Kenny Perez Law investigates where the drunk driver was drinking before the crash. We obtain the establishment’s serving records, interview servers and bartenders, review security camera footage, and consult with witnesses who saw the driver at the bar. We look for evidence the driver was visibly intoxicated but continued to be served.
McAllen’s 10th Street entertainment district, restaurants along Business 83, and bars throughout Hidalgo County all have responsibilities under Texas dram shop law. When they fail in those responsibilities, we hold them accountable.
Criminal Case vs. Civil Case: Understanding the Difference
Many drunk driving crash victims assume that because the driver faces DWI charges, they’ll automatically receive compensation. That’s not how it works. The criminal case and your civil case are separate proceedings with different purposes.
The Criminal DWI Case
The State of Texas prosecutes the drunk driver for breaking criminal law. If convicted, the driver faces fines, jail time, license suspension, and other penalties. However, criminal cases don’t provide compensation to victims. A criminal conviction benefits your civil case, but it doesn’t replace it.
Your Civil Personal Injury Case
This is where you pursue compensation for your injuries, lost wages, pain and suffering, and other damages. You (through your attorney) file a lawsuit against the drunk driver and potentially other liable parties like bars that overserved them. The standard of proof is lower in civil cases—preponderance of the evidence rather than beyond a reasonable doubt—making it easier to win.
How They Work Together
Evidence from the criminal case—breathalyzer results, officer testimony, blood tests, field sobriety videos—strengthens your civil case. A criminal conviction for DWI provides powerful evidence of fault in your civil lawsuit. However, you don’t have to wait for the criminal case to conclude before pursuing your civil claim. In fact, you shouldn’t wait because Texas’s two-year statute of limitations applies to your civil case regardless of criminal proceedings.
You have two years from the crash date to file a civil lawsuit in Texas. Don’t let this deadline pass—call Kenny Perez Law today.
Common Injuries in McAllen Drunk Driving Crashes
Drunk drivers often cause especially severe crashes because their impaired reaction times prevent them from braking before impact. Common injuries we see in McAllen DUI crashes include:
Traumatic Brain Injuries (TBI)
Head trauma from the impact can cause concussions, skull fractures, or severe brain injuries requiring long-term treatment. TBI symptoms might not appear immediately but can include headaches, confusion, memory problems, mood changes, and cognitive difficulties. Severe TBI can permanently alter your life.
Spinal Cord Injuries
Damage to the spinal cord can cause partial or complete paralysis, requiring lifetime medical care, home modifications, assistive devices, and attendant care. These injuries often result in million-dollar-plus verdicts because of the enormous lifetime costs.
Broken Bones and Fractures
High-impact crashes frequently cause broken ribs, fractured legs, shattered pelvises, broken arms, and facial fractures. Some fractures require surgery, metal hardware, and lengthy recovery periods. Complications can include chronic pain, limited mobility, and arthritis.
Internal Injuries
Blunt force trauma can damage internal organs including the liver, spleen, kidneys, or lungs. Internal bleeding can be life-threatening and may not be immediately apparent after the crash. Emergency surgery is often required.
Lacerations and Scarring
Broken glass and crushed metal cause deep cuts that may result in permanent scarring, especially on the face, arms, and legs. Disfigurement damages are recoverable, and plastic surgery costs factor into your compensation.
Psychological Trauma
The emotional impact of being hit by a drunk driver can be devastating. Many victims develop PTSD, anxiety about driving, depression, and sleep disturbances. Mental health treatment is a compensable damage, and the psychological impact affects your overall settlement value.
Wrongful Death
The most tragic outcome occurs when drunk drivers kill innocent people. Valley families have lost parents, children, spouses, and siblings to drunk drivers on McAllen roads. No amount of money replaces a loved one, but wrongful death compensation provides justice and financial security for surviving family members.
Why Choose Kenny Perez Law for Your McAllen Drunk Driving Case
Choosing the right attorney for your drunk driving crash case affects both your recovery amount and your experience throughout the legal process.
Results That Speak Louder Than Promises
Kenny Perez Law has recovered more than $75 million for injured clients and their families across Texas. Our track record includes significant settlements and verdicts in drunk driving cases where we pursued both compensatory and punitive damages. We know how to maximize recovery in DUI crash cases.
McAllen Roots and Valley Knowledge
Kenny Perez grew up in the Rio Grande Valley and knows McAllen intimately. We know the dangerous intersections on Business 83 where drunk drivers cause crashes, the local hospitals treating victims, the Hidalgo County courts where cases are tried, and the insurance companies that try to minimize payouts. This isn’t just our practice area—it’s our home.
Taking on Insurance Companies
Insurance companies fear attorneys who aren’t afraid to try cases. We’ve successfully litigated against State Farm, Allstate, GEICO, Progressive, and every major insurer. They know Kenny Perez Law means business. When they refuse fair settlement offers, we take them to court and let Hidalgo County juries decide what your case is worth.
Bilingual Representation
Kenny Perez and our entire staff speak Spanish fluently. Spanish-speaking families receive the same level of attention, explanation, and advocacy as English-speaking clients—with no communication barriers and no translators needed. We explain your legal rights and options in the language you’re most comfortable with.
No Fee Unless We Win
We work on contingency, meaning you pay nothing upfront and owe us nothing unless we recover compensation for you. You can afford the same high-quality legal representation that insurance companies hire, regardless of your financial situation.
Personal Attention to Every Client
You’re not a case number at Kenny Perez Law. We limit our caseload so each client receives the personal attention they deserve. You’ll have direct access to your attorney, regular updates on your case progress, and answers to all your questions.
300+ Five-Star Reviews
Hundreds of satisfied clients have shared their experiences working with Kenny Perez Law. We’re the most-reviewed personal injury firm in the Rio Grande Valley because we deliver results and treat every client with respect and compassion.
