Can you sue a drunk driver in Texas?
Yes. If a drunk driver caused your injuries, you may seek payment through a civil claim. That claim addresses your losses. The criminal DWI case addresses the driver's conduct under criminal law. They have different purposes, rules, and deadlines.
You do not need a conviction before asking a lawyer to protect your injury claim. A dismissed charge does not, by itself, end the civil case. Nor does an arrest settle fault. We still need to show how the crash happened, how it hurt you, and what those injuries have cost.
This matters if the driver denies drinking, the test results are not yet available, or the prosecutor has not filed charges. Photos, witness accounts, video, and medical records can still help prove the case. Some criminal records may not be available right away. We assess what can be obtained and when.
A lawyer may seek a settlement from an insurer before filing suit. If a fair agreement cannot be reached, a lawsuit may be needed. Negotiations do not, by themselves, stop the filing clock.
Who may pay after a drunk driving crash?
The first question is who is legally at fault. The next is whether there is coverage or another source that can pay. Those are not the same question. A strong liability case can still face limited insurance.
The driver's liability policy
We identify the insurer, seek the policy limits, and assess any coverage dispute. Intoxication does not tell us how much insurance exists.
An employer or vehicle owner
If the driver was working, the employer may share liability. The job, trip, and employment relationship matter. Ownership alone does not prove fault.
A bar or other provider
A separate claim may exist if the facts meet Texas alcohol-provider liability law. Serving someone who later crashes is not enough on its own.
UM/UIM or PIP
Your policy may offer help when the other driver has no insurance or too little, or with some early medical costs and lost income.
What if the drunk driver has no insurance?
Ask for a review of your own auto policy, not just the other driver's insurance card. Uninsured motorist coverage may apply when the driver has no insurance. Underinsured motorist coverage may apply when the driver's coverage is too low. Eligibility, limits, exclusions, and notice or settlement terms need to be checked.
The Texas Department of Insurance auto insurance guide explains that insurers must offer UM/UIM, which you can reject in writing. Texas auto policies include personal injury protection, or PIP, unless you reject it in writing. PIP can help with medical bills and some lost income without waiting for a fault decision, subject to the policy.
Before signing a release or accepting a final payment, find out which claims it settles and whether it affects other coverage. Our guide to Texas fault and auto insurance explains how injury claims and your own coverage differ.
Evidence to save after being hit by a drunk driver
Get medical help first. Call 911 for an emergency or unsafe crash scene. If it is safe, keep what you can without confronting the other driver or putting yourself at risk.
- Save the crash details. Keep the date, location, report number, witness contacts, vehicle photos, and the names of the responding agencies.
- Keep original photos and video. Save dashcam files before they loop over. Keep the originals rather than only edited clips or social posts.
- Write down what you observed. Note slurred speech, stumbling, alcohol containers, or what the driver said. Describe facts rather than guessing a blood alcohol level.
- Track your care and missed work. Keep visit records, bills, work restrictions, receipts, and a short record of symptoms and daily limits.
- Keep insurer messages. Save letters, claim numbers, texts, and any proposed release. Ask for advice before agreeing to a final settlement.
What we look for beyond the crash report
A report is a starting point, not the whole investigation. We may seek officer video, 911 records, witness accounts, and available blood or breath test records. If a bar may be involved, we look for service receipts, surveillance, staff accounts, and evidence of the driver's condition when served.
For a work vehicle, dispatch records, trip data, and driver files may help show who controlled the trip. Records can be overwritten or lost. Retention periods differ, so there is no single countdown that applies to all evidence. A preservation request can help protect records, but it does not prove that they exist or make them available without the proper process.
You do not have to gather all of this before calling. Tell us what you know. We can discuss the missing records and the next steps.
What compensation can an injury claim seek?
A drunk driving injury claim may seek money for past and future medical care, lost wages, reduced ability to earn, pain, mental anguish, physical limits, and disfigurement. Vehicle damage is a separate loss to document. Each category needs proof, and the same loss cannot be paid twice.
A serious brain injury or spinal injury can require care long after the first hospital stay. We look at the treatment plan, future needs, and how the injury affects work and daily life. If a loved one died, the family and estate may have different claims. Our Texas wrongful death page explains who may bring them.
There is no reliable average settlement for your case
Another person's result cannot price your injury. The medical proof, long-term harm, fault disputes, insurance limits, and ability to collect all affect value. A quick offer may not account for care you still need. We review those issues before advising you on an offer.
Can you seek punitive damages against a drunk driver?
Possibly, but punitive damages are not automatic. They punish qualifying conduct rather than pay ordinary losses. Texas Chapter 41 requires clear and convincing evidence of fraud, malice, or gross negligence. A jury must be unanimous on liability for punitive damages and the amount.
The usual cap has statutory exceptions. Under Section 41.008(c), claims based on conduct described as intoxication assault or intoxication manslaughter may fall outside that cap. Those exceptions do not remove the separate proof requirements or guarantee an award. A DWI allegation alone does not establish the exception.
Can you sue the bar that served the driver?
Texas allows some claims against alcohol providers. These are often called dram shop claims. Under Alcoholic Beverage Code Section 2.02, it must have been apparent to the provider, at the time of service, that the person was obviously intoxicated to the extent of posing a clear danger to themselves and others. That intoxication must also have proximately caused the damages.
That is why the investigation must look back to the time alcohol was served. A high test result after the wreck or a large bar tab may matter, but neither alone answers what was apparent to the server. Video, receipts, witness accounts, and the timing of service can help build the record.
A provider may raise defenses. The seller-training provisions in Section 106.14 can prevent a seller's actions from being attributed to an employer when all the required training and non-encouragement conditions are met. A training certificate is not blanket immunity.
What about alcohol served at a private party?
A social host is not liable just because an adult guest drank and later caused a crash. Section 2.02(c) has a limited rule involving a minor under 18. It applies to an adult 21 or older who is not the minor's parent, guardian, spouse, or an adult with court-ordered custody. The adult must have knowingly served or provided alcohol that contributed to the minor's intoxication, or knowingly allowed that alcohol to be served or provided on premises the adult owned or leased. The minor's intoxication must have proximately caused the damages. Do not assume every party host can be sued.
When the drunk driver was driving a commercial truck
A drunk truck driver case adds questions that a car crash may not have. Who employed the driver? Was the trip part of the job? Who held the insurance? Did the carrier follow the alcohol and drug rules that applied to that driver?
We examine the driver and the business separately. Dispatch instructions, hiring records, prior safety information, test records, and the company's response to warning signs may matter. A company is not liable merely because its name was on the truck. The legal relationship and the facts must support the claim.
Post-crash testing is not required after every truck wreck
49 CFR 382.303 sets testing rules for covered commercial drivers after qualifying crashes on public roads in commerce. A fatal crash triggers testing of covered surviving drivers without a citation. For a nonfatal crash, the injury must require immediate medical care away from the scene, or a vehicle must have disabling damage that requires a tow. The covered driver must also receive a moving-violation citation within eight hours for alcohol testing or 32 hours for drug testing.
Alcohol testing should occur as soon as practicable. If it is not done within two hours, the employer must document why. Attempts stop after eight hours. Drug-test attempts stop after 32 hours. These are testing windows, not a deadline for you to hire a lawyer, and a missing test does not prove intoxication. We check the rule's coverage and the reason testing did or did not happen.
Our commercial vehicle accident practice covers delivery and work vehicles. For tractor-trailer cases, see our 18-wheeler accident page. If the impaired driver was in an ordinary car, you can still ask us to review your injury claim.
Texas filing deadlines and shared fault
Section 16.003 generally gives two years to file a personal injury lawsuit, measured from when the claim accrues, often the crash date. A death claim generally has two years from the date of death. Exceptions and other rules can change the deadline. Claims involving minors, an estate, or a government entity need a separate check.
Do not assume a pending criminal case or an open insurance claim extends that time. Government notice rules may require action far earlier than two years. Have the exact date and defendant checked rather than relying on a general rule.
Under Texas Chapter 33, a claimant found more than 50 percent responsible cannot recover under the proportionate-responsibility rule. At 50 percent or less, recoverable damages are reduced by the claimant's share of fault. The other driver's drinking does not make your conduct irrelevant, but an insurer's accusation is not a court finding.
How we help, and what it costs
Your free review starts with the crash, your injuries, and your questions. If we take the case, we investigate fault, identify potential coverage, document the losses, and handle the claim. We discuss offers with you and prepare for litigation when the facts call for it. No lawyer can promise a result.
Texas Truck Accident Lawyer's ordinary attorney fee is 33⅓ percent of the recovery. The fee is 40 percent only at trial and never above 40 percent, including appeals. Attorney fees come out first. Case expenses and medical obligations affect the amount you keep. If there is no recovery, you owe no attorney fees, case expenses, or case-related medical bills under our firm's policy.
Read our fee guide and settlement example, and ask us to explain the written agreement before signing. Your consultation is a chance to understand who would handle the case, how communication works, and what records are needed.
Meet attorney Sgt. Andrew “Pike” Piekalkiewicz and read about the firm. We help injured Texans statewide. You do not need to travel to the crash scene or obtain a blood test record before contacting us.
Texas statutes and federal testing rules checked November 5, 2026. General information, not legal advice for a specific case. No attorney-client relationship is created by reading this page or sending an inquiry.