Drunk Driving Accident Claims in Texas

Drunk driving crashes are among the most serious on Texas roads. According to TxDOT, 906 people were killed in 2025 in crashes where a driver was under the influence of alcohol, about 24 percent of all traffic deaths in Texas (TxDOT 2025 crash statistics). If a drunk driver injured you or killed a loved one, you may have claims beyond the driver’s own insurance.

Your Civil Claim Is Separate From the Criminal Case

The State prosecutes the drunk driver for DWI, intoxication assault or intoxication manslaughter. That criminal case does not pay your medical bills or lost wages. You can bring your own civil claim for damages, and evidence from the criminal case, such as blood alcohol results and police reports, can help prove it.

Who May Be Responsible

• The drunk driver and their insurance company
• A bar, restaurant or other business that served the driver under the Texas Dram Shop Act, if it was apparent the person was obviously intoxicated to the point of being a clear danger, and the intoxication caused the crash (Texas Alcoholic Beverage Code §2.02)
• An adult who provided alcohol to a minor under 18 in certain situations (§2.02(c))
• The driver’s employer, if the driver was working at the time
• Your own UM/UIM coverage, if the drunk driver had little or no insurance (see uninsured motorist claims)

Exemplary (Punitive) Damages

Texas allows exemplary damages for gross negligence. Exemplary damages are usually capped (Civil Practice and Remedies Code §41.008), but the cap does not apply when the conduct is felony intoxication assault or intoxication manslaughter (§41.008(c)).

What to Do After a Crash With a Drunk Driver

1. Call 911 and tell the dispatcher you suspect the driver is impaired.
2. Get medical care right away.
3. Note what you saw: smell of alcohol, slurred speech, open containers, where the driver said they had been.
4. Get names and contact information of witnesses.
5. Save receipts or social media posts that show where the driver was drinking, if available.
6. Call an attorney early. Bar receipts and video can disappear quickly.

Drunk Driving Accident FAQ

Do I have to wait for the criminal case to finish?

No. Your civil claim can move forward separately, although the criminal case can affect timing and evidence.

How long do I have to file?

Usually two years from the crash for injury claims (Civil Practice and Remedies Code §16.003). Wrongful death claims also generally have a two-year deadline.

Can I sue the bar that served the driver?

Possibly, if the evidence shows the bar served the driver when it was apparent they were obviously intoxicated to the point of being a clear danger, and that intoxication caused the crash.

Related Pages

• Texas personal injury overview
• Car accidents
• Truck accidents
• Uninsured motorist claims
• Drunk driver accidents
• What to do after a car accident

General information, not legal advice. Every case is different, and past results do not guarantee a similar outcome. Last updated: November 2026.