Houston Drunk Driving Accident Lawyer | DWI Victim Claims | Texas Legal Giants
Being hit by a drunk driver is one of the most preventable forms of serious injury in Texas — and victims have access to punitive damages and Dram Shop liability claims that are not available in standard car accident cases. Being hit by a drunk driver is one of the most devastating and preventable forms of personal injury in Texas. If you or a family member was injured — or killed — by a driver who was intoxicated, you have a right to pursue full compensation through a civil lawsuit entirely separate from the criminal DWI case.
Texas law gives drunk driving victims access to punitive damages — financial penalties above and beyond actual damages — when the driver’s conduct is found to be grossly negligent. In some cases, the bar, restaurant, or social host that served the driver can also be held liable under the Texas Dram Shop Act. Attorney BJ Kemp pursues every available source of recovery. Free consultation — no fee unless we win.
- Civil vs. criminal: Your civil lawsuit is entirely separate from any DWI criminal prosecution. You do not have to wait for the criminal case to resolve — and a civil case can succeed even if the DWI charge is reduced or dismissed.
- Punitive damages available: Texas courts may award punitive damages against drunk drivers under CPRC Ch. 41 when the conduct constitutes gross negligence — which DWI often does.
- Dram Shop liability: Under Texas Alcoholic Beverage Code §2.02, bars, restaurants, and social hosts who overserve an obviously intoxicated person who then causes an accident can be held civilly liable for your damages.
What Makes Drunk Driving Cases Different from Standard Car Accident Claims
DWI injury cases open additional avenues of recovery not available in standard negligence claims.
Driving drunk is not merely negligent — Texas courts regularly find it constitutes gross negligence, defined under CPRC Ch. 41 as acting with conscious indifference to the rights and safety of others. Gross negligence allows a jury to award punitive damages on top of all compensatory damages — significantly increasing total recovery.
Texas Alcoholic Beverage Code §2.02 allows victims to sue the establishment that served the drunk driver if the server provided alcohol to a person who was ‘obviously intoxicated to the extent that he presented a clear danger to himself and others.’ This extends liability from the driver to the business — and its commercial liability insurance.
Your civil lawsuit proceeds on your timeline — not the criminal court’s. A DWI conviction strengthens your civil case but is not required. We move aggressively to preserve blood alcohol records, police reports, breathalyzer results, bar receipts, and witness statements before they become unavailable.
Damages Available to Drunk Driving Victims in Texas
Economic Damages — Full Medical and Lost Wages
All past and future medical expenses, lost wages during recovery, and projected loss of future earning capacity for serious injuries. Economic damages are uncapped in Texas drunk driving civil cases.
Non-Economic Damages — Pain, Suffering, Anguish
Physical pain and suffering, mental anguish, physical impairment, and disfigurement. These are recoverable in full for drunk driving victims — no cap applies outside of medical malpractice cases.
Punitive Damages — Gross Negligence
Texas CPRC Ch. 41 allows juries to award punitive damages when conduct is grossly negligent. DWI — particularly repeat offenders or extremely high BAC levels — frequently meets this standard. Punitive damages are capped under Ch. 41 at the greater of $200,000 or twice economic damages plus up to $750,000 in non-economic damages.
Wrongful Death Damages
If a family member was killed by a drunk driver, Texas Wrongful Death Act claims (CPRC Ch. 71) allow surviving spouses, children, and parents to recover for loss of companionship, loss of financial support, and mental anguish — in addition to survival action damages for the decedent’s own pain and suffering.
Can I Sue the Bar That Served the Drunk Driver?
Yes — in many cases. Under Texas Alcoholic Beverage Code §2.02, a bar, restaurant, or other alcohol-serving establishment can be held civilly liable to a drunk driving victim if the establishment provided alcohol to an individual who was ‘obviously intoxicated to the extent that he presented a clear danger to himself and others’ and that intoxication was the proximate cause of the accident.
Dram Shop cases require evidence that the establishment continued serving a visibly intoxicated patron — through surveillance footage, bar receipts showing the volume of drinks served, witness accounts of the driver’s condition at the bar, and BAC evidence at the time of the accident. We investigate these facts at intake. Dram Shop liability brings the establishment’s commercial general liability insurance into the case — often providing significantly higher available coverage than the drunk driver’s individual auto policy.
Steps to Take After Being Hit by a Drunk Driver
Seek Medical Care Immediately
Even if you feel relatively uninjured, get evaluated at an emergency room or urgent care. Many serious injuries — including internal bleeding, traumatic brain injuries, and spinal injuries — do not produce obvious symptoms immediately. Your medical records from the day of the accident are critical evidence.
Preserve the Police Report and Breathalyzer Results
Request a copy of the police crash report as soon as it is available. The BAC test results from the scene — breathalyzer or blood test — are key evidence in both the criminal case and your civil lawsuit. We can obtain this through discovery if needed.
Do Not Speak to the Drunk Driver’s Insurance Company
The at-fault driver’s insurer will contact you quickly. Do not give a recorded statement, accept a settlement offer, or sign any documents before consulting with an attorney. Initial offers from insurers in drunk driving cases are almost always far below the available recovery.
Identify the Bar or Restaurant if Applicable
If the driver was drinking at a bar, restaurant, or private event before the crash, identify the establishment. Bar receipts, surveillance footage, and witness accounts from the venue are critical Dram Shop evidence — and they disappear quickly.
Contact Texas Legal Giants
We begin preserving evidence, identifying all liable parties, and building your case immediately. The sooner you call, the more we can do to protect your right to full recovery.
Mistakes That Reduce Drunk Driving Victim Recoveries
Accepting the First Settlement Offer
Insurance companies for drunk drivers often make quick, low settlement offers before the victim’s injuries are fully understood and before punitive damages are calculated into the demand. Early acceptance eliminates your right to full recovery.
Not Pursuing the Dram Shop Claim
Many victims and even some attorneys fail to investigate whether the establishment that served the drunk driver bears liability. Missing this claim means leaving significant additional insurance coverage — and a significant additional defendant — out of your case.
Waiting to Seek Medical Treatment
Gaps between the accident and your first doctor visit are used to argue that your injuries are less serious or were caused by something other than the crash. See a doctor the same day or within 24 hours, and follow your treatment plan consistently.
Giving a Recorded Statement Without Counsel
Even in clear-cut drunk driving cases, recorded statements to insurance adjusters can be used to argue that your injuries were pre-existing, that your own driving contributed to the crash, or that your initial description of the accident differs from your later account.
Hit by a Drunk Driver in Houston or Texas? Call Now.
Drunk driving cases involve multiple sources of liability, punitive damages, and Dram Shop claims that require immediate investigation. Texas Legal Giants pursues every available avenue of recovery for DWI victims throughout Houston and Texas. Free consultation — no fee unless we win.
Frequently Asked Questions
Common questions from drunk driving accident victims in Texas.
No. Your civil lawsuit proceeds independently of the criminal DWI case. A criminal conviction is strong evidence in your civil case — but not a prerequisite. We can file your civil lawsuit and proceed through discovery while the criminal case is pending. In some situations, moving quickly in the civil case actually benefits your position by locking in witness testimony and evidence before the criminal proceedings create complications.
Many drunk drivers carry only Texas minimum liability coverage ($30,000 per person) or are uninsured. In these situations, your own uninsured/underinsured motorist (UM/UIM) coverage becomes critical. We also investigate Dram Shop liability against the establishment that served the driver — which typically carries far higher commercial liability limits than the driver’s individual policy. We identify every available insurance source at intake.
Yes. Texas civil courts operate under a different standard of proof than criminal courts. Punitive damages in civil cases require clear and convincing evidence of gross negligence — not proof beyond a reasonable doubt. A DWI arrest report, blood alcohol test results, and the circumstances of the crash can establish gross negligence in a civil case even if the criminal charges were reduced or dismissed.
Texas CPRC §16.003 gives you 2 years from the date of the accident to file a personal injury civil lawsuit. For wrongful death, 2 years from the date of death. Do not wait for the criminal case to conclude — blood alcohol evidence, bar receipts, and surveillance footage are most available immediately after the accident and can be lost or destroyed with time.
The Dram Shop standard requires that the driver was ‘obviously intoxicated to the extent that he presented a clear danger.’ This is determined at the time of service, not necessarily at the time the driver left the establishment. BAC at the time of the crash, volume of drinks served based on receipts, surveillance footage showing the driver’s condition, and witness testimony from bar staff and other patrons all bear on this question.
Texas Dram Shop liability extends to social hosts in limited circumstances — specifically when the host provides alcohol to a minor. Adult social host liability for adult guests is more limited in Texas but may exist in certain situations. We evaluate the full facts of each case at intake.
Related Practice Areas
BJ Kemp — Texas Personal Injury Attorney
Texas State Bar #24116608 · Texas Legal Giants · 4151 Southwest Freeway, Suite 501, Houston, TX 77027
BJ Kemp represents drunk driving victims throughout Houston and Texas — pursuing every source of recovery, from the drunk driver’s policy to Dram Shop claims against the bar that served them. Call Texas Legal Giants for a free, confidential consultation. Call (346) 971-7333 for a free, confidential consultation. No fee unless we win.