Drunk Driving Accident FAQs — Texas Injury Lawyers Answer Your Questions
A drunk driving accident can change a family’s life in an instant. If you or someone you love was hurt — or killed — by a drunk driver in Texas, you likely have questions about your legal rights and what happens next. Our drunk driving accident lawyers have put together answers to the questions we hear most often from injured victims and grieving families. Find our office location here.
Texas law gives drunk driving accident victims strong legal tools to pursue compensation. Criminal charges against the driver and a civil lawsuit filed by the victim are two entirely separate proceedings — one does not cancel out the other. Our drunk driving accident attorneys handle the civil side, fighting to recover every dollar our clients are owed while the criminal system handles prosecution.
Every drunk driving accident case is different, but one thing holds true across all of them: having experienced legal representation makes a real difference in the outcome. These cases involve insurance companies with deep pockets and lawyers whose job is to pay you as little as possible. Our attorneys know how to counter those tactics and build the strongest possible claim on your behalf.
Common Questions About Drunk Driving Accident Claims in Texas
Can the drunk driver go to jail and can I still sue for damages?
Yes to both. Under Texas law, drunk drivers face prosecution in the criminal court system and can face jail time if convicted. Separately, you have the right to file a civil lawsuit to recover compensation for your injuries, medical expenses, lost wages, and other losses. The two cases proceed independently — a criminal acquittal does not prevent you from winning your civil case, and a conviction does not automatically guarantee a civil recovery either.
What types of damages can I recover after a drunk driving accident?
Texas law allows injured victims to pursue a range of damages after a drunk driving accident. These typically include past and future medical expenses, lost wages and loss of earning capacity, pain and suffering, property damage including tax, title, and licensing fees, rental car expenses, and in cases involving egregious conduct, punitive damages. Punitive damages are particularly common in drunk driving cases because driving while impaired is considered reckless disregard for the safety of others.
How do I know if I have a viable case?
In most drunk driving injury cases, your chances of a successful claim are favorable — but every case presents its own set of facts and challenges. The best way to evaluate your situation is to speak directly with a drunk driving accident attorney who can review the details and advise you on the most effective path forward. Contact our car accident lawyers for a free case evaluation.
Can’t any attorney handle a drunk driving accident case in Texas?
Technically yes, but experience matters. Drunk driving cases often require a deeper investigation than standard car accident claims. Evidence must be gathered and preserved quickly. Dram shop laws may apply — meaning an alcohol-serving establishment that overserved the driver could also be held liable for your injuries. Knowing when and how to pursue a dram shop claim requires specific knowledge of Texas law and experience handling these cases. Our drunk driving accident lawyers have the resources and the track record to build the strongest possible case for our clients.
Will my case have to go to court?
Not necessarily. Many drunk driving accident cases settle before trial. Our attorneys will first work to secure fair compensation through negotiation with the insurance carrier. If the insurer refuses to offer what your case is worth, we are fully prepared to take the case to court and present it to a jury. We have the courtroom experience to do that effectively, and insurance companies know it.
What if the driver’s BAC was under the legal limit of .08?
The legal limit of .08 matters primarily in criminal DWI proceedings. In a civil case, you do not need to prove the driver was legally drunk — only that they were impaired and that their impairment caused the accident. Texas courts have consistently held that driving after consuming any amount of alcohol or drugs, and then causing an accident, can establish negligence. A driver whose BAC came in just under .08 can still be held liable for your injuries in civil court.
I was a passenger in the drunk driver’s car — can I still sue?
Yes. Being a passenger in the vehicle does not prevent you from filing a claim against the driver. Every driver owes a duty of reasonable care to all people on or near the road — other drivers, pedestrians, and passengers alike. If the drunk driver’s actions caused your injuries, you have the same right to seek compensation as any other victim, regardless of your relationship to the driver or the fact that you were riding with them.
What if the driver was impaired by drugs rather than alcohol?
Texas DWI law covers impairment by illegal drugs, prescription medications, and alcohol equally. If a driver’s ability to operate a vehicle was impaired by any substance and that impairment caused an accident, you have grounds for a civil claim. The legal analysis is essentially the same whether the substance was alcohol, marijuana, opioids, or anything else. If someone’s impairment put you in the hospital, you are entitled to pursue compensation. More from our car accident lawyers — and visit for additional resources.