A drunk driver made a choice that changed your life. Whether you were injured in a drunk crash or lost someone you love, the aftermath can feel disorienting and unfair. You may be trying to recover from injuries, pay for unexpected medical bills, or figure out how to move forward without a family member. The law allows people hurt by drunk drivers to seek help through the civil court system.
Drunk driving accident cases often involve more than just filing a claim with an insurance company. They can involve criminal investigations, administrative license suspensions, and even lawsuits against bars or businesses that overserved the driver. You shouldn't have to go through this alone.
An experienced Texas drunk driving accident lawyer at Cowen | Rodriguez | Peacock can help protect your rights and guide you through each step. The sooner you contact us, the sooner we can begin reviewing your case. We offer free consultations and only collect fees if we recover money for you. Contact us today to get started.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
Understanding Texas Drunk Driving Laws
Texas takes drunk driving seriously, with laws that apply to both criminal charges and civil liability. These laws shape how your case is handled and may affect your legal options.
Texas DWI Legal Limits and Penalties
Texas law defines driving while intoxicated (DWI) as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. A driver may also be considered intoxicated if drugs or alcohol impair their ability to drive safely, even without a breath or blood test.
A first-time DWI offense is usually a misdemeanor, but it can still lead to jail time, fines, and license suspension. When a drunk driver causes an accident with injuries or death, the criminal penalties increase.
Enhanced Penalties for Repeat Offenders
Repeat DWI offenders face higher fines, longer jail sentences, and longer license suspensions. A third DWI offense becomes a felony in Texas. Courts may also require installation of ignition interlock devices and alcohol education programs.
Administrative License Revocation Process
Even before a criminal case begins, a drunk driver may lose their license through a separate administrative process. Texas’s Administrative License Revocation (ALR) program suspends the license of any driver who fails or refuses a breath or blood test.
This suspension can happen quickly. It doesn’t depend on whether the driver is convicted in criminal court.
Criminal vs. Civil Liability Distinctions
Criminal charges punish drunk drivers, but they don’t compensate victims. That’s where civil law comes in. A civil claim can help you pursue payment for your injuries, damaged property, and more.
Even if the driver is found guilty in criminal court, you must bring a separate civil claim to recover damages. These are two different processes with different goals.
What Are Your Rights After a Drunk Driving Accident?
If a drunk driver hurt you or a loved one, Texas law gives you the right to take legal action. These rights aim to make sure the person who caused harm is held responsible.
Your Right to Compensation
You may be able to recover money for your medical bills, lost income, pain, and other losses. The law allows victims to seek the maximum compensation available through a civil claim or lawsuit. Insurance companies often try to settle quickly, but their first offer rarely covers everything.
Your Right to Hold the Drunk Driver Accountable
The person who caused the crash through impaired driving should answer for their actions. A civil lawsuit provides a way to do that. In some cases, other parties may also share legal blame, such as a bar or restaurant that overserved the driver.
Your Right to Legal Representation
You don’t have to deal with insurance companies or court filings on your own. Hiring a lawyer gives you someone who can handle paperwork, investigate the crash, and fight for a full financial recovery.
How Is Liability Determined in Texas DUI Cases?
Liability in a drunk driving accident involves more than just showing the driver had alcohol in their system. You must also connect the driver’s impairment to the cause of the crash.
Establishing Driver Intoxication
Police reports, breathalyzer tests, and witness statements can all help show that the driver was intoxicated. Dashcam video or footage from nearby businesses may also support your case. If the driver refused testing, that refusal can sometimes be used as evidence, too.
Proving Negligence and Causation
It’s not enough to show the driver was drunk. You also have to prove that their intoxication caused the crash and your injuries. Skid marks, vehicle damage, accident reconstructions, and witness statements all play a part in painting the full picture.
Third-Party Liability (Dram Shop Laws)
Texas has a “Dram Shop Act,” which allows injured people to sue bars or restaurants that served alcohol to an obviously intoxicated person. These claims can hold businesses financially responsible if their actions contributed to the crash.
Comparative Negligence in Texas
Texas uses a modified comparative negligence rule. If you were partially at fault for the crash, your compensation may be reduced. However, if you were 50% or less at fault, you can still recover money. If you were more than 50% at fault, the law bars recovery.
What Types of Damages Can You Recover?
A drunk driving crash can leave you with more than just physical injuries. Medical costs can pile up quickly. You may be out of work. You might not be able to do the things you once enjoyed. A civil claim allows you to pursue money for the full range of losses caused by the crash. In Texas, damages fall into three main categories: economic, non-economic, and punitive.
Economic Damages
These damages cover measurable financial losses, such as:
- Medical expenses: This includes hospital bills, surgery costs, rehab, medication, and ongoing treatment.
- Lost wages and earning capacity: If you missed work because of the crash or can’t return to your job, you can seek recovery for past and future income losses.
- Property damage: This includes the cost to repair or replace your vehicle and any personal items damaged in the crash.
Non-Economic Damages
These damages compensate for the harder-to-measure effects of the crash, such as:
- Pain and suffering: This covers physical pain, discomfort, and limitations caused by your injuries.
- Emotional distress: Anxiety, depression, PTSD, and sleep problems often follow serious accidents.
- Loss of consortium: When injuries change or damage a family relationship, spouses may be able to bring this type of claim.
Punitive Damages in Drunk Driving Cases
Drunk driving cases sometimes qualify for punitive damages if the driver’s actions showed gross negligence or a reckless disregard for others. This might apply if the driver was heavily intoxicated, had prior DWI convictions, or caused a crash while fleeing police.
Punitive damages aren’t awarded in every case. But when they are, they can increase the overall value of your claim. Your lawyer can review the facts and determine whether to pursue this type of damage.
Evidence Collection in Drunk Driving Accident Cases
Strong evidence gives your claim power. The right documents, testimony, and records can shape the outcome of your case.
- Police reports and breathalyzer results: These show whether the driver was arrested, what officers observed, and whether the driver failed any sobriety tests.
- Witness statements and surveillance footage: Eyewitnesses can describe what happened before and after the crash. Nearby cameras may show erratic driving or the crash itself.
- Medical records and expert testimony: Your medical treatment helps show the impact of the crash. In some cases, doctors or accident reconstruction experts may testify about your injuries or how the crash happened.
- Preservation of crucial evidence: It’s important to gather and preserve evidence quickly. Skid marks fade. Surveillance footage may be deleted. Witnesses can forget details. A lawyer can help secure this information before it disappears.
How Long Do You Have to File a Drunk Driving Accident Claim?
Waiting too long to act can cost you the ability to file a claim.
Texas Statute of Limitations
In most drunk driving accident cases, you have two years from the date of the crash to file a lawsuit. This deadline applies whether you were injured or lost a loved one.
Exceptions to the Standard Timeline
Some cases involve minors, government entities, or delayed discovery of injury. These situations may extend or shorten the filing window. A lawyer can determine which timeline applies to your case.
Why Acting Quickly Is Critical
Fast action protects your rights. It helps preserve evidence, track down witnesses, and secure the most accurate information. Insurance companies often move fast after a crash; your lawyer should, too.
What Should You Expect from the Legal Process?
Understanding what lies ahead can reduce some of the stress of filing a claim. Here's what usually happens in a drunk driving accident case.
Initial Case Evaluation
Your lawyer will review the facts of your case, listen to your story, and explain your legal options. This is a free and confidential meeting with no obligation.
Investigation and Discovery Phase
Your legal team will gather evidence, talk to witnesses, request documents, and build your case. This may involve working with investigators or experts.
Settlement Negotiations
Your lawyer will send a demand to the drunk driver’s insurance company. Negotiations follow. If the insurer refuses to make a fair offer, your lawyer can prepare to take the case to court.
Trial Preparation and Litigation
If the case goes to trial, your lawyer will present evidence, question witnesses, and argue for the maximum compensation available under Texas law.
How Our Attorneys Can Help
Cowen | Rodriguez | Peacock has helped many clients recover damages after being hit by drunk drivers. We know the law and understand how to build strong, fact-based cases.
- We conduct thorough investigations into the cause of your accident
- We work with top-tier accident reconstruction professionals
- We handle negotiations with insurance companies so you don't have to
- We take your case to court when the other side refuses to cooperate
- We coordinate with doctors and care providers to support your claim
- We protect your rights every step of the way
- We fight for the maximum compensation available under the law
Why Choose Our Firm
Not every firm has the experience or dedication to handle drunk driving accident cases effectively. Cowen | Rodriguez | Peacock offers:
- Longstanding experience in handling Texas drunk driving claims
- Strong results from past verdicts and settlements
- No fees unless we recover compensation for you
- Individualized attention throughout your case
- Trusted relationships with judges, local counsel, and court staff
Frequently Asked Questions About Texas Drunk Driving Accidents
Can I still recover damages if I was partially at fault?
Yes. Texas uses a modified comparative fault rule. If you're no more than 50% responsible, you can still recover a reduced amount.
What if the drunk driver doesn't have insurance?
You may be able to file a claim through your own uninsured/underinsured motorist policy. Other options, such as dram shop claims, may also apply.
How much is my drunk driving accident case worth?
Each case depends on your injuries, the evidence, the insurance coverage available, and other factors. Your lawyer can give you an estimate after reviewing the details.
Do I need to go to court for my case?
Most cases settle without trial. But if the other side refuses to cooperate, going to court may be necessary.
What if the drunk driver was also charged criminally?
A criminal conviction can strengthen your civil case. However, the outcome of the criminal case doesn't decide your civil claim.
Let Our Drunk Driving Accident Lawyers in Texas Help
The days after a drunk driving crash can feel chaotic. You need someone who can step in, take control of the legal process, and work to protect your rights. Cowen | Rodriguez | Peacock is here to help.
We offer free, confidential consultations. You’ll speak directly with an attorney who listens and takes your concerns seriously. Time matters, so don’t wait to take action. Call (210) 941-1301 today to discuss your case. Let our team help you move forward with the strength of the law behind you.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.