Hit By A Drunk Driver? Here’s What To Do

If you’ve been hit by a drunk driver in Houston, Dallas, San Antonio, or anywhere else in Texas, you may be able to pursue compensation from the at-fault driver, their insurance company, and in some cases even the bar or restaurant that overserved them.

Drunk driving accidents often leave victims dealing with serious injuries, emotional trauma, and sudden financial stress, all because someone else made a reckless decision. But drunk driving accident victims are not powerless.

Driving while intoxicated (DWI) is treated as a serious crime and also serves as strong evidence of negligence in a civil injury claim. In this guide, we explain how Texas law treats these crashes, what actions to take immediately after, and why speaking with a qualified drunk driving accident lawyer protects your recovery and your legal case.

Understanding Texas Drunk Driving Laws

Texas takes drunk driving very seriously, both in criminal court and in civil injury cases. Under Texas Penal Code §49.04, it is a crime to operate a motor vehicle while intoxicated. Intoxication is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or not having the normal use of mental or physical faculties because of alcohol, drugs, or a combination of substances.

Proof of intoxication often becomes a central piece of evidence in a drunk driving victim’s civil claim. Police reports, breath or blood test results, and officer observations can all be used to establish fault and support a demand for compensation.

Criminal Case vs. Civil Injury Claim

If you’ve been hit by a drunk driver, there are usually two separate legal paths. The first is the criminal DWI case, brought by the State of Texas and focused on punishment, such as fines, jail time, probation, or license suspension. This case is about enforcing the law, not compensating the victim.

The second path is a civil personal injury claim, which is brought by the injured person. This claim seeks financial compensation for medical bills, lost income, pain and suffering, and other losses caused by the crash. You do not have to wait for the criminal case to finish, and you do not need a conviction to file a civil claim. Even if the drunk driver is never charged or is acquitted, you may still be able to recover damages with the help of a abogado de lesiones personales.

Civil cases operate under a lower burden of proof than criminal cases, which is why many drunk driving accident victims are still successful in recovering compensation even when criminal outcomes are uncertain.

Dram Shop Liability and Overserving Bars

Texas Alcoholic Beverage Code §2.02 recognizes that drunk drivers are not always the only ones at fault. Under the Texas Dram Shop Act, bars, restaurants, and liquor stores can sometimes be held liable if they overserve an obviously intoxicated customer who later causes a crash.

For a dram shop claim to succeed, a drunk driving accident victim must generally prove that the establishment served alcohol to someone who was clearly intoxicated and that overserving was a proximate cause of the accident.

What To Do Immediately After Being Hit By a Drunk Driver

Taking the proper steps after being hit by a drunk driver protects your health and the success of your future injury claim.

Step 1: Call 911 and Stay at the Scene

Always call 911 immediately after the crash and request both police and emergency medical assistance. Even if your injuries seem minor, having law enforcement respond creates an official record of what happened. Unless it is unsafe to remain where you are, stay at the scene until officers tell you it is okay to leave.

Tell the responding officers if you notice any signs suggesting the other driver may be intoxicated. This can include the smell of alcohol, slurred speech, stumbling, bloodshot eyes, or open containers in the vehicle. Officers can document these observations in the police report, which is often key evidence in drunk driving accidents.

Step 2: Get Medical Care Right Away

Some injuries, such as concussions, internal injuries, or soft-tissue damage, do not always cause immediate symptoms. Delaying treatment can put your health at risk and may give insurance companies an excuse to question the seriousness of your injuries.

Prompt medical evaluation also creates records that clearly link your injuries to the crash. These records are essential when pursuing compensation as a drunk driving accident victim—especially if your condition worsens over time or requires ongoing treatment.

Step 3: Gather Evidence at the Scene

Try to gather as much evidence as possible if you’re physically able to do so. Take photos or videos of vehicle damage, skid marks, debris, road conditions, traffic signs, and any visible alcohol containers inside or around the drunk driver’s vehicle.

You should also collect contact information from witnesses and make notes about anything you observed, such as the driver’s behavior, statements they made, or whether officers conducted field sobriety or breath tests. These details can fade quickly from memory, but they may later help establish fault in a drunk driving accident claim.

Your Legal Rights as a Drunk Driving Accident Victim in Texas

Texas law gives drunk driving accident victims the right to pursue compensation for the harm they suffer. In most cases, this involves filing an insurance claim or a lawsuit against the impaired driver. Depending on the circumstances, other parties may also be liable.

A knowledgeable abogado de accidente de coche can explain your options, communicate with insurance companies on your behalf, and work to recover damages that fully reflect the impact the crash has had on your life.

Can I Sue for Being Hit by a Drunk Driver?

Yes. In nearly all cases, you can bring a civil personal injury claim against a drunk driver whose intoxication caused the crash. This is true regardless of whether the driver is convicted in criminal court. Civil claims focus on compensating the victim rather than punishing the offender.

Texas law may also allow drunk driving accident victims to seek punitive, or exemplary, damages. These damages are designed to punish especially reckless behavior and deter similar conduct in the future. Driving while intoxicated is often viewed as gross negligence, which can support a claim for these additional damages.

If your injuries were the result of an accident caused by another driver, an attorney can help determine which damages may apply in your case.

Types of Compensation Available

If you’ve been hit by a drunk driver, you may be entitled to compensation for a wide range of losses, including:

• Medical bills and future medical treatment
• Lost wages and reduced earning capacity
• Property damage to your vehicle and personal belongings
• Dolor y sufrimiento
• Emotional distress and mental anguish

Surviving family members may be eligible for wrongful death damages in fatal cases. In some situations, courts may also award punitive damages to punish egregious drunk driving and discourage others from engaging in similar behavior.

Crime Victims’ Compensation and Other Resources

In addition to insurance claims and civil lawsuits, drunk driving accident victims in Texas may qualify for help through the Texas Attorney General’s Crime Victims’ Compensation Program. This program is designed to assist victims of violent crimes, including DWI crashes, with certain out-of-pocket expenses.

Eligible expenses can include medical bills, counseling costs, lost wages, and, in fatal cases, funeral and burial expenses, up to statutory limits. This program does not replace a personal injury or wrongful death claim. Instead, it is intended to provide additional financial support while a civil case or insurance claim is pending.

Special Texas Laws That Can Affect Drunk Driving Cases

In 2024, 1,053 people were killed in motor vehicle traffic crashes involving a driver under the influence of alcohol. According to the TxDOT Texas Motor Vehicle Traffic Crash Facts 2024, these deaths accounted for approximately 25.37% of all motor vehicle fatalities in Texas that year.

Below are some of the Texas laws that directly affect how drunk driving accidents are investigated and compensated:

Dram Shop Claims Against Bars and Alcohol Providers

When a licensed bar, restaurant, or alcohol provider overserves someone who is obviously intoxicated, Texas law may allow injured victims to pursue a dram shop claim. These claims are separate from the case against the drunk driver and can significantly increase the compensation available to a drunk driving accident victim.

Dram shop cases often require prompt investigation. Witness interviews, credit card receipts, surveillance video, and employee testimony can all play a role in proving that an establishment continued serving alcohol despite clear signs of intoxication.

Bentley’s Law and Child Support After Fatal Drunk Driving Crashes

Texas has adopted a version of “Bentley’s Law,” which applies in certain fatal drunk driving cases. When a drunk driver is convicted of causing a crash that kills a child’s parent or legal guardian, the court may order that driver to pay child support to the surviving child.

Families may still pursue reclamaciones por muerte por negligencia to recover damages such as lost financial support, loss of companionship, and funeral expenses. Bentley’s Law is separate and is intended to provide long-term financial assistance for children affected by these devastating crashes.

Statute of Limitations and Deadlines

Texas law places strict time limits on drunk driving accident cases. Under Texas Civil Practice and Remedies Code §16.003, victims have two years from the date of the crash to file a personal injury or wrongful death lawsuit.

Waiting too long can make it harder to obtain evidence, locate witnesses, or build a strong case. Even though two years may seem like plenty of time, it is often best to speak with a lawyer as soon as possible to avoid missing important deadlines.

How AK Law Firm Helps Drunk Driving Accident Victims

Being hit by a drunk driver can leave you with painful injuries, mounting bills, and unanswered questions about what comes next. The right legal support ensures your case is taken seriously from the start.

Building a Strong Civil Case

AK Law Firm proves fault and documents the full extent of your losses. Our experienced Abogados de accidentes de tráfico en Texas gather and analyze key evidence, including police reports, toxicology results, witness statements, medical records, and expert opinions.

Your lawyer can also investigate potential dram shop liability, coordinate with prosecutors handling the DWI case, and pursue punitive damages when the drunk driver’s conduct rises to the level of gross negligence. This thorough approach helps ensure that all responsible parties are held accountable and that no source of compensation is overlooked.

Supporting Victims in Houston, Dallas, and San Antonio

AK Law Firm represents drunk driving accident victims throughout Texas, including Houston, Dallasy San Antonio. The firm takes a client-first approach, keeping victims informed, helping connect them with medical care, and handling insurance communications while the case is pending.

We want our clients to recover without added financial pressure, so all cases are handled on a contingency-fee basis. This means there are no upfront legal fees, and payment is collected only if we successfully recover compensation.

If you were hit by a drunk driver, call AK Law Firm to schedule a free consultation. We will help you understand your options and take the next step toward accountability and recovery.

FAQ for Drunk Driving Accident Victims

Can I sue for being hit by a drunk driver?

Yes. You can sue the drunk driver in civil court for medical expenses, lost wages, pain and suffering, and other losses, even if they are also facing criminal DWI charges.

In many cases, drunk driving accident victims may also seek punitive damages because intoxicated driving is often considered grossly negligent conduct.

What if the drunk driver was uninsured or underinsured?

If the at-fault driver does not have enough insurance, you may be able to use your own uninsured or underinsured motorist (UM/UIM) coverage. In some situations, dram shop claims against bars or restaurants that overserved the driver may also be an option. Crime Victims’ Compensation can sometimes help cover certain out-of-pocket expenses related to the crash as well.

Do I need to wait for the DWI case to finish before filing a claim?

No. You can usually begin a civil claim right away and do not need to wait for the criminal case to end. Taking early action helps preserve evidence and allows your lawyer to coordinate with law enforcement as the criminal proceedings move forward.

What if I might be partially at fault for the crash?

Texas follows a modified comparative negligence rule. This means you can still recover compensation as long as you are less than 50% at fault—although your recovery will be reduced by your percentage of responsibility.

Because drunk driving is perceived as especially reckless, juries and insurance adjusters often place less blame on the victim in these cases.

How much does it cost to hire a lawyer if I was hit by a drunk driver?

AK Law Firm handles drunk driving accident cases on a contingency fee basis. There are no upfront costs, and the lawyer is paid only if the case results in a settlement or verdict. Don’t forget to ask about fee percentages, litigation costs, and how expenses are handled if the case does not succeed.