If you were hit by a drunk driver in Houston, you can pursue a civil claim for your injuries that is separate from the criminal DWI case. The criminal case punishes the driver; your civil claim seeks compensation for your medical bills, lost income, and pain. This is general information, not legal advice.
Your civil claim vs. the criminal case
These are two different tracks. The state prosecutes the drunk driver criminally, which can lead to fines, license consequences, or jail, but that process is about punishment, not paying you back. Your civil claim runs on its own and seeks money for your losses. A criminal conviction is not required for you to recover, and you can pursue your claim even while the criminal case is ongoing. Evidence from the criminal case, such as a breath or blood test result, can sometimes support your civil claim.
Damages you may recover
Texas allows recovery of economic damages like medical care, future treatment, and lost wages, plus non-economic damages such as physical pain and mental anguish. In cases involving conduct like drunk driving, Texas law also allows for the possibility of exemplary (punitive) damages in some circumstances, which are meant to punish especially reckless behavior. Whether they apply depends on the facts, and values vary widely from case to case.
Dram shop claims (general overview)
Texas has a dram shop law that can, in some situations, hold a bar, restaurant, or other alcohol seller responsible if it served alcohol to an obviously intoxicated person who then caused harm. These claims have specific legal requirements and are fact-dependent, so whether one applies depends on the evidence about how and to whom alcohol was served. This is a general description, not a promise that such a claim exists in any given case.
What helps a drunk driving injury claim
- The crash report and any notes about the driver’s condition
- Results of field sobriety, breath, or blood testing
- Witness accounts of the driver’s behavior before the crash
- Prompt, consistent medical treatment for your injuries
- Records of where the driver may have been drinking
Texas is an at-fault state and uses modified comparative negligence with a 51% bar (Chapter 33). The two-year statute of limitations generally applies (Tex. Civ. Prac. & Rem. Code §16.003).
Frequently asked questions
Can I sue a drunk driver even if the criminal case is still going?
Yes. Your civil claim is separate from the criminal prosecution and can move forward independently. You do not need to wait for a conviction, and you do not need a conviction to recover compensation for your injuries.
Can a bar be held responsible for over-serving?
Possibly. Texas dram shop law can hold an alcohol seller responsible in certain situations, such as serving someone who was obviously intoxicated. These claims are fact-specific and have particular legal requirements, so whether one applies depends on the evidence.
Related reading: the types of damages you can recover, wrongful death claims, hit-and-run accident claims, and how fault is determined.