You were hit by a drunk driver in Houston, and you’re wondering what you can actually do about it. Here’s the key: your civil claim for your injuries is separate from the criminal DWI case. The criminal case punishes the driver. Your civil claim goes after money for your medical bills, lost income, and pain. This is general information, not legal advice.
Your civil claim vs. the criminal case
These run on two different tracks. The state prosecutes the drunk driver, which can bring fines, license trouble, or jail, but that process is about punishment, not paying you back. Your civil claim is its own thing, and it goes after money for your losses. You don’t need a conviction to recover, and you don’t have to wait for the criminal case to wrap up. Better still, evidence from that case, like a breath or blood test result, can help prove yours.
Damages you may recover
Texas lets you recover economic damages like medical care, future treatment, and lost wages, plus non-economic damages such as physical pain and mental anguish. And when the conduct is as reckless as drunk driving, Texas law sometimes allows exemplary (punitive) damages on top, meant to punish that kind of behavior. Whether they apply depends on the facts, and the numbers swing widely from case to case.
Dram shop claims (general overview)
Texas also has a dram shop law. In some situations it can hold a bar, restaurant, or other alcohol seller responsible for serving someone who was already obviously intoxicated and then caused harm. These claims come with specific legal requirements and turn on the facts, so whether one fits depends on the evidence about how and to whom the alcohol was served. This is a general description, not a promise that such a claim exists in your 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 on its own. You don’t have to wait for a conviction, and you don’t need one 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, like serving someone who was obviously intoxicated. These claims are fact-specific and carry 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.