Hit by a Drunk Driver in Houston? Here’s What to Do

DWI accidents cause catastrophic injuries — and you deserve maximum compensation. Know your rights as a victim.

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DWI Accidents Are Among the Most Serious Personal Injury Cases

When a drunk driver injures you or kills a family member, you face physical, emotional, and financial devastation — while the criminal justice system handles the driver separately from your financial recovery.

💡 Tip A criminal DWI conviction against the at-fault driver is powerful evidence in your civil lawsuit — but you must file your own civil claim to get compensated. The prosecutor does not do this for you.

What to Do at the Scene of a DWI Accident

  1. Call 911 immediately — police documentation of the driver’s intoxication is critical
  2. Do NOT let the drunk driver leave — if safe, note the vehicle and direction
  3. Request field sobriety test results in the police report
  4. Take photos of the scene, all vehicles, and any visible signs of intoxication (open containers, beer cans)
  5. Collect witness names and contact information
  6. Seek emergency medical care immediately

You May Be Entitled to Punitive Damages

In Texas, DWI accident victims may be awarded punitive damages (also called exemplary damages) in addition to regular compensation. These are designed to punish especially reckless behavior.

Texas Civil Practice & Remedies Code §41.003 allows punitive damages when the defendant acted with fraud, malice, or gross negligence — choosing to drive drunk qualifies.

💡 Tip Punitive damages can significantly increase the total value of your case beyond standard economic and non-economic damages. An experienced DWI injury attorney will pursue every available avenue of compensation.

The Dram Shop Act: Can You Sue the Bar or Restaurant?

Texas Dram Shop Act (Alcoholic Beverage Code §2.02) allows you to sue the bar, restaurant, or liquor store that served alcohol to the drunk driver — if they served an obviously intoxicated person.

  • You can file claims against both the drunk driver AND the establishment
  • The establishment’s insurance may provide additional coverage
  • Evidence of over-service (security footage, witness statements, bar tabs) is critical
  • Act fast — bars often erase footage quickly
⚠️ Warning Dram shop claims are complex and time-sensitive. You need an attorney experienced in these cases to properly investigate and file against the right parties.

Compensation Available to DWI Accident Victims

As a victim of a drunk driving accident, you may recover:

  • All medical expenses (emergency, surgery, rehabilitation, future care)
  • Lost wages and loss of earning capacity
  • Pain and suffering / emotional distress
  • Punitive/exemplary damages
  • Property damage
  • Wrongful death damages if a family member was killed
💡 Tip Do not accept any settlement from the drunk driver’s insurer before consulting an attorney. DWI accident cases often have significantly higher value than standard accident claims.
📍 Serving Greater Houston & Surrounding Areas

  • Houston / Harris County
  • Katy / Fort Bend County
  • Pasadena
  • Sugar Land
  • Spring / The Woodlands
  • Conroe / Montgomery County
  • Pearland / Friendswood
  • Missouri City
  • Baytown
  • League City

Frequently Asked Questions

Can I sue a drunk driver who was criminally convicted?
Yes — a criminal conviction is actually helpful evidence in your civil case. However, the criminal case and civil lawsuit are completely separate. You must file your own personal injury lawsuit to receive financial compensation.
Can I sue the bar that served the drunk driver?
Potentially yes. Under the Texas Dram Shop Act, you can sue an establishment that served alcohol to someone who was obviously intoxicated. These cases require fast action to preserve evidence like surveillance footage.
What if the drunk driver has no insurance or limited coverage?
You may still have options: your own uninsured/underinsured motorist coverage, a dram shop claim against the serving establishment, and in some cases, multiple liable parties. An attorney will investigate all potential sources of recovery.
Are punitive damages available in Texas DWI injury cases?
Yes. Texas allows punitive (exemplary) damages when the defendant’s conduct was grossly negligent, which driving drunk typically qualifies as. These damages can substantially increase your total recovery.
What if a family member was killed by a drunk driver?
You may have a wrongful death claim. Texas law allows surviving spouses, children, and parents to sue for financial and emotional losses caused by the death. A separate “survival claim” can also recover damages the deceased would have been entitled to.
How long do I have to file a lawsuit against a drunk driver?
2 years from the date of the accident under the Texas statute of limitations. However, dram shop claims against establishments may have different deadlines. Act immediately — evidence disappears fast in these cases.

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