What Are My Rights After a Drunk Driving Accident in Texas?

 Posted on July 10, 2025 in Personal Injury

A car crash with a drunk driver can leave you injured and unsure about how you will handle the financial consequences. Medical bills, car repairs, and lost work can pile up fast. You have rights under Texas law, and knowing them can help you get the compensation you need and deserve. An El Paso, TX car accident attorney will guide you through your legal options and ensure your claim matches the losses you incurred.

Criminal vs Civil Cases for a Drunk Driving Accident

When someone drives drunk and causes a crash, two legal cases often follow: criminal and civil. The state of Texas brings a criminal case against the driver because Texas Penal Code § 49.04 makes it illegal to drive while intoxicated. If the driver is found guilty, they could face jail time and fines, and might lose their driver’s license. However, having the drunk driver go to jail does not pay for your injuries or property damage.

You can file a civil lawsuit against the drunk driver. This allows you to seek the financial compensation you need to cover your medical expenses, lost wages, pain and suffering, and damage to your car. You do not have to wait for the criminal case to end before starting a civil case. Also, you do not need a criminal conviction to win in civil court. Texas Civil Practice and Remedies Code § 41.003 even allows victims to ask for extra money, known as punitive damages, when the driver’s actions are especially dangerous.

Drunk Driving Accidents and Punitive Damages in Texas

Punitive damages, known in Texas as exemplary damages, are not like compensatory damages, which are meant to make whole what you lost because of the accident. Exemplary damages are meant to punish the drunk driver and warn others not to make the same choices. The law allows you to seek exemplary damages if you can show that the driver acted with gross negligence. Driving drunk often counts because it displays a complete disregard for the safety of everyone on the road.

Texas limits how much you receive in exemplary damages. In most cases, the cap is either $200,000 or twice the amount of your economic damages plus up to $750,000 in non-economic damages. This keeps verdicts fair for both sides.

Using Dram Shop Laws in a Texas Drunk Driving Car Accident Case

Many do not know that you might also have a claim against an establishment that served the drunk driver. Texas has a law called the Dram Shop Act, found in Texas Alcoholic Beverage Code § 2.02. Under this law, a bar, restaurant, or other business can be held responsible if it sold alcohol to someone who was obviously drunk, and that person later caused a crash. These claims can be helpful, especially if the drunk driver does not have enough insurance to cover your damages.

Arrange Your Free Consultation with a Van Horn, TX Car Accident Attorney

Being injured in a drunk driving crash can leave you facing medical bills, pain, and uncertainty about the future. You deserve justice and fair compensation. The El Paso County, TX car accident lawyer at James Kennedy, P.L.L.C. is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, an honor held by fewer than three percent of attorneys practicing in the state of Texas. He will help you fight for the results you need and protect your rights. Call 915-544-5200 today to schedule your free consultation with an experienced attorney. Se habla Español.