Drunk Driving Accident FAQs

Being injured by a drunk driver — or losing a family member to one — raises legal questions that most people have never had to consider before. Texas law treats drunk driving accidents differently from ordinary car accident claims in several important ways, and understanding those differences can significantly affect the compensation available to injured victims and their families. The questions below address what our Car Accident Attorneys Austin hear most often from clients dealing with the aftermath of a drunk driving crash.

Common Questions About Drunk Driving Accident Claims in Texas

If my loved one was killed by a drunk driver, can the driver go to jail and can I also sue for damages?

Yes to both. Under Texas law, a drunk driver who kills someone can face criminal prosecution and potential imprisonment through the criminal court system — and a separate civil lawsuit can be filed simultaneously to recover damages for the family’s losses. The two proceedings are independent of each other. A criminal conviction strengthens the civil case significantly, but a civil lawsuit can succeed even if the criminal case is plea-bargained or results in a lesser charge. The family of a person killed by a drunk driver can pursue wrongful death damages for financial support, loss of companionship, funeral expenses, and emotional trauma — all independently of whatever criminal sentence the driver receives.

What kinds of damages can I recover if I am injured by a drunk driver?

Texas law allows injured victims of drunk driving accidents to pursue a full range of economic and non-economic damages. Economic damages cover all measurable financial losses — past and future medical expenses, lost wages during recovery, reduced earning capacity if the injuries affect your ability to work long-term, vehicle repair or replacement costs, rental car expenses, and related out-of-pocket losses including tax, title, and licensing fees associated with a vehicle replacement. Non-economic damages compensate for pain and suffering, emotional distress, and the loss of enjoyment of life caused by the injuries.

Drunk driving cases also frequently support claims for punitive damages. Because drunk driving represents a conscious disregard for the safety of other people on the road, Texas courts can award punitive damages specifically to punish the driver and deter similar conduct. These damages can substantially increase the total recovery beyond what would be available in an ordinary car accident case.

How do I know if I have a viable case against the drunk driver who injured me?

In most cases involving serious injuries caused by a drunk driver, the prospects for a successful claim are favorable. The driver’s intoxication establishes negligence clearly, evidence is often preserved in the police report and chemical test results, and the circumstances of the crash are typically well-documented by law enforcement. However, each case has its own specific facts and challenges — insurance coverage limits, the involvement of additional defendants, questions of comparative fault, and the nature and extent of the injuries all affect the value and strategy of the claim. An experienced drunk driving accident attorney can evaluate your specific circumstances, identify all available defendants, and advise you on the most effective approach to recovering the compensation you deserve.

Since Texas law is clear on drunk driving, can’t any attorney handle my case adequately?

The clarity of Texas law on drunk driving does not mean these cases are simple to litigate successfully. Experience with drunk driving accident cases makes a real and measurable difference in outcomes. An attorney familiar with these claims knows how to investigate and pursue dram shop liability — the legal framework that allows alcohol-serving establishments to be held accountable when they over-served the driver before the crash — which can open additional sources of compensation beyond the driver’s own insurance. Building that dram shop case requires specific investigative steps that must be taken quickly: identifying the establishment, obtaining surveillance footage, interviewing witnesses, and documenting the driver’s consumption timeline. These are not steps that a generalist attorney will instinctively pursue, and missing them can mean leaving significant compensation unclaimed.

Will I have to go to court to resolve my drunk driving accident case?

Many drunk driving accident cases are resolved through settlement negotiations rather than trial. However, whether yours goes to court depends on the specific facts, the positions taken by the insurance company, and the strength of the evidence. Our attorneys first pursue fair compensation through negotiation — but we are fully prepared to take a case to trial when the insurer refuses to offer compensation that reflects the true value of the claim. Our courtroom experience and reputation for taking these cases to verdict consistently produces more serious settlement offers than injured victims receive when they are unrepresented or represented by attorneys who rarely try cases.

What if the driver had been drinking but tested just under the 0.08 BAC legal limit?

The 0.08 percent blood alcohol concentration threshold matters in the criminal DWI prosecution, but it is not the controlling standard in a civil car accident negligence case. Texas civil law does not require proof of legal intoxication to establish that a driver was negligent. If a driver consumed alcohol before getting behind the wheel and that impairment contributed to an accident that caused injuries, the driver can be held liable for those injuries regardless of whether their BAC was above or below 0.08. Any level of alcohol consumption that affects driving ability is relevant to the negligence analysis. When a BAC significantly exceeds the legal limit, it strengthens the case for punitive damages and may affect the severity of criminal penalties, but a sub-limit reading does not defeat a civil claim.

I was a passenger in the drunk driver’s car when the crash happened. Can I still sue the driver?

Yes. A driver owes a legal duty of reasonable care to every person on the road — not just other drivers, but pedestrians and passengers in their own vehicle as well. If you were injured as a passenger in a car driven by a drunk driver, you have the same right to pursue a personal injury claim against that driver as any other accident victim would. The fact that you were in the car voluntarily does not constitute an assumption of the risk of the driver’s negligence. Our attorneys handle these cases regularly and can advise you on how to proceed when your claim involves the driver of the vehicle you were riding in.

The driver who hit me was under the influence of drugs, not alcohol. Do I still have a claim?

Yes. Texas’s DWI statute applies to impairment from any substance — alcohol, illegal drugs, prescription medications, or any combination of these. A driver operating a vehicle while impaired by drugs is subject to the same criminal and civil consequences as a drunk driver. If someone’s drug impairment caused the accident that injured you, you are entitled to seek the same compensation — economic damages, non-economic damages, and in appropriate cases punitive damages — that would be available in an alcohol-related crash. For more information from our San Antonio Car Accident Lawyer, call us today.