Drunk Driving Accidents in Houston: Your Legal Rights When an Impaired Driver Hits You
If a drunk driver hit you in Houston, you have real legal options. Harris County recorded 4,665 DUI-related crashes in 2023. Of those, 223 people died and 345 suffered serious injuries, according to TxDOT. Texas law gives victims of drunk drivers powerful tools that do not exist in ordinary crash cases.
Key Takeaways
- Harris County had 4,665 DUI-related crashes in 2023. That includes 223 deaths and 345 serious injuries (TxDOT).
- Impaired driving causes roughly 25% of all fatal Texas crashes, according to NHTSA.
- Your civil case is separate from any criminal case. You can sue even if the driver is never charged or convicted.
- Dram shop liability may let you hold a bar accountable if they served a visibly drunk person who then caused your crash.
- Punitive damages are on the table in Texas DUI cases. That is not true in standard crash claims.
Talk to a Houston Drunk Driving Accident Attorney Today
Drunk driving crashes are preventable. When a driver chooses to get behind the wheel impaired and someone gets hurt, Texas law holds them accountable.
The Law Office of Domingo Garcia has helped Houston accident victims recover compensation for over 35 years. We know how to build DUI injury cases, preserve the evidence that proves fault, and fight insurance companies that try to minimize what you're owed.
How Bad Is Drunk Driving in Houston?
Houston has a serious drunk driving problem. Harris County ranks among the worst counties in Texas for alcohol-related crashes. Texas itself ranks near the top nationally.
TxDOT crash records show 223 deaths and 345 serious injuries from DUI crashes in Harris County in 2023. Males aged 21 to 34 make up the majority of impaired driving fatalities in the county. NHTSA data shows impaired driving as a factor in approximately 25% of all fatal Texas crashes.
Certain areas are especially dangerous. The south end of I-45 toward Galveston sees heavy impaired driving on weekend nights. Bar districts in Midtown, Montrose, and the Heights show up repeatedly in Houston DUI crash data. For a full breakdown, see our Houston car accident statistics overview.
Your Civil Case Is Separate from the Criminal Case
This is one of the most important things to know after a drunk driving crash. The criminal case and your civil case run on separate tracks. They are two different proceedings.
The Criminal Case
The state brings the criminal case. When a driver is arrested for DWI, the district attorney decides whether to pursue charges. You are not a party to that case. You have no control over what happens.
A conviction helps your civil case. But it is not required. Drunk drivers are sometimes not charged at all. Charges get reduced. Cases get plea-bargained. None of that takes away your right to sue.
Your Civil Case
Your civil claim is between you and the at-fault driver. You must show the driver was negligent. An impaired driver who caused a crash clearly meets that standard. Texas holds the at-fault driver financially responsible for your injuries. For more on how fault works in Texas, see our guide on how fault is determined after a Houston car accident.
Dram Shop Liability: When the Bar Is Also Responsible
Texas law lets victims sue the business that served the drunk driver. This is called a dram shop claim. It can increase the total compensation available to you.
Texas Alcoholic Beverage Code Section 2.02 is the governing law. It holds alcohol providers liable when they served someone who was clearly drunk and a danger to others. This covers bars, restaurants, and convenience stores.
Dram shop claims are worth pursuing. Businesses carry commercial insurance with much higher limits than individual drivers. Their records, including security footage and purchase receipts, can document exactly what was served and when. For a full explanation, see our page on dram shop liability in Texas.
Punitive Damages: What Makes DUI Cases Different
Most crash cases allow you to recover compensatory damages. That covers your actual losses: medical bills, lost wages, and pain and suffering. Drunk driving cases allow something beyond that.
Texas law allows punitive damages under Tex. Civ. Prac. and Rem. Code Section 41.003. They apply when the defendant acted with gross negligence. Choosing to drive while knowingly impaired meets that standard.
Punitive damages punish the at-fault driver and deter others. In practice, they can substantially increase your total recovery. Our attorneys can assess whether your case supports this type of claim. Call (713) 349-1500 to discuss the facts of your crash.
What Evidence Matters in a DUI Injury Case?
Strong DUI cases are built on evidence gathered fast. Here are the most important sources.
Police and Arrest Records
The officer's report, breathalyzer results, and field sobriety test records all become part of your civil file. A blood alcohol level at or above 0.08% is the legal limit under Texas Transportation Code Section 49.01. A result well above that strengthens your case significantly.
Surveillance and Dashcam Footage
Bar security cameras and TxDOT traffic cameras on I-45 and Beltway 8 may have captured the driver before the crash. Most systems overwrite within 24 to 72 hours. Your attorney needs to send preservation requests immediately after retaining you.
Bar and Restaurant Records
In a dram shop case, records of what was ordered and when are central evidence. These are obtained through legal discovery. A prompt preservation letter stops records from being deleted before that process begins.
Witness Statements
People who saw erratic driving before the crash are valuable witnesses. Their accounts are most reliable when gathered right after the event, before memories shift.
Getting Medical Care After a Drunk Driving Crash
Impaired drivers often cause high-impact crashes. Their reaction times are severely delayed, which means collisions happen at full speed with no braking. The injuries are serious. Traumatic brain injury, spinal damage, and internal trauma may not be obvious at the scene.
Go to an emergency room right away, even if you feel okay. Adrenaline masks pain. Injuries from high-energy crashes often get worse over the first 24 to 72 hours. Getting evaluated the same day creates the medical record your claim depends on.
Our team provides dedicated medical coordination support. We connect you with appropriate specialists, track your treatment timeline, and make sure your records are properly documented. That documentation is what closes the gap insurance companies use to pay you less.
What To Do After Being Hit by a Drunk Driver
- Call 911 and stay at the scene. Ask the officer to note any signs of impairment in their report.
- Document everything. Photograph vehicles, road conditions, and any open containers visible.
- Get medical evaluation the same day. Do not wait for symptoms to appear.
- Do not give a recorded statement to any insurance company before talking to an attorney. Read our tips on handling insurance calls after a crash first.
- Contact a Houston drunk driving accident lawyer as soon as possible. Evidence in DUI cases disappears fast. Read should I get a lawyer for a car accident if you are weighing that decision.
Frequently Asked Questions
Can I sue a drunk driver who was not convicted of DWI?
Yes. Civil cases use a lower standard than criminal cases. You need to show it is more likely than not that the driver was impaired and caused your injuries. A DWI conviction helps, but it is not required to win your civil claim.
What if the drunk driver had no insurance?
About 14% of Texas drivers are uninsured, according to the Insurance Information Institute. If you carry uninsured motorist coverage, your own policy may cover you. A dram shop claim against the bar that served the driver is another option. Learn what to do when the driver who hit you has no insurance.
What is the deadline to file a drunk driving injury claim in Texas?
Texas gives you two years from the date of the crash to file. For wrongful death claims, it is two years from the date of death. Waiting is a mistake. Evidence disappears, and insurers use delay against you. Contact an attorney as soon as possible.
Can the bar that served the drunk driver be sued?
Potentially yes. Texas Alcoholic Beverage Code Section 2.02 allows victims to sue alcohol providers who served a visibly drunk person who then caused harm. Bar records, security footage, and purchase receipts are all relevant evidence. See our explanation of how dram shop liability works in Texas.
Can I get punitive damages from a drunk driver?
Yes, if the facts support it. Texas allows punitive damages when the defendant acted with gross negligence. Driving while knowingly impaired meets that standard. Punitive damages are awarded on top of your other damages.
What should I do right after being hit by a drunk driver?
Call 911. Ask the officer to document signs of impairment. Photograph the scene. Get medical care the same day. Do not talk to any insurer before speaking with an attorney. Contact a Houston drunk driving accident lawyer right away. DUI evidence disappears quickly.
Free Consultation. No Fee Unless We Win.
Drunk driving crashes leave victims with serious injuries, mounting bills, and insurance companies working against them from day one. The Law Office of Domingo Garcia has fought for Houston victims in these cases for over 35 years.
We speak English and Spanish. For more on Houston road dangers, see our Houston car accident statistics article. For your full legal rights, visit our Houston car accident lawyers page.
Related Resources
- Speeding Car Accidents in Houston
- Distracted Driving Accidents in Houston
- Houston DWI Car Accident Lawyer
- Houston Wrongful Death Lawyer
- Houston Car Accident Overview
- Houston Car Accident Lawyer
The information on this page is for general educational purposes and does not constitute legal advice. Every case is different. Contact an attorney for advice about your situation.
