Can I recover extra damages if the wrong-way driver was drunk?

Yes. Texas allows exemplary (punitive) damages against a driver whose intoxication amounted to gross negligence, on top of standard compensatory damages for medical bills, lost wages, and pain and suffering.

What if the wrong-way driver has no insurance?

Wrong-way drivers are frequently uninsured or underinsured. Your own uninsured/underinsured motorist (UM/UIM) coverage, if you carry it, can provide compensation in these situations — this is one of the most common real-world uses of UM/UIM coverage in Texas.

Is a bar or restaurant ever liable for a drunk wrong-way driver in Texas?

Potentially, under the Texas Dram Shop Act, if the establishment served alcohol to someone who was obviously intoxicated. This is a separate claim from the one against the driver and requires its own investigation.

Hit by a Wrong-Way Driver in McAllen or the Rio Grande Valley? What You Need to Know

Wrong-way crashes on divided highways like Expressway 83/I-2 are almost always high-speed, head-on collisions because neither driver has time to react. A significant share of wrong-way drivers are impaired by alcohol or drugs, disoriented, or entered at a highway ramp or frontage-road crossover by mistake. If you were hit by a wrong-way driver, you may have both a standard negligence claim and, if the driver was impaired, grounds for exemplary (punitive) damages. Call (956) 686-4357 for a free consultation.

Divided highways like Expressway 83/I-2, which runs through McAllen, Pharr, and San Juan, are designed so opposing traffic never meets head-on — until a driver enters going the wrong direction. Because both vehicles are typically traveling at full highway speed toward each other, wrong-way crashes produce some of the most severe injuries and highest fatality rates of any type of car accident.

Why Wrong-Way Crashes Happen

Impaired driving — alcohol and drug impairment are involved in a large share of wrong-way crashes nationally, particularly late at night
Confusion at ramps and frontage roads — Texas frontage-road highway design, common throughout the RGV, can confuse an unfamiliar or disoriented driver into entering an exit ramp instead of an entrance
Elderly or medically impaired drivers — disorientation from a medical event or cognitive decline is a recognized cause

What This Means for Your Claim

Because so many wrong-way crashes involve an impaired driver, these cases frequently intersect with a criminal DUI/DWI case in addition to the civil injury claim. A criminal conviction is not required to pursue a civil claim, but the evidence from a DUI investigation — blood alcohol results, field sobriety reports, the police report — can directly support the civil case. If the driver was intoxicated, Texas law allows a claim for exemplary damages on top of standard compensatory damages, and in some cases a claim against the establishment that served the driver under Texas’s Dram Shop Act.

Because wrong-way drivers are disproportionately unlicensed, uninsured, or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage often becomes central to recovering fair compensation — even when the other driver is clearly and entirely at fault.

What to Do After a Wrong-Way Crash

Get emergency medical treatment — these crashes frequently cause catastrophic injury
Request the full police report, including any DUI/DWI investigation findings
Notify your own insurer of a potential UM/UIM claim early
Contact an attorney before accepting any settlement — these cases often involve multiple layers of potential compensation

Chris Sanchez handles catastrophic and wrongful death claims from wrong-way and head-on crashes throughout McAllen and the Rio Grande Valley. See our wrongful death practice page or our full guide to choosing a McAllen personal injury attorney. Free consultation, no fee unless we win.