Hit by a Drunk Driver in McAllen, Texas — What Are Your Rights?

If a drunk driver hit you in McAllen or anywhere in the Rio Grande Valley, you are entitled to pursue both the full range of compensatory damages available in any car accident case and — in most DUI crash cases — exemplary (punitive) damages under Texas law. Drunk driving crashes are among the most serious personal injury cases because the at-fault driver’s conduct goes far beyond ordinary negligence, additional defendants may be liable through Texas dram shop law, and the presence of criminal charges creates a parallel evidentiary record that can directly support your civil recovery.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

The Scale of the Problem in Texas

Impaired driving accounts for approximately 40% of all fatal crashes in Texas — a statistic that reflects the devastating and preventable nature of these collisions. In the Rio Grande Valley, where nightlife along Business 83 and the border crossing corridors create concentrated late-night traffic, drunk driving crashes are not rare events. They happen on I-2/US-83, in parking lots near bars and restaurants, and on residential streets throughout McAllen, Edinburg, Pharr, and Mission. If you or a family member was injured by an impaired driver, you are not alone — and you have legal remedies that extend significantly beyond what a standard car accident claim would provide.

The Criminal Case vs. Your Civil Case

When a drunk driver causes a serious crash, two separate legal processes begin. The criminal case is brought by the State of Texas through the Hidalgo County District Attorney’s Office. A DWI conviction, deferred adjudication, or guilty plea in the criminal case does not automatically resolve your civil claim — but it creates a record of findings that your attorney can use in your personal injury lawsuit.

Your civil case is entirely separate. You do not need to wait for the criminal case to resolve before pursuing compensation. You also do not need a criminal conviction to win your civil case — the burden of proof in a civil case (“preponderance of the evidence”) is significantly lower than the criminal standard (“beyond a reasonable doubt”). Even if the drunk driver is acquitted or pleads to a lesser offense, you can still win your civil claim and recover full damages.

Punitive Damages in Texas Drunk Driving Cases

Under Tex. Civ. Prac. & Rem. Code § 41.003, exemplary (punitive) damages are available when the defendant’s conduct involved malice, fraud, or gross negligence. Texas courts have consistently held that choosing to drive while intoxicated constitutes gross negligence — a conscious disregard for the rights and safety of others. This means that in most Texas drunk driving injury cases, punitive damages are legally available in addition to your compensatory recovery.

Punitive damages serve two purposes: punishing the defendant for their conduct and deterring similar behavior. Under Tex. Civ. Prac. & Rem. Code § 41.008, punitive damages in Texas are generally capped at the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages. However, the cap does not apply if the defendant has been convicted of a felony for which the crime causing the claimant’s damages was an element. A felony DWI — such as intoxication assault under Tex. Penal Code § 49.07 or intoxication manslaughter under § 49.08 — can therefore remove the cap entirely, potentially making punitive damages unlimited in the most serious cases.

The availability of punitive damages is one of the reasons drunk driving cases often recover substantially more than comparable crashes caused by ordinary negligence. An experienced attorney will explicitly pursue exemplary damages in any case involving an intoxicated driver.

Dram Shop Liability: Suing the Bar or Restaurant That Overserved

Texas’s Dram Shop Act (Tex. Alco. Bev. Code § 2.02) provides a cause of action against licensed establishments — bars, restaurants, clubs, and other vendors of alcohol — that sell alcohol to a patron who was already visibly intoxicated and who later causes injury or death to a third party. This is a powerful and frequently overlooked avenue of recovery in drunk driving crash cases.

Who Can Be Sued Under the Dram Shop Act?

Any holder of a Texas Alcoholic Beverage Commission (TABC) license or permit can be held liable under the Dram Shop Act if they served alcohol to a visibly intoxicated person who then caused a crash. This includes bars on Business 83, restaurants throughout McAllen, hotel bars, convenience stores with beer and wine licenses, and event venues. The key elements are: (1) the establishment sold or served alcohol; (2) the patron was visibly intoxicated at the time of service; and (3) the patron’s intoxication proximately caused the plaintiff’s injuries.

Why Dram Shop Claims Matter

Drunk drivers who cause serious crashes often have minimum-limits auto insurance — or no insurance at all. The bar or restaurant that overserved them is likely to have commercial general liability insurance with significantly higher limits. Identifying and pursuing the dram shop defendant can dramatically increase the total recovery available to you and your family, particularly in catastrophic injury or wrongful death cases.

Evidence in Dram Shop Cases

Dram shop claims require evidence that the patron was visibly intoxicated when served — not just that their blood alcohol content was high at the time of the crash. Relevant evidence includes surveillance footage from the bar or restaurant, credit card records showing the volume and timing of alcohol purchases, bartender and waitstaff accounts, eyewitness testimony from other patrons, and TABC records concerning prior violations at the establishment. This evidence must be preserved quickly, often through emergency legal action, before it is lost or destroyed.

Steps to Take After Being Hit by a Drunk Driver in McAllen

Call 911 immediately — report that you believe the other driver may be impaired and ensure police respond
Do not approach or confront the other driver — an impaired person can be unpredictable
Stay at the scene and cooperate with law enforcement — your cooperation creates a record
Observe and report to police any evidence of intoxication you witness: slurred speech, unsteady gait, odor of alcohol, open containers in the vehicle
Seek immediate medical care — DUI crash injuries are often severe and may not be fully apparent at the scene
Request and obtain the crash report number from responding officers
Note where the drunk driver was coming from, if known — this helps identify potential dram shop defendants
Contact a McAllen personal injury attorney as soon as possible to begin evidence preservation

Compensation Available in a Texas Drunk Driving Crash Case

The full range of Texas personal injury damages is available in a drunk driving case — plus punitive damages. Your total recovery may include:

All past and future medical expenses, including emergency care, surgery, hospitalization, rehabilitation, and long-term management of permanent injuries
Lost wages during recovery and lost future earning capacity if you are permanently disabled
Vehicle repair or replacement and other property damage
Physical pain and suffering, both past and future
Mental anguish, including PTSD, anxiety, and depression caused by the crash and its aftermath
Loss of enjoyment of life and physical impairment
Disfigurement from scarring or permanent physical changes
Loss of consortium for your spouse
Exemplary (punitive) damages against the drunk driver
Dram shop recovery against the establishment that overserved them

Wrongful Death From a Drunk Driving Crash

If a family member was killed by a drunk driver in McAllen or the Rio Grande Valley, the surviving spouse, children, and parents of the deceased may bring a wrongful death claim under Tex. Civ. Prac. & Rem. Code § 71.004. Wrongful death damages include the pecuniary loss of care, maintenance, support, and services the deceased would have provided; loss of companionship and society; and mental anguish. Punitive damages are also available in wrongful death cases involving drunk driving, and the cap-removal provision for felony criminal conduct can apply when the at-fault driver is convicted of intoxication manslaughter.

The Statute of Limitations

The standard two-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 applies to personal injury claims arising from drunk driving crashes. Dram shop claims are also subject to a two-year limitations period under Tex. Alco. Bev. Code § 2.03. Do not let the existence of a parallel criminal case lull you into believing your civil deadline is suspended — it is not.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Do I need to wait for the criminal DWI case to be resolved before filing my civil lawsuit?

No. Your civil case is entirely separate from the criminal prosecution and can proceed simultaneously. In fact, waiting for the criminal case to resolve may result in missing your two-year civil statute of limitations and the loss of critical evidence. You should consult with a civil attorney as soon as possible, independent of the criminal process.

Can I get punitive damages if the drunk driver was not convicted of a crime?

Yes. Punitive damages in your civil case require proof of gross negligence by a preponderance of the evidence — a lower standard than the criminal “beyond a reasonable doubt” burden. A not-guilty verdict or plea to a lesser charge in the criminal case does not prevent you from proving gross negligence in the civil case and recovering punitive damages.

What is dram shop liability and how does it help my case?

Texas’s Dram Shop Act (Tex. Alco. Bev. Code § 2.02) allows you to sue the bar, restaurant, or other licensed establishment that served alcohol to the drunk driver if they were visibly intoxicated at the time of service. Dram shop defendants typically carry commercial liability insurance with higher coverage limits than the individual drunk driver, making this a significant additional source of compensation.

What if the drunk driver has minimum insurance or no insurance?

Your own uninsured/underinsured motorist (UM/UIM) coverage provides protection when the at-fault driver has insufficient coverage. Additionally, dram shop liability may provide access to a commercial insurance policy. A personal injury attorney can identify all available sources of recovery so you are not limited to the drunk driver’s policy alone.

How is a drunk driving case worth more than a regular car accident?

Drunk driving cases involve the same compensatory damages as any car accident plus exemplary (punitive) damages, which are specifically available because the conduct constitutes gross negligence under Texas law. Punitive damages can add substantially to the total recovery. Additionally, the potential for dram shop liability opens access to commercial insurance policies that would not exist in an ordinary negligence case.

Can I sue the drunk driver’s employer if they were driving for work?

If the drunk driver was operating a vehicle in the course and scope of their employment at the time of the crash, their employer may be vicariously liable under the doctrine of respondeat superior. Employer liability claims are valuable because businesses carry commercial insurance with far higher policy limits than individuals. An attorney should investigate the circumstances of the crash to determine whether any employer liability exists.

What if a family member was killed by a drunk driver in McAllen?

Surviving spouses, children, and parents of the deceased may bring a wrongful death action under Tex. Civ. Prac. & Rem. Code § 71.004. Damages include financial losses, loss of companionship, and mental anguish. Punitive damages are available and — if the driver is convicted of intoxication manslaughter — the statutory cap on punitive damages may not apply. Contact an attorney immediately, as evidence preservation is critical in wrongful death cases.