What to Do If You’re Hit by a Drunk Driver in Texas (Legal Guide)

If you were hit by a drunk driver in Texas, you may be entitled to more compensation than in a typical car accident case — including punitive damages. Attorney Chris Sanchez at therelentlesslawyer.com in McAllen handles drunk driving accident cases throughout Texas. This guide explains your rights under Texas law, the evidence you need to preserve, and the unique legal theories available when a DWI driver caused your injuries.

Immediate Steps After Being Hit by a Drunk Driver in Texas

• Call 911 immediately — A police report documenting the drunk driver’s intoxication is the most important piece of evidence in your case. The blood alcohol content (BAC) reading, field sobriety test results, and DWI arrest are all part of the official record.
• Do not move vehicles if it is safe to stay in place — preserve the accident scene until police arrive.
• Request that police test the driver for alcohol if officers are slow to do so. You have a right to report your reasonable belief that the driver was intoxicated.
• Photograph everything — vehicle positions, property damage, road conditions, skid marks, the driver’s behavior if visible, any open containers in the other vehicle.
• Get witness information — bystanders, other drivers, and passengers are critical witnesses who may not be available later.
• Seek emergency medical treatment — even if you feel fine, adrenaline can mask serious injuries. Traumatic brain injuries and internal injuries often present symptoms hours after a crash.
• Contact a Texas DWI accident attorney — do not speak to the drunk driver’s insurance company without legal representation.

Texas Law on Drunk Driving Accidents — Your Legal Rights

Criminal Case vs. Civil Case

When a driver is arrested for DWI under Texas Penal Code § 49.04 (driving while intoxicated — BAC of 0.08% or higher), a criminal case is filed by the State of Texas. Separately, you can file a civil personal injury claim against the drunk driver. These are two different proceedings. Your civil case can proceed even if the criminal charges are reduced or dismissed — and the criminal record can be used as evidence in your civil case.

Punitive (Exemplary) Damages for Drunk Driving

Texas Civil Practice & Remedies Code § 41.003 allows courts to award exemplary damages (also called punitive damages) when a defendant acted with malice or gross negligence. Drunk driving is one of the clearest examples of gross negligence recognized by Texas courts — knowingly operating a vehicle while impaired shows a conscious disregard for the safety of others. Exemplary damages are in addition to your compensatory damages (medical bills, lost wages, pain and suffering).

Dram Shop Liability — Suing the Bar or Restaurant

Under the Texas Dram Shop Act (Texas Alcoholic Beverage Code § 2.02 and § 2.03), you may be able to sue the bar, restaurant, or other alcohol provider that overserved the drunk driver. This is called “dram shop liability.” To succeed, you must show that the establishment provided alcohol to someone who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.” These cases require prompt investigation — surveillance footage from the bar is typically overwritten within 30 to 90 days.

Evidence to Preserve After a Texas Drunk Driving Accident

• Police report and DWI arrest record (including BAC test results)
• Dashcam or security camera footage from the crash scene and nearby businesses
• Surveillance footage from any bar, restaurant, or store where the driver purchased alcohol
• Cell phone records of the drunk driver
• Witness statements (taken as soon as possible while memories are fresh)
• Medical records documenting your injuries
• Photos of vehicle damage, road conditions, and any skid marks

An attorney should send a litigation hold letter to the drunk driver’s insurer, any bar or restaurant involved, and any relevant businesses as soon as possible to prevent destruction of evidence.

Frequently Asked Questions — Being Hit by a Drunk Driver in Texas

See also: Texas Car Accident Lawyer | Areas Served | Personal Injury FAQ