Suing a Drunk Driver in Texas: Your Legal Rights and Next Steps

Can You Sue a Drunk Driver in Texas? From its thriving cattle and oil industries to its large cities with diverse landscapes, not to mention its legendary rodeos and cowboy culture, Texas is known for many things. Unfortunately, being home to one of the highest DUI rates in the nation is also one of them.

According to a study published by Forbes, Texas is the third-worst state for drunk driving. This less-than-flattering ranking stems from law enforcement making nearly 340 driving under the influence (DUI) arrests per 100,000 licensed drivers in the state in 2023 and the fact that around five people lost their lives in traffic collisions involving a drunk driver for every 100,000 state residents in the same year.

Underage drinking and driving also played a part in the Lone Star State being named the third-worst state for drunk driving. The same study data published by Forbes revealed that Texas ranks third nationwide for fatal collisions involving underage drunk drivers, with a rate of approximately 0.94 per 100,000 licensed drivers.

What Constitutes Drunk Driving in Texas?

In Texas, as in most states, operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater constitutes drunk driving or driving under the influence (DUI), according to the Texas Department of Transportation. The Texas Penal Code 49.04 states that a DUI is a Class B misdemeanor for first-time offenders. However, a DUI can quickly rise to the level of a felony for multiple DUIs, a single or multiple DUI with a child passenger, or DUIs that result in serious injuries or death.

DUI Conviction Consequences

According to accident lawyers in Texas, a DUI conviction in the Lone Star State carries many consequences. And they are not too dissimilar from the consequences resulting from DUI convictions in other states. A first-time DUI offense, which is considered a Class B misdemeanor, can result in up to 180 days in jail, a fine of up to $2,000, and a 2-year license suspension.

A second DUI constitutes a Class A misdemeanor, and a third or subsequent DUI constitutes a third-degree felony. Class A misdemeanors and third-degree DUI offenses can result in much harsher penalties, including higher fines, longer jail sentences, extended license suspensions, and even a mandatory installation of an ignition interlock device (IID) on one’s vehicle. These harsher penalties also apply in DUI cases that result in severe injury or death.

Car Accident Attorneys Discuss How Blood Alcohol Concentration Is Measured

When law enforcement responds to a traffic accident and suspects a driver is under the influence, they will have them blow into a breathalyzer. For reference, a breathalyzer is a diagnostic device that contains a semiconductor oxide sensor, a fuel cell sensor, or an infrared spectrometer.

Each can detect the concentration of alcohol in an individual’s blood, according to law enforcement and most car accident attorneys in Texas.

Blood and urine tests are also sometimes used to identify someone’s BAC. Conducted by licensed medical professionals, licensed clinical laboratory personnel, or certified paramedics, blood or urine tests may be ordered when drunk driving accidents involve any of the following:

• If a breath test is impractical or impossible
• If a driver suspected of DUI is unconscious or otherwise unable to provide a breath sample
• Incapacitation or unconsciousness
• Probable cause of alcohol impairment
• Serious injury or fatality

How to Sue a Drunk Driver in Texas

Texas Law allows individuals two years from the date of an accident to file a personal injury claim if they were involved in a traffic accident with a drunk driver. That means they can sue for damages or compensation to help cover medical expenses, lost wages, property damage, pain and suffering, and even punitive damages associated with the accident as long as the 2-year statute of limitations has not expired.

But the process involved in suing and ultimately being awarded economic and non-economic damages is not easy. For that reason, most people involved in an accident with a drunk driver will hire an auto accident lawyer.

The following are some of the things auto accident lawyers do to help clients receive the compensation they deserve after being involved in an accident with a drunk driver:

• Attempt to negotiate a settlement agreement and file a personal injury lawsuit if settlement negotiations fail
• Establish liability
• File a compensation claim
• Gather evidence
• Investigate the accident

The extent to which an attorney will be involved in a personal injury drunk driving case hinges on several factors. Some of the more notable of these include the extent of injuries and damages, case complexity, and whether litigation is required, such as when liability or damages are in dispute.

Whether or not there is a pursuit of punitive damages following an accident also dictates the extent to which an attorney will be involved in a personal injury drunk driving case.

Punitive damages are damages awarded to a plaintiff in cases where a defendant’s actions demonstrate a degree of culpability that goes beyond just mere negligence.

In Texas, the cap on punitive damages is $200,000 if economic damages are not awarded or double the amount of non-economic damages, up to a maximum of $750,000, whichever is greater. Factors that dictate how much an injured party will receive in punitive damages include the following:

• If the drunk driver attempted to flee the accident scene
• If the drunk driver was driving on a suspended license
• If the drunk driver was speeding, running red lights, or engaging in other reckless driving behaviors leading up to the accident
• The drunk driver’s blood alcohol concentration
• Whether or not the drunk driver has prior DUI convictions

Modified Comparative Fault

Along with a statute of limitations and a cap on punitive damages, modified comparative fault is also something to consider when deciding to sue a drunk driver following a traffic accident in Texas. In the Lone Star State, a 51% modified comparative negligence rule applies.

That rule means individuals can only recover damages if they are less than 51% at fault for the accident. Modified comparative fault also reduces your compensation by your percentage of fault in causing the accident with a drunk driver.

Texas Dram Shop Act

In addition to suing the drunk driver and their insurance provider following a traffic accident, individuals can also sue establishments that supplied the drunk driver with alcohol, according to Texas law.

In 1987, the Texas Legislature passed the Texas Dram Shop Act, a law aimed at holding establishments legally accountable when they serve or sell alcohol to someone who is already intoxicated and, after consuming that alcohol, causes an accident. Under the Texas Dram Shop Act, individuals can sue liquor stores, restaurants, and any other business where a drunk driver purchased alcohol from before getting behind the wheel and eventually causing an accident.

Economic and Non-Economic Damages: Auto Accident Attorneys Explain the Difference

While punitive damages aim to punish drunk drivers who cause accidents, economic and non-economic damages aim to make victims of those accidents whole. Compensation for current and future medical expenses, rehabilitation, property damage, and lost income generally falls under the umbrella of economic damages. Meanwhile, compensation for physical pain and suffering, permanent disfigurement or scarring, loss of enjoyment of life, and emotional distress or mental anguish fall under non-economic damages.

Car Accident Lawyers Detail What You Should Do if You Are Involved in an Accident With a Drunk Driver?

Being involved in an accident, especially with a drunk driver, can be physically and even psychologically jarring. There are several things you should do to ensure you get the care you need and position yourself to get the compensation you deserve if you decide to sue after the proverbial and literal dust settles. The first is to seek medical attention even if you don’t believe you are hurt.

Sometimes, people involved in traffic accidents sustain minor injuries that they overlook, and those minor injuries can quickly escalate without prompt medical care.

Seeking immediate medical attention also establishes a medical record that can benefit your case if you decide to file a compensation claim or pursue a personal injury lawsuit. And it does not end there, say most car wreck attorneys.

Prompt medical attention after an accident with a drunk driver allows for accurate documentation of your injuries and the severity of those injuries. That documentation helps calculate compensatory damages, like medical expenses, rehabilitation expenses, lost wages, property damage, pain and suffering, and even emotional distress.

A written record of your injuries also establishes a timeline that connects your injuries directly to the accident, which leaves little room for a legal dispute.

Most drunk driver accident attorneys also recommend gathering evidence from the accident scene, and while recovering from the accident, especially if they intend to sue. The type of evidence most drunk driver accident lawyers advise individuals to gather includes the following:

• Witness statements
• Documentation related to medical treatments, property damage repair or replacement costs, lost income, and out-of-pocket expenses
• Detailed records showing the financial impact of your injuries
• Official accident or police reports
• Photographs and videos

Steps Involved in Formally Filing a Personal Injury Lawsuit Following an Accident With a Drunk Driver

After gathering evidence related to a drunk driving accident, the next step toward getting the compensation you deserve involves formally filing your lawsuit. To do this, you will want to work with an auto accident attorney to submit legal documents to a court outlining your negligence claim and request for damages. This multi-step process includes the following:

• Drafting and filing a complaint – Also known as filing a petition, a complaint notifies a court of your intent to file a personal injury lawsuit following an accident. The complaint must include a summary of the accident, what you believe caused it, and a comprehensive list of damages.
• Serving the complaint – After filing a complaint with a court, the next step in the compensation claim process involves furnishing the defendant with an official copy of the original complaint along with a court summons. The named defendant will have 21 days to file an official response to the complaint.
• Wait for the defendant’s response – Essentially, this part of the claim process is a waiting game. It involves waiting for the defendant’s attorney to officially deny or affirm the allegations outlined in the original complaint.
• Filing discovery documents – This aspect of suing or filing a compensation claim involves the plaintiff and defendant exchanging official documents and evidence that they believe support their case. Pictures, police reports, sworn statements, and medical records are examples of discovery.
• Settlement negotiations – Most compensation claims are settled out of court, with only a small percentage ever going to trial. Settlement amounts are usually determined and agreed upon based on medical expenses, property damage, pain and suffering, and other factors. Accidents that result in minor to moderate injuries typically settle for between $10,000 and $200,000. Meanwhile, accidents that result in severe injuries often settle for between $200,000 and $1 million.
• Trial – If settlement negotiations fail, the next step in a compensation claim will be to proceed with a personal injury lawsuit and argue the case before a Texas court. If the plaintiff wins the personal injury case, the defendant must pay the damages specified in the original complaint. However, if the defendant wins, the plaintiff is not awarded damages.

Schedule a Consultation With an Experienced Car Wreck Lawyer Today

In summary, it is entirely possible to sue not only a drunk driver and their insurance provider but also any establishment that sold or served alcohol to the drunk driver responsible for causing an accident. To learn more or for assistance in initiating a compensation claim, consider speaking with a personal injury attorney today.