Drunk Driving Accident Claims in Texas
A drunk driving collision produces two cases. The State prosecutes the driver, and you bring a separate civil claim. They run independently, on different standards of proof, and the criminal case does not have to finish first.
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The civil claim does not depend on a conviction
A criminal prosecution requires proof beyond reasonable doubt. A civil claim requires only that the fact is more likely than not. A driver acquitted of driving while intoxicated can still be found civilly liable for the same conduct, and a claim can proceed whether or not charges were ever filed.
A conviction helps, because it establishes facts the driver can no longer dispute. Its absence changes what has to be proved, not whether the claim exists.
Exemplary damages and gross negligence
Texas allows exemplary damages where conduct amounts to gross negligence, proved by clear and convincing evidence. Driving while intoxicated is among the clearest examples, because the driver chose to drive knowing the risk.
Exemplary damages are separate from compensation for the harm suffered. They exist to punish and deter, and they are capped by section 41.008, with an exception where the conduct also constitutes certain felonies.
Dram shop claims against the provider
The Texas Dram Shop Act allows a claim against a licensed provider that served alcohol to a person who was obviously intoxicated to the extent they presented a clear danger to themselves and others, where that service caused the harm.
These claims turn on evidence that disappears quickly: point of sale records showing what was served and when, surveillance footage of the person's condition, staff scheduling, server certification records, and witnesses who saw them. A preservation demand in the first days is what keeps a dram shop claim possible.
A separate social host provision applies in narrow circumstances involving service to minors.
Why coverage is often the real limit
An intoxicated driver frequently carries minimum coverage or none at all. Where that is so, uninsured and underinsured motorist coverage on your own policy becomes the practical source of recovery, and a dram shop defendant may carry substantially more coverage than the driver. Identifying every available policy early shapes what the claim can achieve.
Evidence the criminal case generates
Breath and blood results, field sobriety recordings, body camera and dash camera footage, and the arrest report are all produced by the criminal process and are useful in the civil claim. Obtaining them takes time and sometimes requires formal requests, which is another reason not to wait until the criminal case concludes.
Summary
| Criminal prosecution | Civil claim | |
|---|---|---|
| Brought by | The State of Texas | The injured person or the family |
| Standard of proof | Beyond reasonable doubt | More likely than not |
| Purpose | Punish the driver | Compensate the injured person |
| Outcome | Fine, license action, imprisonment | Money damages |
| Effect of acquittal | No conviction | Claim can still succeed |
| Deadline | Set by criminal procedure | Two years under section 16.003 |
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Frequently asked questions
No. The civil claim is separate and runs on its own two year deadline under section 16.003. Waiting for a criminal case that may take a year or more can put the civil deadline at risk.
Yes. A civil claim uses a lower standard of proof than a criminal prosecution, so a driver acquitted of driving while intoxicated can still be found civilly liable for the same conduct.
Possibly, under the Texas Dram Shop Act, where a licensed provider served someone who was obviously intoxicated to the point of presenting a clear danger. These claims depend on evidence such as point of sale records and footage, which is why they need investigating immediately.
Damages awarded to punish and deter rather than to compensate, available where conduct amounts to gross negligence proved by clear and convincing evidence. Drunk driving is among the clearest cases for them.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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