Common Questions / Drunk Drivers
What are my rights if I was hit by a drunk driver in Texas?
You may have more than one defendant. Beyond the driver, Texas's Dram Shop Act can hold the bar or restaurant that over-served an obviously intoxicated patron liable, and the driver's conduct can support exemplary damages, but the proof windows on all of it are brutally short.
The drunk driver, and the punishment layer
Your compensatory case against an intoxicated driver works like any negligence case, with one addition: driving drunk is classic evidence of gross negligence, which opens the door to exemplary damages, money awarded to punish and deter rather than compensate. Texas caps exemplary damages in most cases, but the caps can fall away where the conduct amounts to certain felonies, including intoxication offenses. Carriers know a drunk-driving file carries jury anger, and that knowledge is leverage from the first phone call.
The Dram Shop Act: suing the source
Under Texas's dram shop law, a bar, restaurant, or other licensed provider is liable if, at the time of service, it was apparent the patron was obviously intoxicated to the extent he presented a clear danger to himself and others, and that intoxication proximately caused your damages. This matters enormously in serious cases, because commercial establishments carry liability policies that dwarf a personal auto policy. The Texas Supreme Court sharpened the standard in 2025: the question is how the patron appeared to the server at the moment of service, so a blood-alcohol number alone is not enough without evidence tying it to visible signs when the drinks were poured.
Why the clock on these cases is measured in days
The proof of obvious intoxication lives in bar surveillance video, itemized receipts and tab records, point-of-sale timestamps, and the memories of servers and other patrons, and every one of those decays or gets overwritten fast. Establishments also raise the safe harbor defense, that their servers were TABC-trained and over-service was never encouraged, and defeating it means digging into training records, sales incentives, and actual practices. Preservation letters and witness work in the first weeks routinely decide whether a dram shop claim exists at all. Silver Key Law treats a drunk-driving intake as an investigation with a fuse lit.
The criminal case is not your case
The DWI prosecution punishes; it does not compensate you, and its pace is not your pace. Your civil claim runs separately on its own two-year limitations period, can use the criminal evidence, and does not have to wait for the criminal outcome. Restitution ordered in the criminal case rarely approaches the value of a serious injury claim. Pursue both tracks; only one of them exists for you.
Injured in Arizona? Some rules on this page are Texas-specific. Arizona differs on points that change outcomes, including pure comparative fault and government-claim deadlines. See our Arizona answers or call (888) 508-6967.
Related: Wrongful Death Damages · What Is My Case Worth? · Submit Your Case · All Common Questions
This page is general information about Texas law, not legal advice about your specific situation. Deadlines and outcomes depend on facts; talk to a lawyer about yours.
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