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March 19, 2024
McLaurin Law

If I Am Hit By a Drunk Driver in a Texas Accident, Can I Sue the Driver?

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Texas, like many other states, is a hotbed of drunk driving accidents. In 2022, 1,162 people were killed in alcohol-related collisions in Texas, or the equivalent of about three people per day.

If a drunk driver hit you on our Texas roads, you likely want justice and compensation from them. You wouldn’t have been injured had that driver not slipped behind the wheel. And if you lost a loved one in the crash, they’d still be here today.


Below, a Texas DUI attorney explains what you need to know about suing drunk drivers.

Texas Allows Accident Victims to Sue Drunk Drivers

Texas takes a tough stance against drunk drivers. Accident victims are free to sue them for all damages, which may include:

  • Any accident-related medical bills
  • Property damage to your vehicle and belongings
  • Lost wages if you can’t work
  • Loss of earning potential if you’ll never fully recover
  • Pain and suffering
  • Mental anguish (depression, anxiety, etc.)

Additionally, a judge may choose to award you punitive damages. These are damages intended to punish the drunk driver for their actions.

A Texas DUI attorney can tell you which types of damages you might be able to recover for your accident.

Dram Shop Liability Lawsuits

It may surprise you to know that you can also hold liquor stores, bars, and other businesses that sell alcohol accountable for the accident. This is called “dram shop liability.”

You can hold a Texas business responsible if:

  • They served alcohol to a minor
  • They served alcohol to someone who was visibly intoxicated

You can pursue a claim against the business as well as the driver who hit you. If you’d like to know how to do this, reach out to a Texas DWI attorney.

How to Sue the Drunk Driver and Win

It’s usually fairly easy to win drunk driving accident cases. When police show up at the scene, they’ll test the at-fault driver’s blood alcohol content (BAC). If it’s over the limit, they’re liable for the crash.

It never hurts to prepare yourself before filing a lawsuit. Here’s what to do:

  • Take pictures of your injuries, your car, the car that hit you, and anything else that seems important at the accident scene.
  • Talk to witnesses. They may have seen the other driver swerving or acting erratically. If the accident happened near a liquor store, restaurant, or bar, go inside and ask whether anyone saw the intoxicated person. If you wish to file a dram shop liability lawsuit, you can use their statements as evidence.
  • See a doctor to document your injuries. If you don’t do this, you’ll have no way to prove the extent of your injuries.
  • Hire a good lawyer. You stand a better chance of winning your case with an experienced attorney’s help.

Consequences for Drunk Drivers

Drunk drivers are responsible for accident-related damages, but that’s not the only consequence they face. Drivers with a DWI charge may have to do community service and temporarily or permanently lose their license. If the accident killed someone, they may even have to go to jail.

If you hit someone while intoxicated, it would be wise to contact a criminal defense lawyer right away.

McLaurin Law Can Help You Seek Justice for Your Drunk Driving Accident

Drunk drivers are responsible for causing thousands of injuries and deaths per year. If you’ve suffered injuries because of a drunk driving accident, our attorneys at McLaurin Law, PLLC will fight hard to recover damages for you.

For a consultation with a Texas DUI attorney, call 713-231-5903.

Copyright © 2023. McLaurin Law, PLLC. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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