When a drunk driver hits your motorcycle in Texas, you may be entitled to economic damages, noneconomic damages, and exemplary damages, and when the driver’s conduct constitutes intoxication assault, the standard cap on exemplary damages may not apply. A drunk driver accident lawyer can pursue both the civil claim and monitor the criminal proceedings, which run independently. Your two-year deadline starts on the day of the crash and does not pause for the criminal case.
Being hit by a drunk driver on a motorcycle is one of the most serious scenarios on Texas roads. Motorcyclists are already among the most vulnerable road users, and when the driver who hit you was impaired, the consequences are almost always severe. If this happened to you, your options are stronger than in a typical car accident case, and you need to understand why.
The personal injury attorneys at McLaurin Law represent motorcycle accident victims hit by drunk drivers across Houston and Harris County. Here is what your situation looks like under Texas law and what a drunk driver accident lawyer can do for you.
Why Drunk Driving Motorcycle Accidents Are Different
In most motor vehicle accident cases, the injured party can pursue compensation for economic and noneconomic damages, including medical expenses, lost wages, pain and suffering, and so on. If the at-fault driver was drunk, the legal implications shift significantly in your favor.
A drunk driver who causes serious injury to a motorcyclist is not just civilly liable but may also be criminally responsible. That criminal conduct opens the door to additional civil remedies that are not available in an ordinary negligence case.
The Criminal Side: What Happens to the Drunk Driver
When a drunk driver hits your motorcycle and causes you serious bodily injury, Texas law defines that as intoxication assault under Texas Penal Code Section 49.07. Intoxication assault is a felony of the third degree. If the injury results in a traumatic brain injury causing a persistent vegetative state, it becomes a second-degree felony.
If the drunk driver caused the death of a motorcyclist, the charge becomes intoxication manslaughter, which is a felony of the second degree.
These criminal charges run parallel to your civil case. A criminal conviction is not required for you to pursue civil compensation, but it can be powerful supporting evidence in your civil claim. The driver’s blood alcohol content, field sobriety test results, and the police report from the crash night all become part of the evidentiary record that supports your case.
The Civil Side: What You Can Recover
Economic and noneconomic damages
As in any motorcycle accident case, you are entitled to pursue two categories of damages under Texas Civil Practice and Remedies Code Section 41.001.
- Economic damages: Your actual financial losses, including medical expenses, lost wages, future loss of earning capacity, property damage to your motorcycle and gear, and other out-of-pocket costs related to your injuries.
- Noneconomic damages: Compensation for losses that do not have a fixed dollar amount, including pain and suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life.
Exemplary damages (usually only applies to drunk driving cases)
In a standard negligence case, you are limited to compensatory damages. When the driver who hit you was drunk, you may also be entitled to seek exemplary damages, also called punitive damages, under Texas Civil Practice and Remedies Code Section 41.003.
Exemplary damages require proof by clear and convincing evidence that your harm resulted from fraud, malice, or gross negligence. Driving while intoxicated, with actual awareness of the risk that it creates for others and conscious indifference to that risk, can meet the gross negligence standard under Texas law.
Critically, when the drunk driver’s conduct constitutes intoxication assault under Penal Code Section 49.07 or intoxication manslaughter under Section 49.08, the standard cap on exemplary damages does not apply under Section 41.008(c). In plain terms, drunk driving cases involving serious injury or death may result in uncapped exemplary damages on top of your compensatory recovery.
What to Do After a Drunk Driver Hits Your Motorcycle
- Call 911 and stay at the scene: A police report that documents the driver’s intoxication using field sobriety test results, breathalyzer readings, and officer observations is one of the most important pieces of evidence in your civil case.
- Seek medical attention immediately: Motorcycle accident injuries often present with delayed symptoms. Getting evaluated immediately creates the medical record that connects your injuries to the crash. As we covered in our post on delayed car accident injuries in Texas, gaps in your medical record are one of the most effective tools insurers use to reduce what they pay.
- Document everything at the scene: Photograph the vehicles, the road, your injuries, and any skid marks. If witnesses saw the crash or saw the driver’s behavior before the collision, get their contact information.
- Do not give a recorded statement to the driver’s insurer: The other driver’s liability insurer will move quickly. Do not give a recorded statement, accept any payment, or sign any release before speaking with a drunk driver accident lawyer. Once you sign a release, you generally cannot go back for more, even if your injuries turn out to be more serious than they appeared.
- Track the criminal case: A criminal conviction for intoxication assault or intoxication manslaughter is powerful supporting evidence in your civil case. Ask your attorney to monitor the criminal proceedings and advise you on how they affect your civil options.
Your Deadline to File
Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of the accident to file a personal injury lawsuit. That clock starts on the day of the crash. Do not wait for the criminal case to resolve before pursuing your civil claim, as the two processes run independently and your civil deadline does not pause for the criminal proceedings.
A Drunk Driver Accident Lawyer Can Do More for You Than a Standard Injury Case
Most personal injury cases involve ordinary negligence. Drunk driving motorcycle cases involve criminal conduct, potential exemplary damages, and a set of legal tools that simply are not available in standard accident cases. Getting the full value of those tools requires legal representation that understands both the civil and criminal dimensions of what happened to you.
McLaurin Law handles drunk driving accident cases for Houston and Harris County motorcycle riders. Contact McLaurin Law to discuss your case today.
Frequently Asked Questions About Drunk Driver Accidents in Texas
1. Can I sue a drunk driver who hit my motorcycle in Texas?
Yes. You have the right to pursue a civil personal injury claim against the drunk driver regardless of whether criminal charges are filed or result in a conviction. The civil and criminal cases run independently. In a civil case, you can recover economic damages, noneconomic damages, and potentially exemplary damages if the driver’s conduct meets the gross negligence standard under Texas law.
2. What is intoxication assault in Texas?
Under Texas Penal Code Section 49.07, intoxication assault occurs when a person operating a motor vehicle while intoxicated causes serious bodily injury to another person by accident or mistake. It is a felony of the third degree or a second-degree felony if the injury results in a traumatic brain injury causing a persistent vegetative state. A conviction can be powerful supporting evidence in your civil case.
3. Can I get more than standard damages if the driver was drunk?
Possibly. Drunk driving cases may support a claim for exemplary damages, which requires clear and convincing evidence of gross negligence. When the drunk driver’s conduct constitutes intoxication assault, the standard cap on exemplary damages may not apply, meaning your total recovery could significantly exceed what is available in a standard negligence case.
4. Does the drunk driver’s insurance cover my claim?
Their liability coverage is the primary source of compensation. However, drunk driving cases frequently involve serious injuries that exceed policy limits. If the drunk driver’s coverage is insufficient, your own underinsured motorist coverage may apply. An attorney can review all available sources of coverage before you accept any settlement.
5. Can the drunk driver’s actions reduce what I recover?
Yes, your recovery can be reduced by your percentage of fault. Even in a drunk driving case, the insurer may argue you contributed to the crash, citing issues with your lane position, speed, or helmet use. These arguments can be challenged, but they need to be addressed proactively with documentation from the scene and medical records that establish the cause and severity of your injuries.
