Injured by a Drunk Driver in Texas? Your Legal Rights Explained
If you’ve been injured by a drunk driver in Texas, knowing your legal rights is crucial. Texas law allows victims to pursue compensation through personal injury claims, holding the intoxicated driver—and potentially other parties—accountable. Here’s what you need to know to protect your rights after a Dallas or Fort Worth drunk driving accident.
Texas Drunk Driving Accident Laws
Driving while intoxicated (DWI) in Texas is defined under Texas Penal Code § 49.04. A driver is legally intoxicated with a blood alcohol concentration (BAC) of 0.08% or higher, or if they lack normal use of mental or physical faculties due to alcohol or drugs.
- Driving while intoxicated is a crime punishable by fines, jail time, and license suspension.
- Victims may file a civil lawsuit against the drunk driver for damages including medical expenses, lost wages, and pain and suffering.
Understanding Texas Dram Shop Liability
Under the Texas Alcoholic Beverage Code § 2.02, known as the Texas Dram Shop Act, a bar, restaurant, or liquor store may also be held liable if they served alcohol to a person who was obviously intoxicated and that intoxication was a proximate cause of the accident.
Key Points on Dram Shop Claims:
- The establishment served a person showing clear signs of intoxication.
- That person caused injury or death as a result of driving while intoxicated.
- Victims must provide evidence showing both intoxication and the establishment’s negligence.
Types of Compensation Available
Victims of Texas drunk driving accidents may be eligible to recover compensation for:
- Medical expenses, including hospital bills and rehabilitation
- Lost wages and future earning capacity
- Pain and suffering and mental anguish
- Property damage
- Wrongful death damages if a loved one was killed
How to File a Drunk Driving Accident Lawsuit in Texas
Under the Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for personal injury claims is two years from the date of the accident. This deadline applies whether you’re suing the drunk driver, a dram shop, or both.
Steps to Take:
- Seek immediate medical attention.
- Report the accident to law enforcement and obtain the police report.
- Document evidence including photos, witness statements, and medical records.
- Consult with a personal injury attorney experienced in Texas drunk driving cases.
Texas Drunk Driving Statistics and Community Impact
According to the Texas Department of Transportation (TxDOT), alcohol-related crashes are a leading cause of roadway injuries and fatalities in Texas. In 2023 alone, there were over 24,000 DWI-related crashes statewide.
Frequently Asked Questions (FAQ)
Can I sue both the drunk driver and the bar that served them?
Yes. Texas law allows you to pursue claims against both the intoxicated driver and the establishment under dram shop liability laws if applicable.
What if the driver was uninsured?
You may be able to recover compensation through your own uninsured/underinsured motorist coverage or pursue a dram shop claim.
How long do I have to file a Texas drunk driving accident lawsuit?
You generally have two years from the date of the accident to file a lawsuit, under Texas Civil Practice and Remedies Code § 16.003.
Resources and References
Disclaimer
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
