Aubrey Drunk Driving Accident Attorney

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Aubrey, Texas is a fast-growing community in southern Denton County, sitting right along U.S. Highway 377 and close to the FM 428 corridor that connects Cross Roads and the surrounding areas. Drivers here share roads with commuters heading toward Denton, Frisco, and the Dallas-Fort Worth Metroplex every day. When a drunk driver gets behind the wheel on those roads, innocent people pay the price. If you or someone you love was hurt in a drunk driving crash near Aubrey, the personal injury lawyers at Chandler Ross Injury Attorneys in Denton, Texas are ready to fight for the full compensation you deserve. Call us at (940) 800-2500 for a free consultation.

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How Serious Is Drunk Driving in Denton County and the Aubrey Area?

Drunk driving is a genuine public safety crisis in Denton County. Denton County recorded 321 DUI-related crashes in 2024, resulting in 14 fatalities. That is not a distant, abstract number. Those crashes happened on roads that Aubrey residents use daily, including U.S. Highway 377, FM 428, and the stretch of US-380 that runs through the county toward Denton.

The problem runs deep statewide, too. Driving under the influence of alcohol remained a major factor in traffic fatalities in Texas. In 2024, 1,053 people were killed in crashes involving alcohol-impaired drivers, accounting for 25.37% of all traffic deaths. That means one out of every four people killed on Texas roads died because someone chose to drive drunk.

Denton County has a documented history of high DWI rates. Denton County ranked 10th in the state of Texas for the number of driving while intoxicated charges, despite having the smallest population of any county on the top-10 list. That ratio matters. It tells you that impaired driving in this area is disproportionately common relative to the size of the local population.

The timing of these crashes follows a predictable pattern. According to TxDOT, drunk driving accidents are most common in the early morning, with alcohol-related crashes peaking between 2:00 and 3:00 a.m., and most frequently occurring on Sundays. However, drunk driving collisions can and do occur at any time of day and any day of the week. Whether you were hit on a late-night drive home from Denton’s Square or during a midday errand on Highway 377, your right to compensation is the same.

Texas DWI Laws That Apply to Your Accident Claim

Understanding the criminal laws surrounding drunk driving helps you see why these cases carry such legal weight. Under Texas Penal Code Section 49.04, a person commits the offense of Driving While Intoxicated (DWI) when they operate a motor vehicle in a public place while intoxicated. Texas defines intoxication as having a blood alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of mental or physical faculties due to alcohol or drugs.

The severity of the criminal charge scales with the circumstances. A standard first-offense DWI is a Class B misdemeanor with a minimum of 72 hours of confinement. If the driver’s BAC tested at 0.15 or higher, Texas Penal Code Section 49.04(d) elevates the charge to a Class A misdemeanor. If the drunk driver had a passenger under 15 years old in the vehicle, Texas Penal Code Section 49.045 makes that a state jail felony.

The most serious charges arise when someone is hurt or killed. Texas Penal Code Section 49.08 covers intoxication manslaughter, which is a second-degree felony when a drunk driver kills another person. When the crash causes serious bodily injury, the driver can face intoxication assault charges, a third-degree felony under Texas Penal Code Section 49.07.

These criminal charges matter to your civil case because a criminal conviction or guilty plea creates a strong factual foundation for your injury claim. The drunk driver cannot deny they were intoxicated if they already pleaded guilty or were convicted in Denton County court. That is powerful leverage when pursuing the compensation you need for medical bills, lost income, and pain and suffering.

Texas Dram Shop Law: Holding Bars and Restaurants Accountable

The drunk driver is not always the only party responsible for your injuries. Texas law allows victims to pursue claims against the bar, restaurant, or other establishment that served the driver alcohol before the crash. This is known as the Texas Dram Shop Act, codified at Texas Alcoholic Beverage Code Section 2.02.

Under Section 2.02, a business that sells or serves alcohol can be held liable if, at the time of service, it was apparent that the person being served was obviously intoxicated to the extent they presented a clear danger to themselves and others, and that intoxication was a proximate cause of your damages. Proximate cause means the intoxication was a direct, foreseeable factor in causing the crash.

Think about what this looks like in practice. A person spends several hours at a bar near Denton’s entertainment district, visibly slurring their words and stumbling. The bartender keeps serving them anyway. That person then drives south on U.S. 377 through Aubrey and slams into your vehicle at an intersection near FM 428. Under Section 2.02, that bar may share legal responsibility for your injuries.

A drunk driver may be uninsured, underinsured, or financially unable to pay for the full extent of a victim’s injuries. A dram shop claim can provide another source of financial recovery. This matters enormously in practical terms. Texas also imposes social host liability under Texas Alcoholic Beverage Code Section 106.06, which can make a private individual liable for providing alcohol to a minor who then causes a crash.

Pursuing a dram shop claim does not prevent you from also suing the drunk driver directly. Taking civil legal action against a bar or restaurant does not disqualify an injured plaintiff from holding the drunk driver liable for their wrongdoing. A dram shop claim may be filed against a negligent establishment in addition to the claim filed against the intoxicated motorist. Chandler Ross Injury Attorneys can evaluate all possible defendants in your case and pursue every available source of compensation.

What Compensation Can You Recover After an Aubrey Drunk Driving Accident?

Texas law allows drunk driving accident victims to pursue two main categories of damages: economic damages and non-economic damages. Economic damages cover your measurable financial losses. Non-economic damages cover the human cost of the crash that does not come with a receipt.

Economic damages include past and future medical expenses, hospital bills, rehabilitation costs, lost wages from time missed at work, and reduced earning capacity if your injuries prevent you from returning to your previous job. If the crash totaled your vehicle, property damage is recoverable as well. Injuries from drunk driving crashes are often severe, including traumatic brain injuries, spinal cord damage, broken bones, and internal injuries, all of which generate substantial long-term medical costs.

Non-economic damages include physical pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement. In drunk driving cases, Texas courts may also award punitive damages, also called exemplary damages. In some cases involving drunk driving, punitive damages may also apply. Punitive damages are those designed to punish the defendant rather than compensate the plaintiff, and they are only deemed applicable by a court in cases in which the defendant’s actions were particularly egregious or grossly negligent.

If the crash killed a family member, Texas law allows surviving relatives to pursue a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71. Wrongful death damages can include funeral and burial expenses, loss of the deceased person’s income and financial support, loss of companionship, and survivors’ mental pain and anguish. Cases involving catastrophic injury or wrongful death often require detailed expert testimony to establish the full value of future losses, and our attorneys take that process seriously.

Every case is different, and past results in other cases do not guarantee any particular outcome in yours. What we can tell you is that Chandler Ross Injury Attorneys will work to identify every dollar of compensation available under Texas law. Call us at (940) 800-2500 to talk through the specific facts of your situation.

The Statute of Limitations for Drunk Driving Injury Claims in Texas

Time is one of the most critical factors in a drunk driving accident case. Texas Civil Practice and Remedies Code Section 16.003 sets the statute of limitations for personal injury claims at two years from the date of the accident. If you miss that deadline, you generally lose your right to file a lawsuit and collect compensation, no matter how serious your injuries are.

Two years sounds like a long time, but the clock starts running the day of the crash. Although you may need time to recover from your injuries, you do not have unlimited time to hold the drunk driver accountable. Negotiating your insurance claim may take several weeks, and developing a robust case to take to court may take longer. Starting early gives your attorney time to gather evidence before it disappears.

Evidence in drunk driving cases fades fast. Bar surveillance footage is often overwritten within days or weeks. Witness memories fade. Accident reconstruction evidence becomes harder to collect as time passes. The Denton County District Attorney’s office handles DWI prosecutions, and the criminal case timeline moves on its own schedule, separate from your civil claim. You need an attorney working on your civil case from the start.

Dram shop claims follow the same two-year deadline under Texas Civil Practice and Remedies Code Section 16.003. If the statute of limitations expires, you cannot pursue your dram shop case in civil court. In addition, the deadline will affect insurance claims related to the accident. If you cannot sue, there is no legal incentive for the insurance company to offer you a fair settlement. You could end up with no compensation or less compensation than you deserve.

Do not wait. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your crash. We serve clients throughout Denton County, including Aubrey, Cross Roads, Little Elm, and the surrounding communities.

Why Chandler Ross Injury Attorneys Handles Aubrey Drunk Driving Cases

Chandler Ross Injury Attorneys is a personal injury law firm based in Denton, Texas. We represent injured people and families across Denton County, including those hurt in drunk driving crashes near Aubrey, along U.S. 377, FM 428, and the surrounding roads. Our office is close to the Denton County Courthouse on West Hickory Street, where civil litigation in these cases is handled.

Drunk driving accident cases involve layers of legal work that go beyond a standard car accident claim. We investigate the crash scene, obtain the police report, request the driver’s toxicology results, subpoena bar records and surveillance footage, identify all liable parties, and build a complete damages picture that accounts for your past and future losses. If a bar or restaurant contributed to the crash by overserving the driver, we pursue that claim alongside the claim against the driver.

We handle every drunk driving case on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for you. There is no upfront cost to hire us, and your first consultation is completely free. You can reach us at (940) 800-2500 any time to get started.

Drunk driving injuries can overlap with other serious harm. If your crash involved a commercial vehicle, or if your injuries include a traumatic brain injury or other catastrophic harm, our attorneys handle those dimensions of your claim as well. Aubrey residents dealing with serious injuries deserve a legal team that takes the full scope of their losses seriously. That is exactly what we do at Chandler Ross Injury Attorneys.

FAQs About Aubrey Drunk Driving Accident Attorneys

How do I know if I have a valid drunk driving accident claim in Texas?

You likely have a valid claim if a drunk driver caused a crash that injured you or killed a family member. Texas law requires you to show that the driver was intoxicated, that their intoxication caused the crash, and that you suffered real damages as a result. A police report showing a DWI arrest or a positive BAC test is strong evidence. Even without a criminal conviction, you can still pursue a civil claim using a lower standard of proof. Contact Chandler Ross Injury Attorneys at (940) 800-2500 for a free case review.

Can I sue the bar that served the drunk driver who hit me?

Yes, in many cases you can. Under Texas Alcoholic Beverage Code Section 2.02, a bar, restaurant, or other licensed alcohol seller can be held liable if they served a person who was obviously intoxicated to the point of being a danger to themselves and others, and that intoxication caused your injuries. You must show that the person’s visible intoxication was apparent at the time of service. Evidence like surveillance footage, bartender testimony, and receipts can support this type of claim. You can pursue the bar and the drunk driver at the same time.

How long do I have to file a drunk driving accident lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. The same deadline applies to dram shop claims against bars or restaurants. Missing this deadline typically means losing your right to compensation entirely. Because evidence in drunk driving cases disappears quickly, you should contact an attorney as soon as possible after the crash.

What if the drunk driver who hit me did not have insurance?

You still have options. If the driver was uninsured or underinsured, you may be able to file a claim under your own uninsured or underinsured motorist (UM/UIM) coverage if you carry it. You may also have a dram shop claim against the bar or establishment that served the driver, which can provide an additional source of recovery. The Texas Attorney General’s Crime Victims’ Compensation Program may offer limited relief in some situations as well. Our attorneys will identify every available source of compensation for your specific case.

Does a criminal DWI conviction help my civil case?

Yes, significantly. A criminal conviction or guilty plea for DWI under Texas Penal Code Section 49.04 establishes that the driver was legally intoxicated at the time of the crash. In your civil case, you do not need to prove intoxication beyond a reasonable doubt as the prosecutor does. You only need to show it by a preponderance of the evidence, meaning it is more likely true than not. A conviction makes that showing far easier. Even if the criminal case is still pending, we can begin building your civil claim using the police report, toxicology results, and other available evidence.

Content prepared by Chandler Ross Injury Attorneys, Denton, Texas. Attorney responsible for this content: Chandler Ross, principal office located in Denton, Texas. Past case results do not guarantee a similar outcome in any future matter, as each case depends on its own facts and applicable law. This page is intended for general informational purposes and does not constitute legal advice. Chandler Ross Injury Attorneys practices Texas law from its Denton, Texas office.

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