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A drunk driving crash can change your life in seconds. One moment you are driving down I-35E near the Denton Square, and the next, you are dealing with a totaled car, serious injuries, and a mountain of medical bills, all because someone chose to get behind the wheel while impaired. If this happened to you or someone you love, you have legal rights, and the team at Chandler Ross Injury Attorneys in Denton, Texas, is here to help you use them.
Table of Contents
- How Common Are Drunk Driving Crashes in Texas and the Dallas-Denton Area?
- What Texas Law Says About Driving While Intoxicated and Why It Matters for Your Case
- Texas Dram Shop Law: Can You Sue the Bar That Served the Drunk Driver?
- What Damages Can You Recover After a Drunk Driving Accident in Denton, Texas?
- How Chandler Ross Injury Attorneys Handles Drunk Driving Accident Claims in Denton and Dallas
- FAQs About Dallas Drunk Driving Accident Lawyers in Denton, Texas
How Common Are Drunk Driving Crashes in Texas and the Dallas-Denton Area?
Drunk driving is one of the deadliest problems on Texas roads. Every day, about 32 people in the United States die in drunk-driving crashes, and in 2024 alone, 11,904 people died in alcohol-impaired driving traffic deaths. Those are not just numbers. Each one is a family torn apart by a choice someone else made.
Texas carries more than its share of this burden. Texas recorded 1,699 deaths in alcohol-involved crashes in recent data, one of the highest totals of any state in the country. The Dallas-Fort Worth metroplex, which includes the highways and corridors that connect directly to Denton, sees a disproportionate number of these crashes.
Locally, the roads around Denton are not immune. Drivers traveling US-380, Loop 288, or heading south on I-35E toward Dallas regularly share the road with impaired drivers, especially late at night and on weekends. The stretch of I-35E between Denton and Dallas has long been one of the most traveled, and most dangerous, corridors in North Texas.
About 30% of all traffic crash fatalities in the United States involve drunk drivers with BACs of .08 g/dL or higher. In Texas, the problem runs even deeper. According to National Highway Traffic Safety Administration data, Texas’s drunk driving ratio is significantly higher, at around 40%. That means nearly four in ten fatal crashes in this state involve an impaired driver.
If you were hurt near the University of North Texas campus area, on Highway 77, or anywhere in Denton County, the statistics make one thing clear: this is a serious, widespread problem, and you deserve serious legal representation. The personal injury lawyers at Chandler Ross Injury Attorneys understand what victims in this community face, and we fight to hold drunk drivers accountable.
What Texas Law Says About Driving While Intoxicated and Why It Matters for Your Case
Texas Penal Code Chapter 49 governs intoxication offenses in this state. Understanding these laws helps you see exactly how the criminal side of a DWI connects to your civil injury claim.
Under Texas Penal Code Section 49.01, a person is legally “intoxicated” in one of two ways: either they do not have the normal use of their mental or physical faculties due to alcohol, drugs, or another substance, or they have a blood alcohol concentration (BAC) of 0.08 or higher. A BAC of 0.08 is the legal threshold, but a driver can be found intoxicated below that level if their faculties are impaired.
Under Texas Penal Code Section 49.04, operating a motor vehicle in a public place while intoxicated is a criminal offense. The base charge is a Class B misdemeanor, but the penalties escalate quickly. If a driver’s BAC tested at 0.15 or higher, the offense becomes a Class A misdemeanor. If the drunk driver had a child passenger under 15 years old in the vehicle, Section 49.045 makes that a state jail felony.
When a drunk driver causes serious bodily injury to another person, the charge becomes Intoxication Assault under Texas Penal Code Section 49.07, a third-degree felony. When someone is killed, the charge rises to Intoxication Manslaughter under Section 49.08, a second-degree felony. These are not minor offenses, and the criminal conviction record can be powerful evidence in your civil lawsuit.
A criminal conviction does not automatically win your civil case, but it creates a strong foundation. Your attorney can use police reports, BAC test results, dashcam footage, and the criminal case record to build a compelling claim for damages. Chandler Ross Injury Attorneys knows how to connect the criminal facts to your civil recovery.
Texas Dram Shop Law: Can You Sue the Bar That Served the Drunk Driver?
Yes, in many cases you can. Texas law does not limit your claim to just the drunk driver. If a bar, restaurant, or other alcohol-serving establishment over-served the driver before the crash, that business may also be financially responsible for your injuries.
This is governed by the Texas Alcoholic Beverage Code, specifically Section 2.02, which is commonly known as the Texas Dram Shop Act. Under Texas Alcoholic Beverage Code Section 2.02, an alcohol provider can be held liable if the establishment sold or provided alcohol to someone who was obviously intoxicated to the extent they posed a clear danger to themselves or others, and the intoxication was a proximate cause of the damages suffered by the victim.
“Obviously intoxicated” is a specific legal standard. It refers to visible and noticeable signs of impairment, such as slurred speech, stumbling, bloodshot eyes, or belligerent behavior. A bartender or server who keeps pouring drinks for someone showing those signs can expose their employer to a civil lawsuit.
The term “provider” under this law is broad. In Texas, the term “provider” is not limited to bartenders. It broadly includes anyone who sells or serves alcoholic beverages under the authority of a license or permit. That covers bars near the Denton Square, restaurants along Loop 288, sports bars near UNT, and even hotel bars or convenience stores.
Bars sometimes try to avoid liability using the Texas Safe Harbor defense. If an establishment can show that it provided employee training on responsible alcohol service practices, did not knowingly serve alcohol to someone who was already intoxicated or under 21 years old, and did not promote excessive drinking, it may be able to avoid or limit its liability in a civil lawsuit stemming from a drunk driving accident. Our attorneys know how to challenge these defenses and expose whether the training was real or just a paper shield.
Pursuing a dram shop claim alongside your claim against the driver can significantly increase the compensation available to you. Call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss whether a dram shop claim applies to your case.
What Damages Can You Recover After a Drunk Driving Accident in Denton, Texas?
Victims of drunk driving crashes in Texas can pursue two broad categories of damages: economic and non-economic. In some cases, a third category, punitive damages, may also apply.
Economic damages cover the real, measurable financial losses you have suffered. These include all past and future medical expenses, from emergency room treatment at Texas Health Presbyterian Hospital Denton to long-term rehabilitation costs. They also include lost wages if your injuries kept you from working, loss of earning capacity if your ability to earn has been permanently reduced, and property damage to your vehicle.
Non-economic damages address the human toll of the crash. Physical pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships with family members all fall into this category. These losses are real, even if they do not come with a receipt. Texas law allows you to recover for them.
Punitive damages, also called exemplary damages, are available in Texas under Civil Practice and Remedies Code Section 41.003 when the defendant acted with malice or gross negligence. Choosing to drive drunk is often treated as gross negligence by Texas courts, which means a jury can award punitive damages on top of your compensatory damages. This is designed to punish the wrongdoer and deter others from making the same reckless choice.
Drunk driving crashes also frequently result in severe injuries, including traumatic brain injuries, spinal cord damage, broken bones, and internal injuries. These are the kinds of catastrophic, life-altering harms that demand aggressive legal representation. The more serious your injuries, the more critical it is to have an attorney who will fight for every dollar you are owed. Chandler Ross Injury Attorneys takes these cases seriously, and we work to build the strongest possible claim on your behalf.
How Chandler Ross Injury Attorneys Handles Drunk Driving Accident Claims in Denton and Dallas
Drunk driving accident cases are not the same as ordinary car accident claims. They involve criminal investigations, potential dram shop liability, higher available damages, and insurance companies that will fight hard to minimize what they pay you. Having an attorney who knows this terrain is not optional. It is essential.
When you contact Chandler Ross Injury Attorneys, we start by gathering every piece of evidence available. That means requesting the police report from the Denton Police Department or the Denton County Sheriff’s Office, obtaining any BAC test results, pulling surveillance footage from nearby businesses, and interviewing witnesses. If a bar may be involved, we move quickly because security footage and sales receipts can disappear fast.
We also work with accident reconstruction professionals and medical experts when needed. These specialists help us document exactly how the crash happened and the full extent of your injuries. This matters when we are negotiating with an insurance company or presenting your case at the Denton County District Courts.
Our firm handles cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront costs, and you will not owe us a fee unless we win. This lets you focus on healing while we focus on your case.
Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for personal injury claims. That clock starts on the date of the crash. Missing that deadline means losing your right to sue, so do not wait. Call Chandler Ross Injury Attorneys at (940) 800-2500 today for a free consultation. We serve clients throughout Denton, the Dallas-Fort Worth area, and all of Denton County.
FAQs About Dallas Drunk Driving Accident Lawyers in Denton, Texas
What should I do immediately after a drunk driving crash in Denton, Texas?
Call 911 right away and stay at the scene. Ask the responding officer to note any signs of impairment in their report. Get medical treatment even if you feel okay, because some injuries do not show symptoms right away. Take photos of the scene, your vehicle, and your injuries if you can. Write down the names and contact information of any witnesses. Then call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible so we can begin preserving evidence before it disappears.
Can I still recover damages if the drunk driver did not have insurance?
Yes, you may still have options. First, your own uninsured motorist (UM) coverage can step in to cover your losses if the drunk driver had no insurance or insufficient coverage. Second, if a bar or restaurant over-served the driver, you may have a dram shop claim against that business, which often has its own insurance policy. An attorney can help you identify every available source of recovery so you are not left paying for someone else’s reckless decision.
How does a DWI criminal conviction affect my civil lawsuit in Texas?
A criminal conviction for DWI, Intoxication Assault, or Intoxication Manslaughter under Texas Penal Code Chapter 49 can be used as powerful evidence in your civil case. While the two cases are separate, a guilty plea or verdict establishes that the driver was legally intoxicated. This can make it much easier to prove negligence in your civil claim. It does not guarantee a particular outcome in your civil case, but it significantly strengthens your position.
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 crash to file a personal injury lawsuit. If the crash was fatal and you are filing a wrongful death claim, the same two-year deadline applies, running from the date of death. Missing this deadline will almost certainly bar your claim entirely. Contact Chandler Ross Injury Attorneys as soon as possible to protect your rights and meet all legal deadlines.
What if the drunk driver was under 21 and served alcohol at a party?
Texas law addresses this situation through social host liability provisions. Under Texas Alcoholic Beverage Code Section 2.02, an adult who knowingly provides alcohol to a minor under 18 can be held civilly liable for damages that result from the minor’s intoxication. If the driver was between 18 and 20, the dram shop rules for commercial establishments still apply if a licensed business served them. Each situation is different, and the specific facts of how and where the alcohol was provided will determine what claims are available. Our attorneys can evaluate your situation and explain your options.
