Getting hit by a drunk driver changes everything. One moment you’re driving down I-35E through Denton or heading home after a night out near the Fry Street entertainment district, and the next you’re dealing with serious injuries, a wrecked car, and a stack of medical bills. You did nothing wrong. Someone else made the choice to get behind the wheel while impaired, and now you’re paying for it. At Chandler Ross Injury Attorneys, we represent people in Denton and across the Dallas-Fort Worth area who have been hurt by drunk drivers. This page explains what Texas law says about drunk driving accidents, who can be held responsible, and what your claim may be worth. If you have questions, call us at (940) 800-2500 for a free consultation.<\/p>\n\n\n\n
Texas Penal Code \u00a7 49.04 defines driving while intoxicated as operating a motor vehicle in a public place while impaired. Under Texas Penal Code \u00a7 49.01, a person is legally “intoxicated” if they have a blood alcohol concentration (BAC) of 0.08 or higher, or if alcohol or drugs have caused them to lose the normal use of their mental or physical faculties. That second part matters because a driver does not need to blow a 0.08 to be legally impaired. If their driving ability is compromised, they are intoxicated under Texas law.<\/p>\n\n\n\n
The criminal charges a drunk driver faces depend on the facts of the case. A standard first-offense DWI is a Class B misdemeanor under \u00a7 49.04(b), but the charge escalates quickly. Under \u00a7 49.04(d), if the driver’s BAC was 0.15 or higher, the offense becomes a Class A misdemeanor. If the drunk driver had a child under 15 in the vehicle, \u00a7 49.045 makes that a state jail felony. And if someone was killed as a result of the crash, \u00a7 49.08 (Intoxication Manslaughter) applies, which is a second-degree felony under Texas law.<\/p>\n\n\n\n
These criminal charges are separate from your civil injury claim. You do not need a criminal conviction to win a personal injury lawsuit. In a civil case, you only need to show that the driver was more likely than not at fault, which is a lower standard than what prosecutors must prove in criminal court. A police report showing the driver failed a field sobriety test, a BAC reading, or witness statements can all help establish fault in your civil claim. As personal injury lawyers<\/a> serving Denton and the greater Dallas area, we know how to use the evidence from a DWI arrest to build a strong case for our clients.<\/p>\n\n\n\n Drunk driving is not a rare event in North Texas. In the city of Dallas alone, there were a total of 3,727 DUI alcohol-related accidents in a single recent year, resulting in 148 deaths and 287 serious injuries. That works out to roughly ten alcohol-related crashes every single day in Dallas. Dallas ranked seventh in the nation for fatal drunk driving accidents, with 181 fatal drunk driving accidents recorded. Those are not abstract statistics. They represent real families torn apart on roads like I-35E, US-380, and Loop 288 right here in our region.<\/p>\n\n\n\n TxDOT data shows there was an average of 65 alcohol-related crashes every day on Texas roadways, resulting in an average of three deaths per day from those accidents. Dallas County has the second-highest DWI crash rate in the state, with a total of 2,275 crashes. Denton County sits right in the middle of this problem. With Highway 380 running through Denton, US-377 connecting communities to the south, and the constant flow of traffic near the University of North Texas and Texas Woman’s University campuses, impaired driving crashes happen here regularly.<\/p>\n\n\n\n Thousands of crash victims across Texas suffer serious, life-altering injuries, including brain trauma, spinal cord injuries, and broken bones. These are not minor fender-benders. Drunk driving crashes tend to be severe because impaired drivers often fail to brake before impact, resulting in high-speed collisions. If you or someone you love was hurt in one of these crashes, you have the right to pursue full compensation. Call Chandler Ross Injury Attorneys at (940) 800-2500 to talk about your case today.<\/p>\n\n\n\n The drunk driver is always the primary responsible party. Texas law is clear that a person who chooses to drive while impaired is liable for the harm they cause. But in many drunk driving cases, there is a second party who may also share responsibility: the business that served the driver alcohol. This is where Texas Dram Shop law comes in.<\/p>\n\n\n\n Under Texas Alcoholic Beverage Code \u00a7 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. In plain terms, if a bar or restaurant kept serving drinks to a visibly drunk person who then got in a car and hit you, that business may owe you compensation.<\/p>\n\n\n\n Signs of obvious intoxication include slurred speech, stumbling, bloodshot eyes, or belligerent behavior. Proving liability often requires strong evidence such as witness accounts, security footage, sales receipts, or expert analysis estimating the person’s blood alcohol level at the time of service. That evidence disappears fast. Surveillance footage gets overwritten. Receipts get discarded. This is why calling an attorney immediately after a drunk driving crash is so important.<\/p>\n\n\n\n Bars and restaurants sometimes try to use 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. Our team knows how to challenge that defense and hold negligent businesses accountable. Whether you were hit near the Denton Square, on I-35E near Corinth, or anywhere in the Dallas metro, we can investigate every possible source of recovery for you. A skilled car accident lawyer<\/a> can identify all liable parties and fight for every dollar you deserve.<\/p>\n\n\n\n Texas law allows drunk driving accident victims to recover compensation for every way the crash has affected their lives. The most common categories include medical expenses (past and future), lost wages, reduced earning capacity, pain and suffering, and property damage. In cases involving severe injuries like traumatic brain injuries or spinal cord damage, future medical costs alone can run into the hundreds of thousands of dollars.<\/p>\n\n\n\n One thing that sets drunk driving cases apart from ordinary car accident claims is the potential for punitive damages. Texas Civil Practice and Remedies Code \u00a7 41.003 allows courts to award exemplary (punitive) damages when a defendant acted with gross negligence or malice. Choosing to drive with a BAC well above the legal limit often qualifies as gross negligence. Punitive damages are designed to punish the wrongdoer and deter others from the same behavior. They can significantly increase the total value of your case beyond your actual economic losses.<\/p>\n\n\n\n Texas also follows a modified comparative fault rule under Civil Practice and Remedies Code \u00a7 33.001. If you were partially at fault, your recovery is reduced by your percentage of fault, and you cannot recover at all if you are found more than 50% responsible. In drunk driving cases, fault is almost always placed on the impaired driver. Insurance companies sometimes try to shift blame onto the victim, which is why having legal representation matters. Whether you need a car accident lawyer<\/a> in the Garland area or representation for a crash anywhere in North Texas, Chandler Ross Injury Attorneys is ready to protect your rights and pursue maximum compensation on your behalf.<\/p>\n\n\n\n The steps you take in the hours and days after a drunk driving crash can directly affect your claim. First, call 911 immediately. A police report documenting the driver’s impairment is one of the most valuable pieces of evidence you will have. Make sure officers conduct a BAC test and note any signs of intoxication in their report. If the driver is arrested at the scene, get the case number.<\/p>\n\n\n\n Get medical care right away, even if you feel okay. Injuries like whiplash, herniated discs, and traumatic brain injuries often do not show symptoms immediately. A medical record created close to the time of the crash connects your injuries to the accident and prevents the insurance company from arguing that you were hurt somewhere else. Keep every receipt, every bill, and every document related to your treatment.<\/p>\n\n\n\n Do not give a recorded statement to the at-fault driver’s insurance company without talking to an attorney first. Insurance adjusters are trained to minimize payouts. They may ask questions designed to get you to say something that reduces your claim. You have no legal obligation to speak with them before consulting a lawyer. If you were hurt near the Denton County Courthouse area, on US-380 through Denton, or anywhere in the Dallas metro, contact Chandler Ross Injury Attorneys at (940) 800-2500 before you talk to any insurer. You can also reach an experienced car accident lawyer<\/a> serving the Plano area through our firm to get the guidance you need right away.<\/p>\n\n\n\n Texas has a two-year statute of limitations for personal injury claims under Civil Practice and Remedies Code \u00a7 16.003. That clock starts on the date of the crash. Missing that deadline means losing your right to sue entirely. Do not wait. The sooner our team can investigate your case, preserve evidence, and identify all liable parties, the stronger your claim will be. Contact Chandler Ross Injury Attorneys today at (940) 800-2500 or visit us online to schedule your free consultation. Our firm handles cases on a contingency fee basis, meaning you pay nothing unless we recover for you. As a trusted car accident attorney<\/a> team serving communities across North Texas, we are committed to fighting for the full compensation you deserve.<\/p>\n\n\n\n No. A criminal conviction is not required to win a personal injury lawsuit. Civil cases use a lower standard of proof than criminal cases. You only need to show that it is more likely than not that the driver was impaired and caused your injuries. Evidence like a police report, BAC test results, field sobriety test failures, and witness statements can all support your civil claim even if the criminal case is reduced or dismissed.<\/p>\n\n\n\n Yes, in many cases you can. Under Texas Alcoholic Beverage Code \u00a7 2.02, a business that sold alcohol to someone who was obviously intoxicated and posed a clear danger to others can be held liable if that person’s intoxication caused your injuries. These are called dram shop claims. Evidence like surveillance footage, bar receipts, and staff witness statements are critical, and they must be preserved quickly. Contact an attorney as soon as possible after the crash.<\/p>\n\n\n\n This is a common problem. If the at-fault driver is uninsured or underinsured, you may still have options. Your own uninsured or underinsured motorist coverage may apply. A dram shop claim against the bar or restaurant that served the driver is another potential source of recovery. An attorney can review all available insurance policies and identify every party that may owe you compensation.<\/p>\n\n\n\n It depends on the facts of your case. Cases that settle through negotiation with the insurance company can resolve in a few months to about a year. Cases that require filing a lawsuit and going through discovery typically take one to two years or longer. The severity of your injuries, the number of liable parties, and whether the case goes to trial all affect the timeline. Your attorney can give you a more specific estimate after reviewing your case.<\/p>\n\n\n\n Several things. First, the evidence is different. BAC test results, DWI arrest records, and police reports documenting impairment all play a major role. Second, you may have a dram shop claim against the business that served the driver, which adds a potential defendant and additional insurance coverage. Third, Texas law allows for punitive damages in drunk driving cases when the driver’s conduct qualifies as gross negligence, which can significantly increase the total value of your claim beyond your actual economic losses.<\/p>\n\n\n\n Content prepared by Chandler Ross Injury Attorneys, principal office located in Denton, Texas. This page is attorney advertising. Past results do not guarantee a similar outcome in any other matter. Each case is different and results depend on the specific facts and applicable law.<\/em><\/p>\n\n\n\nDrunk Driving Accidents in Dallas and Denton: The Numbers Are Alarming<\/h2>\n\n\n\n
Who Can Be Held Responsible After a Drunk Driving Crash<\/h2>\n\n\n\n
What Damages Can You Recover After a Drunk Driving Accident<\/h2>\n\n\n\n
What to Do After a Drunk Driving Accident in the Dallas-Denton Area<\/h2>\n\n\n\n
FAQs About Drunk Driving Accident Lawyers in Dallas<\/h2>\n\n\n\n
Does the drunk driver have to be convicted of DWI for me to win my civil case?<\/h3>\n\n\n\n
Can I sue the bar or restaurant that served the drunk driver?<\/h3>\n\n\n\n
What if the drunk driver had little or no insurance?<\/h3>\n\n\n\n
How long does a drunk driving accident case take to resolve in Texas?<\/h3>\n\n\n\n
What makes a drunk driving accident case different from a regular car accident claim?<\/h3>\n\n\n\n