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A drunk driving crash in Justin, Texas can happen in seconds, but the aftermath can last a lifetime. Whether it happened on FM 156, near the intersection heading toward Denton, or on one of the rural roads cutting through Dwise County, being hit by an impaired driver puts you in a position you never asked for. Medical bills pile up. Your car is totaled. You may be out of work. And the person who caused all of it made a choice to get behind the wheel while intoxicated. You have legal rights, and understanding them is the first step toward protecting yourself and your family.
Table of Contents
- Texas Law Defines Drunk Driving, and It Affects Your Civil Claim
- Bars and Restaurants Can Be Liable Under the Texas Dram Shop Act
- What Compensation Can You Recover After a Justin Drunk Driving Crash
- Texas Has a Two-Year Deadline to File Your Drunk Driving Injury Claim
- Why Chandler Ross Injury Attorneys Is the Right Choice for Justin Drunk Driving Victims
- FAQs About Justin Drunk Driving Accident Attorney
Texas Law Defines Drunk Driving, and It Affects Your Civil Claim
Under Texas Penal Code Section 49.04, a person commits an offense when they operate a motor vehicle in a public place while intoxicated. Texas law 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, a drug, or a combination of both. That criminal definition matters directly to your civil injury claim.
When a driver is arrested and charged under Section 49.04, that police report and any BAC test results become powerful evidence in your personal injury case. A BAC of 0.15 or higher elevates the criminal charge to a Class A misdemeanor under the same statute. If the driver was in a school crossing zone near Justin Elementary or any other local school zone, the offense rises to a state jail felony. Each of these factors strengthens the civil negligence case you can bring against that driver.
Texas Penal Code Section 49.045 adds another layer. If the drunk driver had a passenger under 15 years old in the vehicle, that is automatically a state jail felony. That fact can be used to show the driver’s extreme recklessness, which supports a claim for punitive damages in your civil case, on top of your compensatory damages for medical bills, lost wages, and pain and suffering.
The drunk driver’s criminal case and your civil injury case run separately. A criminal conviction is not required for you to win compensation. But a DWI arrest, a high BAC reading, and a police report documenting impairment all build a strong foundation for your claim. If you were hurt by an impaired driver on US-380 heading through the Justin area, or anywhere in Denton County, the personal injury lawyers at Chandler Ross Injury Attorneys can review the evidence and explain your options at no cost to you.
Bars and Restaurants Can Be Liable Under the Texas Dram Shop Act
The drunk driver is not always the only party responsible for your injuries. Texas Alcoholic Beverage Code Section 2.02 is the state’s Dram Shop Act, and it allows victims to sue the bar, restaurant, or other alcohol-serving establishment that over-served the driver who hurt them. This law gives you a second avenue for compensation, which matters especially when the driver has minimal insurance coverage.
Under Section 2.02, an alcohol provider can be held liable when two conditions are met. First, it must have been apparent that the person being served was obviously intoxicated to the point of presenting a clear danger to themselves and others. Second, that intoxication must be the proximate cause, meaning the direct legal cause, of your injuries. Both elements must be proven for the claim to succeed.
The term “provider” under the Texas Alcoholic Beverage Code includes bars, restaurants, liquor stores, hotel bars, event venues, and anyone else licensed or permitted to sell alcohol. If someone spent the evening drinking at a spot near Denton Square or at any establishment along the 35W corridor before getting on the road toward Justin, and that bar continued serving them while they were visibly impaired, that business may share liability for your injuries.
Proving obvious intoxication requires evidence. Surveillance footage, employee testimony, bar receipts, and witness accounts all play a role. This evidence disappears quickly. Bars recycle video footage. Employees move on. That is why contacting an attorney immediately after a drunk driving crash is so important. Chandler Ross Injury Attorneys knows how to move fast to preserve the evidence that makes a dram shop claim work.
What Compensation Can You Recover After a Justin Drunk Driving Crash
Victims of drunk driving accidents in Texas can pursue two categories of damages: compensatory and punitive. Compensatory damages are meant to make you whole for what you lost. Punitive damages, also called exemplary damages, are meant to punish the wrongdoer and deter others from the same conduct.
Compensatory damages cover your economic and non-economic losses. Economic damages include your current and future medical bills, rehabilitation costs, lost wages from time you missed at work, and reduced earning capacity if your injuries affect your ability to work long-term. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and the effect your injuries have on your relationships with your family.
Drunk driving cases in Texas often support punitive damages claims. Under Texas Civil Practice and Remedies Code Section 41.003, punitive damages are available when a plaintiff proves by clear and convincing evidence that the defendant acted with malice or gross negligence. Choosing to drive with a BAC well above the legal limit, especially after being served at a bar while visibly intoxicated, can meet that standard. Punitive damages can significantly increase the total value of your case.
Injuries from drunk driving crashes are often severe. Because impaired drivers frequently fail to brake or react before impact, collisions tend to happen at full speed. Victims commonly suffer traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and severe burns. These injuries require long, expensive recoveries, and some leave permanent limitations. The attorneys at Chandler Ross Injury Attorneys work with medical professionals to document the full scope of your injuries and fight for every dollar you deserve.
Texas Has a Two-Year Deadline to File Your Drunk Driving Injury Claim
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. Miss that deadline, and the court will almost certainly dismiss your case, no matter how strong it is. Two years sounds like plenty of time, but drunk driving injury cases require early action to be built properly.
Evidence degrades fast. Surveillance footage from bars and intersections near Justin or along FM 156 is often overwritten within days. Witness memories fade. Skid marks disappear. The driver’s blood alcohol records from the night of the crash must be obtained through proper legal channels before they become unavailable. The sooner an attorney begins working your case, the more complete that evidence picture will be.
Dram shop claims against bars and restaurants carry the same two-year deadline under Texas law, but they also require early investigation to identify which establishment served the driver and to gather the proof needed to establish obvious intoxication. Waiting months before contacting a lawyer makes that work harder and sometimes impossible.
There are limited exceptions to the two-year rule. If the victim is a minor, the clock may not start until they turn 18. If the at-fault driver left the scene and their identity is unknown, different rules may apply. These exceptions are narrow, and you should not rely on them without speaking to an attorney first. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your crash to make sure your rights are fully protected.
Why Chandler Ross Injury Attorneys Is the Right Choice for Justin Drunk Driving Victims
Chandler Ross Injury Attorneys is a personal injury law firm based in Denton, Texas, serving clients throughout Denton County, including the community of Justin. The firm handles drunk driving accident cases from the initial investigation through settlement negotiations and, when necessary, trial. Every case is handled on a contingency fee basis, meaning you pay no attorney fees unless your case results in a recovery.
Drunk driving cases in the Justin area often involve Denton County courts, including the Denton County Courts at Law and the 16th and 362nd District Courts located at the Denton County Courthouse on West Hickory Street in Denton. Familiarity with local courts, local law enforcement agencies, and the roads and intersections where crashes happen in this part of North Texas makes a real difference in how a case is built and presented.
The firm takes a thorough approach to drunk driving cases. That means pulling police reports, obtaining BAC records, identifying all potentially liable parties including bars and restaurants, working with accident reconstruction professionals when needed, and documenting your injuries with medical experts who can speak to your long-term prognosis. No two crashes are the same, and each case is evaluated on its specific facts. Past results in other cases do not guarantee the same outcome in yours, but the firm’s commitment to building the strongest possible case is consistent across every client.
If you or someone you love was hurt by a drunk driver near Justin, along US-380, on I-35W, or anywhere in Denton County, do not wait. Contact Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation. There is no obligation, and there are no upfront costs. You focus on recovering. The firm handles the rest.
FAQs About Justin Drunk Driving Accident Attorney
Can I sue a bar in Justin or Denton if their customer hit me while drunk?
Yes. Under Texas Alcoholic Beverage Code Section 2.02, you can bring a dram shop claim against any bar, restaurant, or licensed alcohol provider that served the driver while they were obviously intoxicated. You must show that the intoxication was apparent to the provider and that it directly caused your injuries. These claims run alongside your claim against the driver, and both can be pursued at the same time.
What if the drunk driver who hit me does not have enough insurance?
If the at-fault driver carries minimal liability insurance, you may have additional options. A dram shop claim against the bar or restaurant that over-served the driver can open up a separate source of compensation. Your own uninsured or underinsured motorist (UM/UIM) coverage may also apply. An attorney can review all available insurance policies and identify every source of recovery available to you.
Does it matter if the drunk driver was not convicted of DWI?
No. Your civil injury claim does not depend on a criminal conviction. Criminal cases require proof beyond a reasonable doubt, which is a much higher standard than the preponderance of the evidence standard used in civil cases. A DWI arrest, BAC test results, and the officer’s observations from the scene can all be used to support your civil claim even if the criminal case is reduced, dismissed, or not yet resolved.
What if a minor was driving drunk and hit me near Justin?
Under Texas Alcoholic Beverage Code Section 106.041, minors are prohibited from operating a motor vehicle with any detectable amount of alcohol in their system. Texas has a zero-tolerance standard for underage drivers. If a minor caused your crash, you can pursue a claim against them and potentially against any adult who provided the alcohol. Under Texas Alcoholic Beverage Code Section 2.02, an adult who knowingly provided alcohol to a minor under 18 can be held civilly liable for resulting damages.
How long does a drunk driving injury case take to resolve?
The timeline varies depending on the severity of your injuries, the number of parties involved, and whether the case settles or goes to trial. Cases involving serious injuries, such as traumatic brain injuries or spinal damage, often take longer because it is important to understand the full extent of your long-term medical needs before agreeing to a settlement. Many cases resolve within one to two years, but some take longer. What matters most is that your case is built correctly from the start, not rushed to a quick settlement that leaves money on the table.
Content prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. This page is attorney advertising. Past results do not guarantee a similar outcome in any future case. Each case is evaluated on its own facts and circumstances.
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