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A drunk driving crash on Keller’s roads, whether near Town Center Drive, along U.S. Highway 377, or approaching State Highway 170, can change your life in seconds. When an impaired driver causes that crash, Texas law gives you the right to hold them fully accountable in civil court, separate from any criminal case the state pursues. At Chandler Ross Injury Attorneys, we represent victims of drunk driving accidents throughout the Keller area and greater Denton County, and we are ready to fight for the compensation you deserve.
Table of Contents
- Texas Drunk Driving Laws and What They Mean for Your Civil Claim
- Texas Dram Shop Liability: Bars and Restaurants Can Also Be Held Responsible
- What Compensation Can You Recover After a Keller Drunk Driving Accident?
- The Statute of Limitations for Keller Drunk Driving Accident Claims
- How Chandler Ross Injury Attorneys Builds Your Drunk Driving Accident Case
- FAQs About Keller Drunk Driving Accident Attorney
Texas Drunk Driving Laws and What They Mean for Your Civil Claim
Under Texas Penal Code § 49.04, a driver is legally intoxicated when their blood alcohol concentration (BAC) reaches 0.08% or higher, or when alcohol or drugs cause them to lose the normal use of their mental or physical faculties. That criminal standard matters in your civil case because a DWI arrest, breath test result, or conviction becomes powerful evidence of negligence.
Texas sees an average of 65 alcohol-related crashes every day, and three Texans die daily as a result. In 2024 alone, more than 1,000 people died in Texas from DUI and alcohol-related crashes. These numbers reflect a statewide problem that shows up on local roads across Tarrant and Denton counties every week.
When a BAC reading of 0.15 or higher is confirmed, Texas Penal Code § 49.04(d) elevates the offense from a Class B misdemeanor to a Class A misdemeanor on the criminal side. If the drunk driver seriously injured you, they face Intoxication Assault charges under Texas Penal Code § 49.07, which is a third-degree felony. If someone died, the charge becomes Intoxication Manslaughter under Texas Penal Code § 49.08, a second-degree felony. These criminal charges do not automatically compensate you, but they strengthen your civil case significantly.
In a civil lawsuit, the burden of proof is lower than in a criminal case. A victim only needs to show that it is more likely than not that the drunk driver’s negligence caused their injury. That means even if the criminal case ends in a plea deal or reduced charge, your civil claim can still succeed. A DWI conviction or guilty plea can also serve as direct evidence of fault in your personal injury lawsuit.
Texas Dram Shop Liability: Bars and Restaurants Can Also Be Held Responsible
Texas law does not limit liability to the drunk driver alone. Under the Texas Alcoholic Beverage Code § 2.02, known as the Texas Dram Shop Act, a bar, restaurant, or other alcohol provider can be held liable for damages they helped cause. This matters because it opens an additional source of compensation for you, especially when the driver had minimal insurance coverage.
The statute sets a clear standard. To bring a dram shop claim, you must show two things. First, at the time the alcohol was served, the person was obviously intoxicated to the extent that they presented a clear danger to themselves and others. Second, that intoxication was a proximate cause of the damages you suffered. “Proximate cause” means the intoxication directly led to your injuries in a way that was reasonably foreseeable.
Think about a scenario where a driver spends several hours at a bar near Keller Parkway before getting on State Highway 114. If witnesses, surveillance footage, or receipts show the bar kept serving that driver after they were visibly impaired, the establishment may share legal responsibility for your injuries. Under Texas Alcoholic Beverage Code § 2.03, the dram shop statute provides the exclusive cause of action against providers for serving alcohol to adults 18 and older, so your claim must be built carefully under the specific requirements of that law.
Texas law prohibits establishments from serving drinks to customers who seem dangerously intoxicated. If the drunk driver was overserved at a dram shop before getting behind the wheel, you may have a civil claim against that establishment, which increases the pool of available insurance coverage to pay for your damages. The attorneys at Chandler Ross Injury Attorneys know how to investigate these third-party claims and build the evidence needed to pursue them.
What Compensation Can You Recover After a Keller Drunk Driving Accident?
Texas law allows drunk driving victims to pursue two main categories of compensation: economic damages and non-economic damages. In cases involving especially reckless conduct, punitive damages may also be available.
Economic damages cover your out-of-pocket financial losses. These include current and future medical bills, emergency room treatment, surgeries, physical therapy, prescription costs, lost wages while you recover, and reduced earning capacity if your injuries are permanent. If the crash caused catastrophic harm, such as a traumatic brain injury or spinal damage, the long-term costs can be substantial.
Non-economic damages address the human cost of the crash. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship all fall into this category. These losses are real, even though they do not come with a receipt.
Texas law allows for punitive damages in civil cases when the defendant’s conduct shows malice, gross negligence, or reckless disregard for the safety of others. Drunk driving frequently meets this threshold because operating a vehicle while impaired shows a conscious disregard for life and safety. Punitive damages are separate from compensatory damages and are designed to punish particularly egregious conduct and deter similar behavior.
If a loved one died in the crash, the family has the right to pursue a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71. Damages in those cases can include funeral expenses, loss of financial support, and loss of the deceased’s love and companionship. The personal injury lawyers at Chandler Ross Injury Attorneys handle both injury and wrongful death claims for Keller-area families.
The Statute of Limitations for Keller Drunk Driving Accident Claims
Time limits are critical in Texas drunk driving accident cases. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline applies whether you are suing the drunk driver, a dram shop, or both. Miss that deadline, and you lose your right to recover compensation entirely.
Two years may sound like plenty of time, but the evidence that wins these cases disappears quickly. Surveillance footage from bars and intersections near Old Denton Road or Keller-Smithfield Road gets overwritten within days or weeks. Witness memories fade. Skid marks and physical road evidence wash away. The sooner you act, the stronger your case will be.
There are limited exceptions that can pause the two-year clock. If the victim was a minor at the time of the crash, the statute of limitations generally does not begin running until they turn 18. If the at-fault driver was criminally charged and certain conditions apply, the clock may be tolled in narrow circumstances. These exceptions are fact-specific and not guaranteed, so do not assume you have extra time.
The criminal case against the drunk driver runs on its own separate timeline and does not pause your civil deadline. It is possible to file a civil lawsuit even if the prosecutor decided not to press charges against the drunk driver. There is no reason to wait until the criminal case is closed before you talk to a personal injury attorney. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your accident.
How Chandler Ross Injury Attorneys Builds Your Drunk Driving Accident Case
Building a strong drunk driving accident case in Keller requires more than a police report and a positive BAC reading. Insurance companies representing drunk drivers actively work to minimize what they pay you. They question the severity of your injuries, dispute the cause of the crash, and sometimes argue comparative fault, meaning they try to shift some blame onto you. Texas follows a modified comparative fault rule, which means your compensation is reduced by your percentage of fault, and you recover nothing if you are found more than 50% responsible.
Our team investigates every angle of your case. We obtain the police crash report from the Keller Police Department or Tarrant County Sheriff’s Office, request the driver’s toxicology results, subpoena bar and restaurant records, and identify every witness. Where the crash involved a serious injury, we work with qualified accident reconstruction professionals. Under the federal standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), expert testimony must be grounded in reliable methodology, and we ensure that the experts we work with meet that standard.
Experienced personal injury attorneys know how to investigate crashes, gather evidence such as police reports and BAC results, secure witness statements, and present a compelling case for both economic and non-economic damages. We also evaluate whether a dram shop claim applies and pursue every party whose conduct contributed to your injuries.
Chandler Ross Injury Attorneys serves clients throughout the Keller area, including those near Bear Creek Park, the Keller Town Center, and communities along FM 1709. Our Denton County office handles cases across the region, and we offer free consultations so you can understand your rights before making any decisions. Call us today at (940) 800-2500 to speak with our team. Past results in any case do not guarantee the same outcome in yours, as every case turns on its own facts and applicable law.
FAQs About Keller Drunk Driving Accident Attorney
Can I sue a drunk driver in Texas even if they were not convicted of DWI?
Yes. Your civil claim is separate from the criminal case. A drunk driver may avoid prison yet still be required to pay damages if a civil claim is successful, because civil courts use a lower burden of proof than criminal courts. You only need to show it is more likely than not that the driver’s intoxication caused your injuries, not prove it beyond a reasonable doubt.
What if the drunk driver who hit me in Keller has no insurance?
You have options. If you carry uninsured or underinsured motorist (UM/UIM) coverage on your own Texas auto policy, you can file a claim under that coverage to help pay for your losses. You may also have a dram shop claim against the bar or restaurant that served the driver, which gives you access to that establishment’s commercial insurance policy. An attorney can help you identify every available source of recovery.
How long does a drunk driving accident lawsuit take to resolve in Texas?
There is no fixed timeline. Cases that settle through negotiation with the insurance company can resolve in several months. Cases that go to trial in Tarrant County or Denton County courts can take one to three years or longer, depending on court schedules, the complexity of the evidence, and whether the dram shop or other parties are involved. Moving quickly to preserve evidence and meet filing deadlines gives your case the best foundation.
Can the bar or restaurant that served the drunk driver be sued separately from the driver?
Yes. Under the Texas Alcoholic Beverage Code § 2.02, you can bring a dram shop claim against the establishment that served the driver if you can show the driver was obviously intoxicated and presented a clear danger at the time of service, and that the intoxication was a proximate cause of your injuries. This claim runs alongside your claim against the driver and can significantly increase the total compensation available to you.
What should I do immediately after being hit by a drunk driver near Keller?
Call 911 so law enforcement responds to the scene and documents the driver’s condition, including any field sobriety tests or breathalyzer results. Seek medical attention right away, even if you feel fine, because some injuries like traumatic brain injuries or internal bleeding do not show immediate symptoms. Photograph the scene, gather witness contact information, and do not give recorded statements to any insurance company before speaking with an attorney. Then call Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation.
Content prepared under the supervision of Chandler Ross Injury Attorneys, principal office located in Denton, Texas. This page is advertising material. Past results do not guarantee a similar outcome in any future case. Each case is different and must be evaluated on its own facts and applicable law.
