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A drunk driving crash can change your life in an instant. One moment you are driving down Loop 288 or heading home from a night out near the Denton Square, and the next you are dealing with serious injuries, a wrecked vehicle, and a stack of medical bills that keeps growing. If a drunk driver hit you in Denton, Texas, you have legal rights, and Chandler Ross Injury Attorneys is here to help you use them.
Table of Contents
- How Serious Is the Drunk Driving Problem in Denton and Across Texas?
- What Texas Law Says About Driving While Intoxicated and Why It Matters for Your Claim
- Who Can Be Held Liable After a Drunk Driving Accident in Denton?
- What Compensation Can You Recover After a Drunk Driving Crash in Denton?
- Steps to Take After a Drunk Driving Accident on Denton Roads
- How the Statute of Limitations Affects Your Drunk Driving Accident Claim in Texas
- FAQs About Drunk Driving Accidents in Denton, Texas
How Serious Is the Drunk Driving Problem in Denton and Across Texas?
Texas has a drunk driving problem that is bigger than any other state in the country. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired driving traffic fatalities were highest in Texas, reaching 1,676 in 2024. That number represents real people, real families, and real communities across the state, including right here in Denton County.
Of the 39,254 traffic fatalities across the United States in 2024, an estimated 11,904 people, or 30 percent, were killed in alcohol-impaired driving crashes. Texas accounts for a disproportionately large share of that toll.
Denton sits at the intersection of I-35E and I-35W, two of the busiest corridors in North Texas. That traffic volume, combined with a large college population near the University of North Texas and Texas Woman’s University, creates conditions where impaired driving is a real and present risk. Local roads like University Drive, Scripture Street, and FM 2181 all see their share of late-night traffic from bars and restaurants in the area.
In 2024, among the 11,904 alcohol-impaired driving fatalities nationally, 68 percent were in crashes where at least one driver had a blood alcohol content (BAC) of .15 grams per deciliter or higher. A BAC of .15 is nearly twice the legal limit. These are not close calls. These are drivers who are severely impaired, and innocent people on Denton roads pay the price.
If you or someone you love was hurt by a drunk driver in Denton, the law gives you the right to pursue compensation. The question is whether you have the right team in your corner to fight for it.
What Texas Law Says About Driving While Intoxicated and Why It Matters for Your Claim
Texas Penal Code Chapter 49 governs intoxication offenses in this state. Understanding these laws helps you see exactly what the drunk driver did wrong and how that wrongdoing supports your civil claim for damages.
Under Texas Penal Code Section 49.04, a person commits an offense when they operate a motor vehicle in a public place while intoxicated. The standard legal definition of intoxication in Texas includes having a BAC of .08 or higher, or not having the normal use of mental or physical faculties due to alcohol or another substance.
The law gets tougher as the facts get worse. Under Section 49.04(d), if a driver’s BAC reaches .15 or higher, the offense escalates from a Class B misdemeanor to a Class A misdemeanor. If the driver was in a school crossing zone, such as near one of Denton’s many elementary or middle schools, the charge becomes a state jail felony under Section 49.04(e).
Texas Penal Code Section 49.07 covers Intoxication Assault, which applies when a drunk driver causes serious bodily injury to another person. Serious bodily injury means an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in the long-term loss of a body part or organ. This is a third-degree felony. Section 49.08 covers Intoxication Manslaughter, which applies when a drunk driver causes someone’s death. That charge is a second-degree felony.
A criminal conviction is not required for you to win a civil personal injury case. The criminal case and your civil claim run on separate tracks. But a DWI arrest or conviction gives your attorney powerful evidence to work with. Our personal injury lawyers at Chandler Ross Injury Attorneys know how to use that evidence to build the strongest possible case for you.
Who Can Be Held Liable After a Drunk Driving Accident in Denton?
The drunk driver is the most obvious responsible party, but Texas law allows you to pursue compensation from other parties as well. Knowing who may share liability is critical to recovering the full amount you are owed.
The drunk driver bears primary responsibility. Their decision to get behind the wheel while impaired is the core act of negligence. Their auto insurance policy is typically the first source of compensation, but policy limits often fall short of covering serious injuries like traumatic brain injuries, spinal cord damage, or catastrophic losses.
Texas also allows claims against alcohol providers under the Texas Dram Shop Act, codified at Texas Alcoholic Beverage Code Section 2.02. This law allows victims to hold alcohol providers accountable when they serve a visibly intoxicated person who poses a clear danger to themselves or others, or sell or provide alcohol to a minor under 21 who then causes an accident. The law applies to bars, nightclubs, restaurants, and other licensed establishments.
Think about the bars and restaurants around the Denton Square, the entertainment venues near Golden Triangle Mall, or any number of establishments along University Drive. If one of those businesses kept serving a visibly drunk patron who then got in a car and hit you, that business may share legal liability for your injuries.
Under Texas Alcoholic Beverage Code Section 2.02(b), providing, selling, or serving an alcoholic beverage may be the basis of a claim against the provider if, at the time the provision occurred, it was apparent that the individual was obviously intoxicated to the extent that they presented a clear danger to themselves and others, and the intoxication was a proximate cause of the damages suffered.
Texas Penal Code Section 49.045 also creates criminal liability when a driver operates a vehicle while intoxicated with a passenger younger than 15 years old. That is a state jail felony. If a child was harmed in such a crash, the damages in a civil case can be substantial.
Identifying every liable party takes investigation, and that investigation needs to start quickly before evidence disappears. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your crash.
What Compensation Can You Recover After a Drunk Driving Crash in Denton?
Texas law allows drunk driving accident victims to pursue two broad categories of damages: economic damages and non-economic damages. In some cases, exemplary damages (also called punitive damages) may be available directly against the drunk driver.
Economic damages cover your financial losses. These include past and future medical expenses, lost wages from time missed at work, reduced earning capacity if your injuries affect your ability to work long-term, and property damage to your vehicle. If your injuries are severe, future medical costs alone can run into hundreds of thousands of dollars. Conditions like traumatic brain injuries, broken bones, and spinal injuries often require ongoing treatment, surgeries, and rehabilitation.
Non-economic damages cover the human cost of what happened to you. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for your spouse or family members all fall into this category. These damages are harder to put a number on, but they are just as real as any medical bill.
Texas Civil Practice and Remedies Code Chapter 41 governs exemplary damages in personal injury cases. When a defendant’s conduct is found to be grossly negligent, a jury can award exemplary damages on top of compensatory damages. Choosing to drive drunk is often considered gross negligence, which means the drunk driver may face more than just paying your medical bills. Note that under the Texas Dram Shop Act, exemplary damages are not available against alcohol providers, only against the driver directly.
The estimated economic cost of all motor vehicle traffic crashes in the United States in 2019, the most recent year for which cost data is available, was $340 billion, of which $58 billion resulted from alcohol-impaired driving crashes. Those numbers reflect the enormous financial impact these crashes have on victims and their families. Do not settle for less than what you are owed.
Steps to Take After a Drunk Driving Accident on Denton Roads
What you do in the hours and days after a drunk driving crash directly affects the strength of your legal claim. Taking the right steps protects both your health and your right to compensation.
Call 911 immediately. This gets emergency medical help on the way and brings law enforcement to the scene. A police report documenting the crash, the driver’s condition, and any field sobriety or breathalyzer results is critical evidence in your case. Denton Police Department and Denton County Sheriff’s Office officers are trained to investigate suspected DWI crashes.
Seek medical treatment right away, even if you feel fine at the scene. Adrenaline masks pain. Injuries like concussions, internal bleeding, and soft tissue damage may not show symptoms for hours or days. A gap in medical care gives insurance companies a reason to argue your injuries were not serious or were caused by something else.
Document everything you can. Photograph the scene, your vehicle, visible injuries, and any skid marks or road conditions. Get contact information from witnesses. If the crash happened near a business or intersection with cameras, that footage may be available for a limited time before it is overwritten.
Do not give a recorded statement to the drunk driver’s insurance company without speaking to an attorney first. Insurance adjusters are trained to gather information that limits what they pay out. Anything you say can be used to reduce your claim.
Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible. Our office is located at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205. We handle drunk driving accident cases throughout Denton and surrounding areas, and we offer free consultations so you can understand your rights with no financial commitment. Past results in any case do not guarantee the same outcome in yours, as every case depends on its own facts and applicable law.
How the Statute of Limitations Affects Your Drunk Driving Accident Claim in Texas
Texas law sets a strict deadline for filing a personal injury lawsuit after a drunk driving accident. Missing this deadline means losing your right to compensation, no matter how strong your case is.
Under Texas Civil Practice and Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of the accident. If the crash killed a family member and you are pursuing a wrongful death claim, the two-year clock generally starts on the date of death under Section 71.004 of the Texas Civil Practice and Remedies Code.
Two years may sound like plenty of time, but the reality is that building a strong case requires action early. Witness memories fade. Surveillance footage gets deleted within 24 to 72 hours in many cases. Police reports need to be obtained. Medical records need to be gathered. Expert witnesses may need to be retained. All of this takes time, and the sooner your attorney gets started, the better your chances of a strong outcome.
If the drunk driver was also an employee driving for work purposes, such as a commercial vehicle driver or delivery driver, additional federal and state regulations may apply, and additional parties may be liable. Those claims can involve their own procedural requirements and deadlines.
Dram shop claims against bars and restaurants follow the same two-year statute of limitations. You have two years from the date of injury to bring a dram shop case in Texas. In wrongful death cases, the two-year period starts on the date of death. Do not wait to find out whether you have a claim. Call us now.
FAQs About Drunk Driving Accidents in Denton, Texas
Does the drunk driver have to be convicted of DWI for me to win my personal injury case?
No. Your civil personal injury case and the driver’s criminal DWI case are completely separate proceedings. In a civil case, you only need to prove your claim by a preponderance of the evidence, which means it is more likely than not that the driver’s intoxication caused your injuries. A criminal conviction can strengthen your case, but it is not required. Even if the driver is acquitted of DWI charges, you can still pursue and win a civil claim for damages.
Can I sue the bar or restaurant that served the drunk driver who hit me?
You may be able to, depending on the facts of your case. Under Texas Alcoholic Beverage Code Section 2.02, also known as the Texas Dram Shop Act, a licensed alcohol provider can be held liable if they served a person who was obviously intoxicated to the point of being a clear danger to themselves or others, and that intoxication was a proximate cause of your injuries. Building this type of claim requires specific evidence, including receipts, surveillance footage, and witness accounts. An attorney can help you determine whether a dram shop claim is viable in your situation.
What if the drunk driver had no insurance or not enough insurance to cover my damages?
Texas law requires drivers to carry minimum liability insurance, but many do not, or they carry limits that are far too low to cover serious injuries. If the drunk driver is uninsured or underinsured, you may be able to make a claim under your own uninsured or underinsured motorist (UM/UIM) coverage, if you have it. A dram shop claim against the alcohol provider who served the driver may also open up additional sources of compensation, since businesses typically carry commercial liability policies with higher limits than individual drivers.
How long does a drunk driving accident lawsuit take to resolve in Texas?
The timeline varies depending on the complexity of your case, the severity of your injuries, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in a matter of months through settlement negotiations. Others take a year or more, particularly when liability is disputed or when injuries require time to fully develop so that your damages can be accurately calculated. Your attorney can give you a realistic timeline once they review the specific facts of your case.
What if I was partially at fault for the crash?
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. This means you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault does not exceed 50 percent. However, your total compensation is reduced by your percentage of fault. For example, if you are found 10 percent at fault and your total damages are $100,000, you would recover $90,000. An experienced attorney can help protect you from having your fault percentage inflated by the other side’s insurance company.
