Sherman Drunk Driving Accident Attorney

Get a Free Case Review

SERIOUS ATTORNEYS FOR SERIOUS INJURIES

Practice Areas

FREE CONSULTATION
five-stars-BBGgold

Chandler Ross is the best hands down! You can not go wrong with these attorneys!

— Tracy P.

A drunk driving crash can change your life in seconds. If you were hurt by an impaired driver near Sherman, Texas, you deserve real answers and real representation. Chandler Ross Injury Attorneys handles drunk driving accident cases for injured people throughout the Sherman area and across North Texas. Our firm is based in Denton, and we fight for victims who have been seriously hurt because someone chose to get behind the wheel while impaired. Call us at (940) 800-2500 for a free consultation.

Table of Contents

How Texas Law Defines Drunk Driving and Why It Matters for Your Injury Claim

Texas law draws a clear line on impaired driving. Under Texas Penal Code Section 49.01, a person is legally “intoxicated” when they either lack the normal use of their mental or physical faculties due to alcohol or a controlled substance, or when they have a blood alcohol concentration (BAC) of 0.08 or higher. That second definition is what most people know as the legal limit, but the first definition matters just as much in a civil injury case.

Why does that distinction matter to you? Because even a driver who tests below 0.08 can still be held liable in a civil lawsuit if their impairment caused your crash. Civil courts use a preponderance of the evidence standard, which is lower than the criminal “beyond a reasonable doubt” standard. That means a driver can be acquitted in criminal court and still be found liable in your personal injury case.

Under Texas Penal Code Section 49.04, driving while intoxicated is at minimum a Class B misdemeanor. If the driver’s BAC was 0.15 or higher at the time of testing, the offense rises to a Class A misdemeanor. If a child under 15 was in the vehicle, the charge under Section 49.045 becomes a state jail felony. These criminal classifications matter because they reflect the degree of recklessness involved, and that recklessness is at the heart of your civil claim for damages.

Texas Penal Code Section 49.08 addresses intoxication manslaughter, which applies when a drunk driver causes the death of another person. If you lost a family member in a drunk driving crash near Sherman, whether on US-75, near the Grayson County Courthouse, or anywhere in the surrounding area, that criminal charge against the driver can support your wrongful death claim in civil court.

The criminal case and your civil claim run on separate tracks. You do not have to wait for a criminal conviction to pursue compensation. Contact personal injury lawyers at Chandler Ross Injury Attorneys right away so we can begin building your case independently of the criminal proceedings.

Texas Dram Shop Liability: When a Bar or Restaurant Shares Responsibility for Your Crash

The drunk driver is not always the only party who can be held responsible for your injuries. Texas law allows victims to pursue claims against the bars, restaurants, and liquor stores that over-served the driver before the crash. This is called dram shop liability, and it is codified in the Texas Alcoholic Beverage Code, Chapter 2.

The Texas Dram Shop Act, codified in the Texas Alcoholic Beverage Code Section 2.02, outlines the circumstances under which an alcohol-serving establishment can be held liable for damages resulting from their service of alcohol. To hold an establishment responsible, you must show that the person being served was obviously intoxicated to the point of being a clear danger to themselves and others, and that this intoxication was a proximate cause of your injuries.

Think about what that looks like in practice. Imagine a driver who spent several hours at a bar near Sherman’s downtown area before getting on US-82 and running a red light into your vehicle. If bar staff kept serving that driver despite visible signs of heavy intoxication, such as slurred speech, stumbling, or erratic behavior, the bar may share legal responsibility for your crash. That is exactly the kind of fact-intensive investigation that Chandler Ross Injury Attorneys conducts on behalf of our clients.

Under the Dram Shop statute, the victim may, under certain circumstances, also be able to recover damages from the drinking establishment that served alcohol to the drunk driver. This is especially important when the at-fault driver has minimal insurance coverage or no assets to pay a judgment.

Establishments can attempt to use a “safe harbor” defense under Texas Alcoholic Beverage Code Section 106.14. Under this provision, a bar may avoid liability if it required employees to complete a Texas Alcoholic Beverage Commission (TABC)-approved training program and did not encourage or pressure employees to over-serve patrons. However, this defense does not apply if the bar did not follow proper policies, failed to train its staff, or actively encouraged overserving.

Dram shop evidence disappears fast. Security footage gets overwritten, receipts are discarded, and employees move on. Call Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible so we can preserve the evidence you need.

What Damages Can You Recover After a Sherman Drunk Driving Accident?

Victims of drunk driving crashes in Sherman can pursue compensation for a wide range of losses. Texas law recognizes both economic and non-economic damages in personal injury cases, and in cases involving egregious conduct, punitive damages may also be available against the drunk driver.

Economic damages cover your measurable financial losses. These include all past and future medical expenses, from the ambulance ride to long-term rehabilitation. They include lost wages from time missed at work, and lost earning capacity if your injuries prevent you from returning to your previous job. They also cover the cost of repairing or replacing your vehicle and any other out-of-pocket expenses caused by the crash.

Non-economic damages compensate for losses that do not come with a price tag. Physical pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and the impact your injuries have on your relationships all fall into this category. These damages are real, and Texas law allows juries to award them based on the specific facts of your case.

Drunk driving cases can also support claims for punitive damages, also called exemplary damages, directly against the impaired driver. Under Texas Civil Practice and Remedies Code Chapter 41, punitive damages are available when the defendant acted with malice or gross negligence. Choosing to drive with a BAC well above the legal limit, especially on a busy road near areas like the Sherman Towne Center or along FM 1417, can meet that standard.

There were more than 1,000 deaths in Texas from DUI/alcohol-related crashes in 2024, meaning three people were lost every day because a driver ignored the risks. The injuries suffered by survivors are often catastrophic, including traumatic brain injuries, spinal cord damage, and severe fractures. These injuries deserve full compensation, not a lowball insurance settlement.

Chandler Ross Injury Attorneys evaluates every category of damages available to you. We do not settle cases for less than they are worth. Past results in any case depend on the specific facts and law involved and do not guarantee the same outcome in your matter.

The Statute of Limitations for Drunk Driving Injury Claims in Texas

Texas sets a hard deadline for filing personal injury lawsuits. Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of the crash to file a personal injury claim. If your loved one was killed, the two-year clock starts from the date of death for a wrongful death claim. Miss that deadline and you lose your right to sue, no matter how strong your case is.

Two years may sound like plenty of time, but drunk driving cases require investigation that takes time to do correctly. Police reports, toxicology results, witness statements, and surveillance footage all need to be gathered and preserved. If a dram shop claim is involved, the investigation is even more involved because you must trace the driver’s alcohol consumption back to a specific establishment and prove obvious intoxication at the time of service.

The same two-year deadline applies to dram shop claims under the Texas Alcoholic Beverage Code. According to Texas Civil Practice and Remedies Code Section 16.003, you have two years to file a personal injury or wrongful death lawsuit, starting with the date of the crash. If the statute of limitations expires, you cannot pursue your dram shop case in civil court.

There are limited exceptions to the two-year rule. For example, if the victim was a minor at the time of the crash, the statute of limitations may be tolled, meaning paused, until they turn 18. However, relying on exceptions is risky. The safest approach is to contact an attorney as soon as possible after the crash.

Sherman sits in Grayson County, and cases filed in state court are typically handled through the Grayson County District Courts. Federal claims, if applicable, would be filed in the Eastern District of Texas. Knowing the right court and the right deadline matters. Chandler Ross Injury Attorneys handles this process for you from the start.

Why Chandler Ross Injury Attorneys Is the Right Choice for Your Sherman Drunk Driving Case

Chandler Ross Injury Attorneys is a personal injury law firm based in Denton, Texas, serving injured people throughout North Texas, including Sherman and Grayson County. We handle drunk driving accident cases with the seriousness they deserve, because we know the difference between a fair settlement and an inadequate one.

Drunk driving cases are more involved than standard car accident claims. They often involve criminal investigations running alongside civil proceedings, multiple potentially liable parties including the driver and any alcohol provider, and insurance companies that look for any reason to minimize your payout. Having a firm that understands all of these moving parts makes a real difference in the outcome of your case.

We gather evidence quickly. We work with accident reconstructionists, toxicology professionals, and medical experts who meet the standards set by federal courts under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), which governs the admissibility of expert testimony in federal proceedings and informs best practices in Texas civil courts as well. Building a case with credible, well-supported expert opinions strengthens your position at every stage of litigation.

Our firm handles cases involving all types of serious crashes in the Sherman area, from collisions on US-75 near Loy Lake Road to accidents in residential areas close to Austin College. Whether your case involves a drunk driver, a negligent bar, or both, we pursue every available avenue of recovery on your behalf.

People still choose to get behind the wheel impaired, causing on average 65 alcohol-related crashes every day in Texas. You should not have to bear the financial and physical burden of someone else’s reckless decision. Call Chandler Ross Injury Attorneys at (940) 800-2500 for a free, no-obligation consultation. The attorney responsible for this content is based in Denton, Texas. All attorneys at Chandler Ross Injury Attorneys are licensed to practice in Texas.

FAQs About Sherman Drunk Driving Accident Attorney

Can I file a civil lawsuit against a drunk driver even if they were not convicted in criminal court?

Yes. Your civil personal injury claim is completely separate from the criminal case against the drunk driver. Criminal cases require proof beyond a reasonable doubt, while your civil case only requires a preponderance of the evidence, meaning it is more likely than not that the driver’s intoxication caused your injuries. A not-guilty verdict or a dismissed criminal charge does not prevent you from winning your civil lawsuit. Chandler Ross Injury Attorneys can pursue your claim regardless of the outcome in criminal court.

What is the legal BAC limit in Texas, and does a driver have to be over the limit to be liable for my injuries?

Under Texas Penal Code Section 49.01, the legal BAC limit for adults is 0.08. However, a driver does not have to test at or above 0.08 to be liable in a civil case. Texas law also defines intoxication as the loss of normal use of mental or physical faculties due to alcohol or drugs. If impairment contributed to the crash, even at a lower BAC, the driver can still be held responsible for your damages in civil court.

Can I sue the bar or restaurant that served the drunk driver who hit me?

Possibly, yes. Under the Texas Dram Shop Act, codified in Texas Alcoholic Beverage Code Section 2.02, a licensed alcohol provider can be held liable if they served a customer who was obviously intoxicated to the point of being a clear danger, and that intoxication caused your injuries. These claims require prompt investigation to preserve surveillance footage, receipts, and witness accounts. Chandler Ross Injury Attorneys handles dram shop claims alongside your claim against the driver.

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 a family member was killed, the wrongful death claim must also be filed within two years of the date of death. Waiting too long can cost you your right to any compensation, so contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after the crash.

What types of compensation can I recover after being hit by a drunk driver near Sherman, Texas?

You can pursue economic damages such as medical bills, future medical care costs, lost wages, lost earning capacity, and vehicle repair or replacement costs. You can also pursue non-economic damages including pain and suffering, mental anguish, and loss of enjoyment of life. In cases where the drunk driver acted with gross negligence, such as driving with an extremely high BAC, Texas law may also allow for punitive damages directly against that driver under Texas Civil Practice and Remedies Code Chapter 41. Every case is different, and the compensation available depends on the specific facts and circumstances involved.

More Resources for Sherman, TX