Drunk Driving Accident Liability in Texas: Who Can Be Held Liable?

Drunk driving accidents are preventable, but they continue to cause serious injuries and deaths across Texas. Understanding drunk driving accident liability in Texas is essential when an impaired driver causes a crash and victims seek compensation through a civil claim.

The Impaired Driver

Texas law defines intoxication to include not having the normal use of mental or physical faculties because of alcohol, drugs, controlled substances, or other substances, or having an alcohol concentration of 0.08 or more. Texas law also provides that a person commits driving while intoxicated if the person is intoxicated while operating a motor vehicle in a public place.

When an intoxicated driver causes a crash, that conduct may support a civil claim for damages.

Criminal Charges vs. Civil Claims for Drunk Driving Accident Liability in Texas

A criminal DWI case is brought by the State of Texas and is focused on punishment. A civil injury claim is brought by the injured person or their surviving family members and focuses on compensation.

Civil compensation may include:

• Medical expenses

• Future medical care

• Lost income

• Reduced earning capacity

• Pain and suffering

• Emotional distress

• Wrongful death damages in fatal cases
  

Bars, Restaurants, and Dram Shop Liability

In some cases, liability may extend to a provider that served alcohol. Texas Alcoholic Beverage Code Section 2.02 allows a statutory cause of action when alcohol was provided, sold, or served to someone who was obviously intoxicated to the extent they presented a clear danger to themselves and others. The person’s intoxication was a proximate cause of the damages.

This is often referred to as dram shop liability.

Why Early Investigation Matters

Drunk driving accident claims often depend on evidence that can disappear quickly. Important evidence may include:

• Police reports

• Breath or blood alcohol testing information

• Witness statements

• Surveillance footage

• Bar or restaurant receipts

• Cell phone records

• Vehicle data

• Medical documentation

Acting early helps preserve evidence and identify every responsible party.

Speak With Amos Barton Law Firm

If you or someone you love was injured in a drunk driving accident, you deserve answers and accountability.

Amos Barton Law Firm represents victims of drunk driving accidents across Texas. Our firm investigates the crash, identifies potential sources of liability, and pursues compensation for the full impact of your injuries.

Contact Amos Barton Law Firm at 830-257-7575 to discuss your legal options.

FAQs

Can I sue a drunk driver after an accident in Texas?

A victim may be able to bring a civil claim against an impaired driver if the driver’s conduct caused injury or damages.

Can a bar or restaurant be liable for a drunk driving accident?

In some cases, Texas law allows claims against alcohol providers when statutory requirements are met, including obvious intoxication and proximate cause.

Is a DWI criminal case the same as a civil injury case?

No. Criminal cases are brought by the state. Civil claims are brought by injured victims or surviving families to seek compensation.

Source Notes

Primary sources used: Texas Penal Code Chapter 49 and Texas Alcoholic Beverage Code Section 2.02.