Being injured by a drunk driver is one of the most enraging experiences an accident victim can have — because it was entirely preventable. The person who hurt you made a conscious choice to get behind the wheel impaired, and that decision carries real legal consequences. In Texas, victims of drunk driving accidents can pursue not only compensatory damages for their injuries but also punitive (exemplary) damages designed to punish the defendant and deter others from the same reckless behavior.
Texas law (Tex. Civ. Prac. & Rem. Code § 41.003) allows punitive damages in cases involving malice or gross negligence — and choosing to drive while intoxicated well above the legal limit has been found by Texas courts to meet that standard. Additionally, if the drunk driver was served alcohol by a bar, restaurant, or social host who knew or should have known the person was intoxicated, Texas Dram Shop laws (Tex. Alco. Bev. Code § 2.02) may extend liability to that establishment, adding another source of recovery.
The Garza Law Firm has pursued drunk driving injury cases for over 50 years. We know how to build these cases, when to pursue dram shop claims, and how to present evidence of a defendant's reckless conduct in a way that resonates with San Antonio juries. If you were hurt by a drunk driver, we are ready to fight for every dollar you deserve.
Key Facts About Drunk Driver Accidents in Texas
NHTSA data show that 13,524 people were killed in alcohol-impaired driving crashes in the United States in a recent year — one death every 39 minutes.
Texas leads the nation in drunk driving fatalities — TxDOT reports over 1,400 DUI-related traffic deaths per year in Texas, accounting for roughly 40% of all traffic fatalities statewide.
Texas's legal blood alcohol concentration (BAC) limit is 0.08% for adults over 21. Commercial drivers face a 0.04% limit, and any detectable alcohol is prohibited for drivers under 21.
Texas Dram Shop Act (Tex. Alco. Bev. Code § 2.02) allows injured victims to hold bars, restaurants, and other alcohol providers liable if they provided alcohol to an obviously intoxicated person who later caused an accident.
Punitive damages in Texas drunk driving civil cases can multiply the total award significantly — courts have upheld substantial punitive awards where BAC was well above the legal limit or the driver had prior DWI convictions.
Common Questions About Drunk Driver Accidents
The drunk driver was arrested. Does a criminal conviction help my civil case?
Yes. A DWI conviction is admissible evidence in your civil case as proof of negligence per se — meaning the driver's intoxication constitutes negligence as a matter of law. You do not need to wait for the criminal case to conclude before pursuing your civil claim.
Can I sue the bar that served the driver?
Under the Texas Dram Shop Act, yes — if you can show the bar served alcohol to a person who was 'obviously intoxicated to the extent that he presented a clear danger to himself and others.' We investigate the drunk driver's consumption history and the establishment's service records to build this claim.
Can I recover punitive damages from a drunk driver?
Yes, in many cases. Texas allows punitive (exemplary) damages when the defendant's conduct constitutes gross negligence — and Texas courts have consistently recognized that driving with a significantly elevated BAC meets this standard. Punitive damages are in addition to your compensatory award.
The drunk driver has minimal insurance. What can I do?
We explore every available source of recovery — your own uninsured/underinsured motorist coverage, dram shop liability against the alcohol provider, and any third-party vehicle owner liability if the driver was operating someone else's car. We leave no stone unturned.
You Don't Have to Figure This Out Alone
When you hire The Garza Law Firm, we guide you through every step of the legal process so you can focus on what matters most — your recovery.
Free Case Consultation
We discuss your accident in detail, review the police report (including the BAC results and DWI arrest information), and advise you on all available legal claims including dram shop liability.
Parallel Criminal/Civil Investigation
We monitor the criminal proceedings while simultaneously building your civil case. We obtain police reports, breathalyzer records, toxicology results, and witness statements that support your claim.
Dram Shop Investigation
If the driver was served at a bar or restaurant, we investigate service records, surveillance footage, bartender accounts, and prior incidents at the establishment to support a dram shop claim.
Damages Assessment Including Punitive Damages
We document all compensatory damages and prepare a punitive damages analysis based on the driver's BAC, prior DWI history, and any other aggravating conduct.
Demand & Negotiation
We present a comprehensive demand package to all applicable insurers, including the driver's carrier and any dram shop defendant's insurer. We negotiate firmly for a result that accounts for the intentional nature of the harm.
Trial Preparation & Litigation
Drunk driving cases often resonate strongly with juries. If the defense will not settle fairly, we take the case to trial and present the full picture of the defendant's reckless conduct and its consequences for your life.
Ready to Discuss Your Case?
Contact The Garza Law Firm today for a free, no-obligation consultation. There is no fee unless we win.
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