- Month 1Treatment and bills
- Month 3The claim takes shape
- Month 6Negotiation or suit
Being hit by a driver who was drunk or high adds anger to the injury, and it raises questions most wrecks do not: what happens with the criminal case, whether it changes your claim, and what the insurer will still try to argue. Here is how a drunk driving injury claim works in Texas.
Two cases, not one
When police arrest a driver for drunk driving after a wreck, the state may bring a criminal case against that driver. That case is about punishment, and the prosecutor, not you, runs it. Your injury claim is a separate civil claim for what the wreck cost you: medical care, lost pay, pain and the way the injury changed your life. One does not wait on the other, and the outcome of the criminal case does not decide the civil one by itself.
We stay aware of the criminal case, because its records and the officer’s findings can be useful evidence, but we build your civil claim on its own. You do not have to wait for a court date to start getting medical bills paid or evidence gathered.
Fault still gets argued
It may seem obvious who was at fault when the other driver was impaired. Insurers do not always agree. Texas reduces a recovery by the injured person’s share of fault and bars it above 50 percent (Civil Practice and Remedies Code 33.001), so the insurer may still look for something to put on you: your speed, your lane, a late reaction, a phone in your hand. Texas makes texting while driving an offense (Transportation Code 545.4251), and an adjuster will ask about it.
We answer with evidence: the crash report and the officer’s observations, test results where they are available, photos, video, witness statements and the damage to the cars. The more of that we gather early, the less room the insurer has.
When the law allows exemplary damages
Texas law allows exemplary damages, sometimes called punitive damages, only in narrow cases. The injured person must prove fraud, malice or gross negligence by clear and convincing evidence, and the jury must agree unanimously (Civil Practice and Remedies Code 41.003). Exemplary damages are capped by statute (section 41.008).
Whether an impaired driver’s conduct meets that standard depends on the facts of the case, and no one can promise it in advance. What we can do is gather the evidence that shows what the driver did and knew, so the question can be argued properly if the case goes that far.
The scene, and drivers who flee
Every driver in a crash that injures someone must stop, return if needed, check whether anyone needs help and stay to give information (Transportation Code 550.021). The driver must give name, address, vehicle registration and liability insurer, show a license if asked, and give reasonable help to anyone hurt (section 550.023). Leaving the scene is a felony when someone is killed or seriously hurt.
Impaired drivers sometimes run. If that happened to you, call 911, write down anything you saw about the car, and get medical care. Your own uninsured motorist coverage may apply when the driver is never found, so tell us right away and we will look at your policy.
Coverage when the drunk driver has too little
A Texas driver must carry at least 30/60/25 in liability insurance (Transportation Code 601.072). A serious injury can cost much more. Your own policy can help: personal injury protection pays without regard to fault, and uninsured and underinsured motorist coverage steps in when the other driver has no insurance or not enough. Both are part of Texas auto policies unless rejected in writing (Insurance Code chapter 1952).
Other policies may apply too, such as the vehicle owner’s policy when the driver was using someone else’s car, or an employer’s policy when the driver was working. We look for every one before any demand goes out.
Houston roads, day and night
Harris County saw 115,173 crashes in 2024, including 546 fatal crashes, according to TxDOT’s county table. TxDOT’s statewide count was 4,159 traffic deaths in 2024 and 3,769 in 2025, a drop of a little over 9 percent. Every one of those numbers is a family. We do not know how many involved an impaired driver, and we do not guess; we focus on the facts of your wreck.
Hit by a driver who had been drinking? Talk with our Houston office before you talk with any insurer. The consultation is free.
What to do now
- See a doctor and follow the care plan. Keep every record and receipt.
- Write down what you remember about the other driver: how they acted, what they said, what you saw or smelled.
- Keep the names of witnesses and the officer, and the crash report number.
- Do not give the other driver’s insurer a recorded statement before talking to us.
- Do not post about the wreck or the other driver online.
- Call us, and we will start on the evidence and the coverage.
Keep the deadline in mind: a Texas injury lawsuit generally has to be filed within two years of the wreck (Civil Practice and Remedies Code 16.003).
How the claim runs from here
A drunk driving injury claim follows the same path as any other car wreck claim in Texas, with more evidence to gather along the way. In the first weeks we order the crash report, request any records from the investigation that we are allowed to see, and send letters asking that video and vehicle data be kept. We open your PIP claim and look at every policy that may apply.
While you are treating, we collect the medical records and bills from each provider and keep a running list of what has been paid and what is still owed. When your doctors can describe what the injury needs, we prepare a demand that lays out what the driver did, what it did to you and what it cost.
The insurer answers, and we negotiate. Every offer is yours to accept or refuse. If the insurer will not deal fairly, we talk with you about filing a lawsuit, and you decide. Throughout, you can call our Houston office and ask where things stand.
Who will handle your claim
Our Houston attorneys all came from the insurance side, and they know how insurers handle a claim with an impaired driver. Ian Nelsen worked as an adjuster, then as an insurance defense lawyer. Howard Hill spent over 20 years with two of the nation’s largest auto and commercial insurers. Jonathan Harris, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization, spent more than a decade as a senior trial attorney for a major automobile insurer. Read about them on our Houston team page, or see how a claim runs on our page for a car wreck lawyer in Houston.
No Fees or Costs Unless We Win: the firm advances the costs of your case, and you pay no attorney’s fee and no case costs unless we recover money for you.
Questions people ask
Does my claim wait until the criminal case is over?
No. Your civil injury claim is separate from any criminal case against the driver. We can start gathering evidence and dealing with insurers right away.
Can I get punitive damages from a drunk driver?
Only in narrow cases. Texas requires clear and convincing proof of fraud, malice or gross negligence and a unanimous jury, and exemplary damages are capped by statute. Whether a case qualifies depends on its facts.
Will I have to testify in the criminal case?
You may be asked to by the prosecutor, since you were there. That is separate from your civil claim. If it happens, tell us, and we will explain how it fits with your injury claim and what to keep in mind before you speak, so nothing said in one case surprises you in the other.
What if the drunk driver had no insurance?
Your own uninsured motorist coverage may pay, unless it was rejected in writing. PIP on your policy also pays without regard to fault.
Is there a cost to hire you?
The consultation is free. No Fees or Costs Unless We Win: the firm advances the costs of your case, and you pay no attorney’s fee and no case costs unless we recover money for you.