Houston Drunk Driving Accident Lawyer

What Compensation Can You Recover After a Drunk Driving Accident?

You may seek compensation for medical care, lost income, and the ways the crash changed your daily life. The losses must result from the crash and be supported by evidence. Serious injuries can affect your health, work, and independence for years.

When I review a drunk-driving case, I want to understand what you could do before the crash and what has become harder since. Medical records tell part of that story. Your work duties, family responsibilities, and treatment needs help explain the rest.

Returning to work does not always mean full recovery. You may still need therapy, work fewer hours, or struggle with tasks that once came easily. We document those limits and keep the proof for each loss distinct so the claim does not count the same harm twice.

Vehicle damage may also be part of the claim. When a crash causes a death, eligible family members and the estate may have separate claims, discussed in the wrongful-death section below.

There is no reliable average settlement that tells you what your case is worth. I assess your losses, the liability evidence, any shared-fault allegations, and the insurance or assets available. Exemplary damages require separate proof and are discussed next.

What If the Drunk Driver Has Too Little Insurance?

You may still have options if the drunk driver is uninsured or has too little coverage for your injuries. Your own coverage, a policy on the vehicle the driver used, or a claim against another responsible party may provide additional sources of payment.

I review the available policies and the facts that could support additional claims before advising you about settlement. An insurance limit helps explain what one policy may pay; it does not measure the full impact of your injuries.

PIP or medical payments coverage, if available, may also help with covered medical expenses. PIP may cover some lost income. These benefits have their own limits and do not replace a full review of the injury claim.

Before recommending a lawsuit, I consider available insurance and collectible assets. A judgment alone does not guarantee payment. I also review proposed settlement releases because their terms can affect remaining claims and coverage.

For a plain-language explanation of these auto coverages, see the Texas Department of Insurance’s auto insurance guide.

What If the Driver Was Never Arrested?

You may still have a strong civil case. A criminal DWI prosecution and a personal-injury lawsuit use different standards and serve different purposes. Your injury claim does not disappear because an officer did not arrest the driver or because prosecutors did not obtain a conviction.

Civil proof can come from witnesses, 911 calls, body-camera video, medical records, toxicology evidence, receipts, social-media posts, or the driver’s own statements. In one of our cases, we recovered $625,000 for two passengers even though the driver was never arrested and no alcohol test was performed.

Texas defines intoxication in Penal Code § 49.01. 

Were You a Passenger of the Drunk Driver?

Passengers can bring injury claims too. The insurance company may argue that a passenger knew or should have known the driver was impaired, but that does not automatically end the case. The facts matter, including what the passenger knew, when the drinking occurred, and whether there were reasonable alternatives.

What to Do After a Suspected Drunk Driving Crash

1. Call 911. Tell the dispatcher if you believe the other driver is intoxicated.
2. Tell the responding officer what you personally observed, such as slurred speech, the smell of alcohol, open containers, stumbling, or unusual behavior.
3. Get names and contact information for witnesses if you can do so safely.
4. Take photographs and video of the vehicles, roadway, visible injuries, and anything else that may later matter.
5. Get medical care. Do not assume an injury is minor because the pain is delayed.
6. Report the crash to your own insurer, but be careful about recorded statements and broad medical authorizations.
7. Talk with a lawyer early if the injuries are serious or you suspect a bar, employer, or other party may be involved.

How Long Do You Have to File a Drunk Driving Lawsuit in Texas?

Most Texas personal-injury lawsuits must be filed within two years of the injury under Texas Civil Practice and Remedies Code § 16.003. Wrongful-death claims generally also have a two-year limitations period, subject to exceptions that can affect the calculation.

Two years can sound like plenty of time. It is not a safe investigation schedule. Video can be overwritten, business records can become harder to obtain, and witnesses can disappear long before a lawsuit is due. If a bar or restaurant may be involved, early preservation work can be critical.

When a Drunk Driver Causes a Death

A fatal drunk-driving crash leaves a family dealing with grief while insurance companies, medical bills, funeral expenses, and lost income continue to move forward. No civil case fixes that loss, but it can hold responsible parties accountable and protect the family’s financial future.

Under Texas law, the surviving spouse, children, and parents may bring a wrongful-death claim in qualifying cases. The estate may also have a separate survival claim for damages the person suffered between the injury and death. See Chapter 71 of the Texas Civil Practice and Remedies Code.

Our firm obtained a $6 million settlement for a family after a fatal drunk-driving crash. Learn more from our Houston wrongful death lawyer page.

Serious Injuries in Drunk Driving Crashes

Impaired drivers may react late, fail to brake, cross lanes, or drive at unsafe speeds. Serious crashes can cause brain injuries, spinal injuries, fractures, internal injuries, burns, scarring, and permanent impairment.

For life-changing injuries, the claim must account for more than today’s bills. Future medical care, lost earning capacity, and the effect on daily life can become major parts of the case.

Harris County Drunk Driving Crash Statistics

TxDOT’s 2025 statistics show that alcohol-related crashes remain a serious problem in Harris County. TxDOT reports 3,090 DUI-alcohol crashes in the county, including 138 deaths and 224 suspected serious injuries.

Those numbers come from TxDOT’s 2025 motor vehicle crash statistics. TxDOT uses “DUI (Alcohol)” as a reporting label; Texas criminal law generally uses DWI for an adult accused of driving while intoxicated.

I do not view those figures as abstract statistics. Each one represents someone suddenly facing medical treatment, missed work, insurance problems, or the death of a family member. When we investigate a serious crash on I-45, I-10, US 290, Beltway 8, FM 1960, or another Houston road, we work backward from the collision and look for evidence that explains both the crash and the driver’s drinking.

Why Families Call Baumgartner Law Firm

I founded Baumgartner Law Firm in 1985. I have spent my career representing injured people and families—not insurance companies. I hold both a J.D. and an LL.M., am a graduate of the Trial Lawyers College, and have held an AV Preeminent peer rating from Martindale-Hubbell.

I also keep the firm’s caseload intentionally small. That lets me remain personally involved in the cases we accept. Serious drunk-driving cases can require quick decisions about evidence, experts, defendants, insurance, and litigation. I prepare those cases with trial in mind rather than assuming they will settle.

What Does It Cost to Hire Greg?

The consultation is free. We handle accepted injury cases on a contingency fee, so you do not pay an attorney’s fee unless we recover compensation for you. Our fees range from 33.33% to 40% when litigation is required. The fee and case-expense terms are explained in the written agreement before representation begins.