Houston Drunk Driving Accident Lawyer

What Is a Houston Drunk Driving Accident Case Worth?

This is one of the first questions people ask me. The honest answer is that no lawyer can give you a fair number without reviewing the facts. There is no reliable ‘average’ that tells you what your case is worth.

I look closely at:

• The seriousness and permanence of the injuries.
• Past medical expenses and the cost of future care.
• Lost wages and reduced future earning capacity.
• Pain, mental anguish, physical impairment, and disfigurement.
• The strength of the intoxication and liability evidence.
• Whether exemplary damages are supported.
• How much insurance is available from all responsible parties.
• Whether the injured person is alleged to share any responsibility.

For more detail, see our guide to drunk driving accident settlements in Houston.

Can You Recover Punitive Damages From a Drunk Driver in Texas?

Possibly. Texas calls punitive damages ‘exemplary damages.’ They are different from compensation for medical bills, lost income, pain, or other losses. Exemplary damages are meant to punish and deter especially serious misconduct.

Under Texas Civil Practice and Remedies Code § 41.003, exemplary damages generally require clear and convincing proof of fraud, malice, or gross negligence. Texas also places limits on exemplary damages, but Section 41.008 contains exceptions for certain criminal conduct, including intoxication assault and intoxication manslaughter.

A high blood-alcohol level, dangerous driving, prior warnings, or other facts may strengthen a gross-negligence claim, but the evidence has to be developed case by case. Read more about punitive damages after a drunk-driving crash.

Is It Worth Suing a Drunk Driver?

Often, yes—but the practical question is not always whether the driver was at fault. It may be whether enough insurance or other assets exist to cover a serious injury.

Some drunk drivers carry only minimum liability limits, and some are uninsured. Suing a person who has no insurance and no collectible assets may not solve the problem. That is why I look beyond the first policy from the start.

Our investigation may include the driver’s liability coverage, your own UM/UIM coverage, a possible dram-shop claim, an employer’s commercial policy, the vehicle owner’s coverage, and umbrella coverage. We explain this further in suing someone who hit you while drunk.

What If the Drunk Driver Has Little or No Insurance?

Your own uninsured or underinsured motorist coverage may become important when the at-fault driver has no insurance or not enough insurance to cover the loss. Whether UM/UIM applies depends on the policy and the facts.

We also look for other coverage that may apply. A bar claim, an employer’s policy, the vehicle owner’s policy, or umbrella coverage can sometimes change the available recovery.

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. If the terminology is confusing, our guide explains the difference between DWI and DUI in Texas.

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.

We discuss that issue in more detail in our guide to passenger rights after a DWI or DUI crash.

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.

For more practical guidance, see what to do after a Houston car accident and how to report a drunk driver in Houston.

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. See our pages on Houston brain injury claims and catastrophic injury claims.

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.

You can read what clients say about Baumgartner Law Firm or learn more about Greg Baumgartner and the firm.

What Does It Cost?

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. The exact fee and case-expense terms are explained in the written agreement before representation begins.