Houston Drunk Driving Accident Lawyer
Have you been hit by a drunk driver in Houston? As the best Houston drunk driving accident lawyer, we investigate the driver, the source of the alcohol, all insurance coverage, and whether punitive damages may apply.
Legally Reviewed by Greg Baumgartner | Updated June 15, 2026
If a drunk driver injures you or a loved one in Houston, you can recover medical bills, lost income, pain and suffering, future care, and — when the conduct rises to gross negligence — punitive damages on top.
Working with the best Houston drunk driving accident lawyer will give you an advantage to secure the settlement that you deserve. Drunk-driving cases are not ordinary car accident claims. Criminal evidence, exemplary damages, Texas dram shop liability, and uninsured motorist coverage all come into play, and the value of a case often turns on how quickly the right evidence is locked down.
At Baumgartner Law Firm, we have 40+ years of experience handling drunk driving cases and litigation. We take care of everything for you, aiming to secure the best possible settlement, even if it means a case goes to trial.
Contact an experienced drunk driving accident lawyer in Houston for a FREE CONSULTATION. (281) 587-1111
Table of Contents
Key Takeaways: What Should I Do If I’m Hit by a Drunk Driver in Houston or Harris County, Texas?
- Have you been injured by a drunk driver in Houston, Harris County, or Texas?
- Want to seek the maximum compensation possible for your injuries and distress?
- Contact the Baumgartner Law Firm, an experienced drunk driving accident lawyer in Houston, for a FREE CONSULTATION. (281) 587-1111
- We investigate every angle, including dram shop claims against bars and restaurants that overserved the driver.
- Texas gives you just two years to file. Early action protects critical evidence, such as surveillance footage and toxicology reports.
- You can still recover compensation even if the drunk driver wasn’t arrested or charged
- No win, no fee. Pay nothing unless we recover compensation for you.
- Millions recovered for Houston DWI accident victims, including a $5M settlement and a $6M fatal accident settlement.
Why Injured People Call Greg Baumgartner After a Houston DWI Crash
At Baumgartner Law Firm, every drunk-driving claim is treated as a serious injury case from the first call. With 40+ years of plaintiff trial experience, Greg Baumgartner personally evaluates every case. His and our team’s experience includes everything from intoxicated drivers, punitive damages, dram shop liability, uninsured and underinsured motorist coverage, to wrongful death.
Unlike high-volume firms, we accept a limited number of cases, so each client receives direct involvement from an attorney. You aren’t simply handed over to a paralegal. We move quickly to preserve toxicology evidence, surveillance video, bar receipts, and witness statements before they’re lost.
We then identify every available insurance policy and prepare each case for settlement or trial. Here’s why the Baumgartner Law Firm should be your first call after a DWI crash:
- Direct access to Greg Baumgartner (not a case manager)
- 40+ years of plaintiff personal injury experience
- Serious injury and wrongful death focus
- Millions of dollars in damages recovered in DWI accident cases
- Investigation of bars, restaurants, employers, and other third-party defendants
- No fee unless we recover compensation. No win, no fee!
What Makes a Drunk Driving Accident Case Different?
Drunk-driving crashes are not ordinary car accident cases. When someone drives intoxicated, it can affect liability, damages, settlement value, and a jury’s willingness to find fault. These cases may also involve claims against businesses that continued serving clearly intoxicated customers.
Texas law also allows civil injury claims even though the drunk driver may separately face criminal charges. Your injury case is about your losses and your family’s recovery, not just whether the driver is prosecuted.
Texas drunk driving accident cases often involve legal issues that do not appear in ordinary car accident claims, including criminal evidence, dram shop liability, punitive damages, and uninsured motorist coverage.
What Type of Drunk Driving Cases Can Baumgartner Law Firm Help With?
We are able to help with every type of drunk driver-involved accident, including but not limited to:
- Accidents where you or any loved ones or friends are passengers with a drunk person driving
- Accidents where you are a pedestrian injured by a drunk driver
- Truck accidents
- Bus accidents
- Motorcycle accidents (any vehicle involving the driver being drunk is even more serious than normal vehicular accidents)
- Accidents where you are driving another vehicle hit by a drunk driver (these are the most common). These can include any of the following:
- Head-on collisions
- Side-swipe incidents
- T-bone crash accidents
- Rear-end collisions
And any other type of accident involving two or more cars and two or more people, everywhere across Houston, Harris County, and Texas.
Contact an experienced drunk driving accident lawyer in Houston for a FREE CONSULTATION.
Call us todayTexas Laws That Can Affect a Drunk Driving Accident Claim
A Houston drunk driving accident case can involve more than a standard car accident claim. The drunk driver may face criminal charges. It’s important to remember that the injury claim is separate. The civil case focuses on compensation for medical bills, lost income, pain and suffering, future care, and, in fatal cases, wrongful death damages.
Depending on the facts, the claim may involve the drunk driver, a bar or restaurant, an employer, a vehicle owner, uninsured/underinsured motorist coverage, or punitive damages.
Civil Claims Are Separate From Criminal DWI Charges
Depending on what happened, the State of Texas could bring a criminal DWI case to punish the driver. The injured person or family brings a civil claim to recover compensation. You may still have a civil case even if the driver was not arrested, the charge was reduced, or the criminal case was dismissed.
Proof of impairment can come from witness statements, officer observations, body-camera footage, 911 calls, crash evidence, toxicology records, bar receipts, surveillance video, and the driver’s statements.
Texas Dram Shop Liability
In some cases, the drunk driver is not the only possible defendant. Under Texas Alcoholic Beverage Code Chapter 2, an alcohol provider may be liable if it served a person who was obviously intoxicated to the extent that the person presented a clear danger to themselves and others, and the intoxication caused the damages.
This is why a fast investigation matters. Bar receipts, credit card records, surveillance video, employee schedules, witness statements, and security reports may disappear quickly. Known as a dram shop claim, these can be especially important when the drunk driver has low insurance limits or no insurance.
Punitive Damages in Texas Drunk Driving Cases
Texas law refers to punitive damages as “exemplary damages.” They are meant to punish especially dangerous conduct, not simply to repay the injured person for losses. Texas defines exemplary damages in Civil Practice and Remedies Code Section 41.001.
Exemplary damages are not automatic. In Texas, the claimant generally must prove by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence under Section 41.003. Evidence like a high blood alcohol level, prior DWI history, wrong-way driving, open containers, hit-and-run conduct, or extreme speeding may affect the punitive damages analysis.
Texas Two-Year Deadline
In most Texas personal injury cases, a lawsuit must be filed within two years from the date the claim accrues. Texas also applies a two-year deadline to wrongful death claims measured from the date of death. See Texas Civil Practice and Remedies Code Section 16.003.
Even when two years seems like enough time, waiting can hurt the case. Video, witness memories, bar records, toxicology evidence, phone data, and vehicle data can be lost. Early action helps preserve the proof needed to show intoxication, fault, damages, and the ability of a defendant to pay the victim damages.
How We Help After a Houston Drunk Driver Crash
When we handle a drunk-driving accident case, we work to:
- Investigate the driver and all available insurance coverage.
- Determine whether a bar, restaurant, or other business may share liability.
- Preserve police reports, video, toxicology reports, and witness evidence.
- Document the full extent of your injuries and future losses.
- Deal with the insurance company so you do not have to
- Prepare the case for trial if a fair settlement is not offered.
What Drunk Driving Experience Does The Baumgartner Law Firm Have?
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys. He is also a graduate of the prestigious Trial Lawyers College, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
Our team, working directly with Greg, will always seek to secure you the maximum possible compensation and damages. We are an award-winning, no-win, no-fee law firm serving all of Texas.
What Should You Do After a Drunk Driver Hits You?
The steps you take right after a car accident with an intoxicated driver can make or break your case. Here is exactly what to do:
- Call 911 immediately. Tell the dispatcher you were hit by a driver who appears to be drunk.
- Tell the responding officer you believe the driver is intoxicated. Ask that sobriety tests be performed.
- Get witness contact information. Collect full names and phone numbers from anyone who saw the accident.
- Take photos and videos. Capture damage to all vehicles, the crash scene, skid marks, and your visible injuries.
- Seek medical care right away. Go to an ER or urgent care clinic, even if you feel okay. Some injuries appear hours or days later.
- Contact a Houston drunk driving accident lawyer. Call the Baumgartner Law Firm on (281) 587-1111 before agreeing to anything.
- Do not speak to the other driver’s insurance company before getting legal advice. Adjusters will call quickly. Say nothing without first consulting an attorney. You could put any hope of a fair settlement at risk if you say anything contrary to what happened, which could happen in a state of confusion and shock.
Contact an experienced drunk driving accident lawyer in Houston for a FREE CONSULTATION. (281) 587-1111
(281) 587-1111
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Speak With a Houston Drunk Driving Accident Lawyer Today
If you were injured by a drunk driver in Houston or Harris County, act now to protect your rights. Let us investigate your crash, explain your options, and aggressively pursue compensation from all responsible parties.
Call Now (281) 587-1111 to discuss how we can help with your accident with a drunk driver.
Recent Houston Drunk Driving Accident Case Results
Client Wins a $5 Million Settlement.
Fatal Accident $6,000,000 Settlement
Minor Injury DWI Injury Case Settlement $80,000
Passengers Injured Driver Not Charged – Settlement $625,000
See more results from drunk driving accident cases!
Houston Drunk Driver Accident Review
Overall rating: ★★★★★
“My car was hit by a drunk driver nearly killing me. The driver then tried to leave the scene after leaving me in a coma. Greg Baumgartner was a big part of my recovery. He and his team made sure that I was taken care of and there was no way for the drunk driver to run from what he had done. He helped me heal by letting me concentrate on my recovery, finding me great doctors and handled all of the headache of the settlement. He got me more than I imagined possible to combat the medical bills piling up and the settlement has helped me these past years. My settlement will continue to help me for years to come. Even though the case has been settled he has kept in contact showing that he is truly concerned about his clients. He is a great lawyer and remains a great friend to this day. I would recommend him to anyone who is in need of help.”
Great Lawyer, New Friend | Client TR
Contact the attorney in Houston with decades of expertise and a proven track record of winning maximum compensation in DWI accident cases.
The Drunk Driver
The driver who hit you is legally responsible for the harm they caused. Texas law allows victims to seek both compensatory and punitive damages from a drunk driver. Punitive damages are meant to punish reckless behavior. Driving drunk is reckless.
Bars, Restaurants, and Clubs: Texas Dram Shop Law
Texas Dram Shop law holds bars and restaurants liable when they serve alcohol to someone who is visibly drunk. If the drunk driver was over-served at a bar before hitting you, that bar may share liability.
The bar’s insurance policy can significantly enhance your claim. Most attorneys skip this step. We never do. Social hosts who serve alcohol to minors can also be held liable under Texas law.
Employers and Vehicle Owners
If a company lets an employee drive a vehicle they own or lease after drinking, the employer may be liable. This is known as negligent entrustment. We have won cases against employers who knowingly allowed unsafe drivers to operate company vehicles.
What Injuries Typically Occur in Drunk Driving Accidents?
One of the reasons that drunk driver accidents are so awful is that there is such a range of injuries that could happen. This includes, but is not limited to:
- Bone fractures
- Spinal cord damage and injuries
- Muscle injuries
- Traumatic brain injuries
- Pain and suffering
- Emotional trauma (including post-traumatic stress disorder (PTSD))
- Disfigurement and physical damage
- Embarrassment and fear
- And in worst-case scenarios, wrongful death.
What Compensation Can You Recover?
Texas law allows you to seek full compensation for all your losses in DWI and DUI cases. There is no cap on actual damages in personal injury cases.
Economic Damages
- Medical bills (before any claim was settled, and factoring in future medical costs if an injury is going to have lifelong consequences)
- Hospital and emergency room costs (A&E and ambulance costs, too)
- Surgery, therapy, and rehabilitation
- Prescription medications and medical equipment
- Chiropractor costs
- Any home renovations to make a property accessible for an injured victim
- Lost wages and income, including any bonuses and commissions you could have earned
- Reduced earning capacity if you cannot return to your prior work
Non-Economic Damages
- Pain and suffering
- Mental anguish and emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Punitive damages
Punitive Damages in Drunk Driving Cases
Drunk driving cases are unique. Courts can award punitive damages on top of your regular compensation. These damages punish the drunk driver for their reckless behavior.
Insurance policies in Texas sometimes exclude punitive damages. However, the threat of punitive damages against the drunk driver pushes insurers to offer higher settlements to avoid trial.
We have recovered millions of dollars in punitive damages for Houston victims.
Did you know? Drunk driving settlements in Texas are typically much higher than standard car accident claims. The reckless nature of the offense, combined with the risk of punitive damages, gives our lawyers powerful leverage at the negotiating table.
What If the Drunk Driver Was Not Arrested or is At-Fault But Has No Insurance?
Many injury victims assume they do not have a case unless the drunk driver was arrested or convicted. That is not true. A civil injury claim is separate from a criminal DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) case. You may still be able to recover compensation even if the driver was never arrested, was not convicted, or the criminal case was reduced or dismissed.
The question in your injury claim is whether the evidence shows the driver’s negligence caused the crash and your injuries. Evidence of impairment may come from many sources, including:
- Witness observations
- Police reports
- Body-camera footage
- Toxicology testing
- Admissions by the driver
- Crash facts, like damage done to the vehicle, yourself, or anything surrounding it
- Evidence showing where the driver had been drinking before the car crash.
Insurance coverage issues also come up often in drunk-driving cases. Some impaired drivers carry only minimum coverage, and some intoxicated drivers have no insurance. Always look to file a claim under your uninsured motorist coverage.
A thorough investigation should consider every available path to compensation. Unlike other insurance firms, we don’t end the case at the first policy limit.
How Our Houston DWI Accident Lawyers Win Maximum Compensation
Building a strong drunk-driving injury case takes more than proving the other driver made a terrible decision. It requires a rapid investigation, careful preservation of evidence, and a clear strategy for demonstrating how the crash occurred, who may be responsible, and what the case is truly worth.
In many cases, the evidence that strengthens the claim is available early but not forever. That is why we move quickly. Here is what we do:
- Gather and preserve important evidence.
- Find out where the driver got drunk.
- Investigate your case and find witnesses.
- Ensure you receive the medical assistance you need.
- Consult with expert witnesses if necessary.
- Build a strong case.
- Handle all communications and negotiations with the insurance company or adjuster.
- We are not afraid to go to trial.
We will also hire expert witnesses, such as toxicology, dram shop experts, life care planners, and accident reconstruction experts, to prove your case or show the extent of your injuries and damages. We cover the cost of retaining expert witnesses and reimburse those expenses only if we win your case.
Most DWI or DUI injury lawsuits settle before trial. Numerous studies of Texas jury verdicts show that people in Texas dislike drunk drivers.
Our Houston DUI accident lawyer is dedicated to supporting you throughout this process and working hard to secure fair compensation for your injuries.
We invite you to call us at (281) 587-1111 for a free consultation to help you move forward.
What Does It Cost to Hire a Drunk Driving Accident Attorney in Houston?
We are a no-win, no-fee law firm. We handle every case on a contingency fee, so you pay nothing upfront. We cover all claim and litigation costs and only get paid—33% to 40% of your recovery—if we win. All fees and expenses are reimbursed from the settlement or recovery.
Why Choose Baumgartner Law Firm for a Houston Drunk-Driving Accident Case
Choosing the right lawyer after a drunk-driving crash is about more than finding someone who handles car accident claims. These cases often involve severe injuries, disputed insurance issues, questions of punitive damages, and, in some cases, claims against bars, restaurants, or other third parties.
You need a law firm that knows how to investigate serious cases, preserve evidence quickly, and prepare for the possibility that the insurance company will not offer fair compensation.
At Baumgartner Law Firm, we focus on serious injury and wrongful death cases. For decades, we have represented people and families who have suffered life-changing harm caused by negligence. That experience matters in drunk-driving accident cases because the injuries are often significant, the damages can be substantial, and the defense may fight hard to reduce what it pays.
We believe personal attention matters. When someone is seriously hurt, they should not feel like just another file in a high-volume system. We limit the number of cases we take so we can give clients direct access, close guidance, and the level of preparation serious injury claims require.
We always prepare cases with a trial in mind. Insurance companies know which law firms are willing to do the work necessary to take a case beyond basic settlement negotiations. When a drunk driver causes catastrophic harm, or when a business may share responsibility for overserving an obviously intoxicated person, thorough preparation is essential.
We work to build claims that are ready for negotiation, litigation, or trial, as justice requires.
If you contact us after a drunk-driving crash, we can review what happened, explain your options, and help you understand what compensation may be available. We offer free consultations, and there is no fee unless we recover compensation on your behalf.
“I know what’s at stake when a drunk driver shatters someone’s life. For decades, I’ve stood beside drunk driver victims in Houston and fought hard to get them the compensation they need to move forward. That commitment is personal — and so is every case I take.”
Let’s talk. Call me for your free consultation: (281) 587-1111. Greg Baumgartner
How Much Is a Houston Drunk Driving Accident Case Worth?
If you’ve been hurt by a drunk driver, you may be able to recover much more compensation than in other car accident injury cases. Juries in Harris County often recognize the seriousness of these incidents and award higher amounts when drunk drivers are involved.
Because of the reckless behavior, settlements handled by a top Houston drunk driving accident lawyer are often higher than those in typical car accidents.
You may also be able to seek punitive damages, helping to hold the responsible party accountable for the harm they’ve caused.
If you’ve been injured by a drunk driver, contact an experienced personal injury attorney in Houston to protect your rights and maximize your potential recovery.
In car accident lawsuits, the severity of injuries, clear evidence of negligence, and whether the at-fault driver was intoxicated can all influence the settlement amount, directly impacting the recovery process for victims.
How Our Houston DWI Accident Lawyers Win Maximum Compensation
Building a strong drunk-driving injury case takes more than proving the other driver made a terrible decision. It requires fast investigation, careful evidence preservation, and a clear strategy for showing how the crash happened, who may be responsible, and what the case is truly worth. In many cases, the evidence that makes the claim stronger is available early, but not forever. That is why we move quickly. Here is what we do:
- Gather and preserve important evidence.
- Find out where the driver got drunk.
- Investigate your case and find witnesses.
- Ensure you receive the medical assistance you need.
- Consult with expert witnesses if necessary.
- Build a strong case.
- Handle all communications and negotiations with the insurance company or adjuster.
- We are not afraid to go to trial.
I know what’s at stake when a drunk driver shatters someone’s life. For decades, I’ve stood beside victims in Houston and fought hard to get them the compensation they need to move forward. That commitment is personal — and so is every case I take.
Let’s talk. Call me for your free consultation: (281) 587-1111. Greg Baumgartner
Recent Houston Drunk Driving Accident Statistics
Houston has one of the highest rates of DWI and DUI crashes in the state of Texas. Here are the most recent numbers for Harris County:
| 3,357 | DUI-related crashes in Harris County in 2024 (the year with the most recent data) — the highest of any county in Texas |
| 165 | People killed by drunk drivers in Harris County in 2024 |
| ~1,900 | People injured in DWI crashes in Harris County in 2024 |
| 0.08% BAC | Legal limit for adult drivers in Texas (0.04% for commercial drivers; zero tolerance for under 21) |
These numbers are not just statistics. Each one represents a real person whose life was upended or even ended by someone who chose to drive drunk. If you or a loved one is one of these victims, you have the right to pursue full compensation.
Where Drunk Driving Accidents Happen in Houston
Drunk driving crashes in Houston are not random. According to the Texas Department of Transportation (TxDOT), alcohol is a significant factor in a high percentage of fatal accidents.
Crash records and Harris County law enforcement data show DWI injuries and fatalities concentrate on a handful of corridors and time windows. We can help you across the state. Here is where most alcohol related incidents occur:
I-45 — both the Gulf Freeway and North Freeway — consistently ranks among the most dangerous highways in the country for fatal crashes per mile.
I-10 West draws late-night DWI traffic from Downtown and the Galleria
Loop 610 / US-59 interchange in the Galleria area remains one of the city’s most structurally chaotic driving environments.
In North Houston, FM 1960 combines 50 mph surface-road speeds with dense bar and restaurant corridors.
Beltway 8 is a documented crash cluster at multiple interchanges, particularly at the Bissonnet junction in Southwest Houston.
The deadliest window is midnight to 3 a.m. on Friday and Saturday nights — when Houston’s bar districts empty onto the freeway system. Most drunk drivers got drunk somewhere nearby first.
Under the Texas Dram Shop Act, the bar that overserved them may share liability for your injuries and will always carry its own insurance policy. Bar surveillance footage is typically deleted within 30 days. Call us before this vital evidence disappears.
Call an Award-Winning Houston Drunk Driving Accident Attorney for Help
Talk with a top-rated Drunk Driving accident lawyer by calling (281) 587-1111.
Fill out an online consultation request for a FREE consultation.
Yes, if a drunk driver caused your crash, you have the right to file a personal injury claim against them. You may be entitled to compensation for medical bills, lost wages, pain and suffering, and more. An experienced Houston car accident attorney can help you build a strong case.
Do these three things first:
- Call 911 immediately
- Seek medical attention
- Make sure a police report is filed at the scene (including drink driver testing).
Document everything you can (photos, witness details, and any evidence of the driver's intoxication). Then contact a personal injury attorney as soon as possible to protect your rights.
In Texas, you have a maximum of two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can mean losing your right to compensation entirely. It's important to speak with an attorney early so evidence is preserved and your claim is filed on time.
Yes, the good news is that a criminal arrest is not needed for you to pursue a civil personal injury claim. Civil and criminal cases operate under different legal standards. The drunk driver can still be held financially liable even without a conviction.
Also, yes, because civil liability is determined independently of criminal proceedings. So, the outcome of a police investigation doesn't dictate your right to compensation. A skilled attorney can help you recover damages regardless of whether charges were filed.
Yes, under Texas's Dram Shop Act, any establishment that serves alcohol to an already visibly intoxicated person can be held liable for any resulting damages. If a bar or restaurant overserved the driver before your crash, you may have a claim against them in addition to the driver.
What Are The Main Causes of Drunk Driving Accidents in Houston, Texas?
Drunk driving accidents can happen for numerous reasons. But the main one is that the person driving is impaired because they’ve drunk more alcohol before getting behind the wheel, which is irresponsible and dangerous.
Contributing factors to drunk driving accidents include but aren’t limited to:
- Visual impairment
- Slower reflexes
- Impaired mental abilities
- Driving at night
- Driving too fast for the road conditions
- Failing to see stop signs or traffic lights
- Failing to see other road users, vehicles, or pedestrians
Whatever the mitigating factors, if a driver has a blood alcohol concentration (BAC) of 0.08% or higher, they’re legally classified as driving drunk.
We understand that being hurt by a drunk driver can be overwhelming. Taking the right steps after an accident is important for securing the compensation you deserve. The Baumgartner Law Firm is here to listen and provide guidance—call us for a free, no-obligation consultation about your Houston drunk driving injury case at (281) 587-1111.
Here’s What Our Drunk Driving Accident Clients are Saying
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Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
Texas Drunk Driving Infographic
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