Houston Drunk Driving Accident Lawyer
Experience You Can Trust When It Matters Most
Legally Reviewed by Greg Baumgartner | Updated April 10, 2026.
If a drunk driver injured you or a family member in Houston, you may have a claim for more than just vehicle damage and medical bills. Drunk-driving crash cases often involve serious injuries, strong liability evidence, and claims against additional parties who may share responsibility—for example, a bar, restaurant, or business that unlawfully served alcohol to the driver. In Texas, an alcohol provider can be liable for serving an obviously intoxicated person who poses a clear danger to themselves or others.
At Baumgartner Law Firm, we help people injured by drunk drivers seek full compensation under Texas law. This may cover medical bills, lost income, pain and suffering, impairment, disfigurement, and, in some cases, punitive damages for especially reckless conduct.
A Houston drunk driving accident lawyer should do more than file a claim. Your attorney should move quickly to preserve evidence, find all insurance sources, check where the driver was drinking, and shield you from insurance tactics. In these cases, acting early matters. Police records, witness statements, surveillance footage, crash evidence, toxicology reports, and bar receipts may not last forever.
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.
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 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 video. 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 Baumgartner Law Firm before agreeing to anything.
- Do not speak to the other driver’s insurance. company. Adjusters will call quickly. Say nothing without first consulting an attorney.
Contact an experienced drunk driving accident lawyer in Houston for a FREE CONSULTATION. (281) 587-1111
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(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 or Schedule a Free Case Consultation to discuss how we can help with your accident with a drunk driver.
Recent Houston DWI 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
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Who Can Be Held Liable After a Houston DWI Accident?
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 — and 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. This matters because the bar’s insurance policy can add significant coverage to 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 its vehicle 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 Compensation Can You Recover?
Texas law allows you to seek full compensation for all your losses. There is no cap on actual damages in personal injury cases.
Economic Damages
- Medical bills — past and future
- Hospital and emergency room costs
- Surgery, therapy, and rehabilitation
- Prescription medications and medical equipment
- Lost wages and income
- 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 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 Had 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 DWI 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, and evidence showing where the driver had been drinking before the wreck.
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 rather than ending the case at the first policy limit.
That is one reason early legal help matters. The sooner a lawyer investigates the crash, the better the chance of preserving evidence, finding additional coverage, and building a stronger claim before important information disappears.
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 talks and negotiations with the insurance company. or insurance adjuster
- We are Not Afraid to Go to Trail
What Does It Cost to Hire a Drunk Driving Accident Attorney in Houston?
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, punitive-damages questions, and in some situations 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 dealing with 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. Our approach is selective. 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. That means we can focus on the details that often make the biggest difference, including preserving evidence, identifying all liable parties, and presenting the full value of the claim.
We also prepare cases with 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, depending on what 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 for you.
The difference isn’t just experience—it’s results. Our Houston drunk driving accident lawyer has been maximizing victims’ compensation in driving accident cases for decades.
Call for your free consultation: (281) 587-1111
How Much Is a Houston Drunk Driving Accident Case Worth?
Houston Drunk Driving Accident Statistics
Houston has one of the highest rates of DWI 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 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 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 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. If you have been injured by an impaired driver, Baumgartner Law Firm can help regardless of where the crash occurred. 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, while the 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 interchange points, particularly 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 carry its own insurance policy. Bar surveillance footage is typically deleted within 30 days. Call us before it disappears.
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Attorney in Houston for Help
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Houston Drunk Driving Accident FAQs
Can I Sue a Drunk Driver After a Crash in Houston?
Yes. If a drunk driver caused your injuries, you may file a civil claim for your losses. Your case is separate from any criminal DWI case, so you may still have a valid injury claim even if the driver was not convicted.
What Should I Do Immediately After Being Hit by a Drunk Driver in Houston?
After a car accident in Texas, you are legally required to stop at the scene of the accident. We recommend you always report the accident to the police. We also recommend that you document the scene by using your phone to take pictures and video of the damage and the crash site. You should obtain contact information from any witness. Call an experienced car accident lawyer near you.
How Long Do I Have to File a Lawsuit Against an Intoxicated Driver in Texas?
Texas has a statute of limitations that requires you to file a lawsuit within two years from the date of the accident to preserve your rights. However, do not wait if a drunk driver has injured you; act quickly and contact an experienced injury attorney as soon as you can.
Can I Sue if the Drunk Driver Wasn't Arrested?
Yes, there are situations where, for one reason or another, a drinking driver is not arrested or not charged by the police. While this does not affect your right to sue, it can make proving intoxication more difficult.
Can I still recover compensation if the drunk driver was not arrested?
Yes. An arrest can help, but it is not required to bring a civil injury claim. Your case may still be proven through witness statements, police observations, crash evidence, video, admissions by the driver, and other facts showing impairment and fault.
Can a bar or restaurant be liable for a drunk-driving crash?
Sometimes. Texas dram shop law allows a claim against an alcohol provider in certain situations, including when alcohol was served to a person who was obviously intoxicated and presented a clear danger to themselves and others.
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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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