Legally Reviewed by Greg Baumgartner | Updated July 16, 2026






A drunk driver changed your life in seconds. Now you are facing medical bills, missed work, and calls from an insurance adjuster who wants you to settle fast. You do not have to handle any of it alone.
Greg Baumgartner has represented people hurt by drunk drivers in Houston since 1985. Our firm moves quickly to preserve evidence, find out where the driver got the alcohol, and identify every insurance policy that may apply — including the bar’s. You focus on healing. We handle the rest.
Call (281) 587-1111 for a free consultation, or contact us online. You pay nothing unless we win.
Most Houston car accident cases come down to one driver’s negligence and one insurance policy. A drunk driving case usually involves more: police video, breath or blood tests, bar receipts, surveillance footage, and sometimes several defendants and insurance policies.
Juries in Harris County also treat these cases differently. People here are angry about drunk driving, and that anger shows up in verdicts. Insurance companies know it. That gives an injured person real leverage — but only if the evidence is preserved and the case is built properly from the start.
The driver who hit you is responsible for the harm they caused. You can seek compensation for your losses, and in many DWI cases you can also seek punitive damages to punish the driver’s reckless choice. Our Houston punitive damages lawyers evaluate this in every drunk driving case we take.
Most drunk drivers got drunk somewhere nearby first. Under Chapter 2 of the Texas Alcoholic Beverage Code, a business can be liable if it served alcohol to someone who was obviously intoxicated and a clear danger, and that intoxication caused the crash. This is called a dram shop claim, and it matters most when the driver carries little or no insurance — the bar’s policy may be the only real source of recovery.
These claims depend on evidence that vanishes fast: receipts, credit card records, employee schedules, and surveillance video that is often deleted within 30 days. Our Houston dram shop liability lawyers investigate the alcohol source in every case. Many firms skip this step. We never do.
If a company let an employee drive a work vehicle after drinking, or an owner handed keys to someone they knew was unsafe, they may share responsibility. This is called negligent entrustment, and we have won cases built on it.
The State of Texas may prosecute the driver for DWI. That case punishes the driver — it does not pay your medical bills. Your civil claim is what recovers money for your losses, and it stands on its own. You can win your case even if the driver was never arrested, the charge was reduced, or the criminal case was dismissed. (Curious about the difference between the criminal charges? See our guide to DWI vs. DUI in Texas.)
Texas calls these “exemplary damages.” They punish especially dangerous conduct instead of just repaying your losses. Under Texas Civil Practice & Remedies Code Section 41.003, you must prove gross negligence by clear and convincing evidence. Facts like a very high blood alcohol level, prior DWIs, wrong-way driving, or leaving the scene all strengthen a punitive damages claim — and the threat of that claim pushes insurers to offer more.
Under Texas Civil Practice & Remedies Code Section 16.003, most injury lawsuits must be filed within two years. Wrongful death claims also have a two-year deadline, measured from the date of death. Two years sounds like plenty of time. It is not. Video gets erased, witnesses move, and toxicology records get harder to obtain. The sooner the investigation starts, the stronger your case.
The steps are similar to any serious crash — we cover the basics in our guide on what to do after a Houston accident — but in a DWI case, the intoxication evidence makes timing critical. Here is what to do:
Texas puts no cap on actual damages in a personal injury case. Depending on your injuries, you may recover:
Severe crashes can cause traumatic brain injuries or other catastrophic injuries that require lifelong care. Valuing those future needs correctly is one of the most important things an experienced lawyer does. For a realistic look at case value, see our guides on what affects a Houston car accident settlement and average settlements in drunk driver cases.
You may still have a strong case. A civil claim only requires proof that the driver’s negligence caused the crash. That proof can come from witnesses, the police report, body camera footage, 911 calls, toxicology records, or the driver’s own statements. One of our clients recovered $625,000 even though the driver was never arrested and no alcohol test was done.
Insurance is often the bigger problem. Many drunk drivers carry minimum coverage or none at all. When that happens, we look at every other path: your own uninsured motorist coverage, a dram shop claim against the bar, or an employer’s policy. We do not stop at the first policy limit.
Harris County leads Texas in alcohol-related crashes, according to Texas Department of Transportation crash data:
3,357 | DUI-related crashes in Harris County in 2024 — the most of any Texas county |
165 | People killed by drunk drivers in Harris County in 2024 |
~1,900 | People injured in Harris County DWI crashes in 2024 |
0.08% BAC | Legal limit for adult drivers in Texas (0.04% for commercial drivers; zero tolerance under 21) |
These crashes cluster on a handful of corridors, especially after bars close on Friday and Saturday nights. We regularly investigate DWI wrecks on I-45 (both the Gulf and North Freeways), I-10 West, the 610/US-59 interchange near the Galleria, FM 1960, and Beltway 8. Knowing these roads — which businesses have cameras, where the bar districts empty onto the freeway — helps us find evidence other firms miss.
Every case is different, and past results do not guarantee future outcomes. See more of our case results.
Greg Baumgartner founded the Baumgartner Law Firm in 1985 and has spent 40+ years representing seriously injured people — never insurance companies. He holds two law degrees, a distinction earned by fewer than 1% of attorneys, and is a graduate of the Trial Lawyers College. He has been recognized by Super Lawyers, the Top 100 Trial Lawyers, and Martindale-Hubbell’s highest peer rating.
Just as important: we limit the number of cases we take. You work directly with Greg, not a case manager. We prepare every case as if it will go to trial, because insurance companies pay more when they know a firm will actually try the case. And we hire the experts serious cases need — toxicologists, accident reconstruction experts, life care planners — at our expense, reimbursed only if we win.
“I know what’s at stake when a drunk driver shatters someone’s life. I’ve stood beside victims in Houston for decades, and every case I take is personal.” — Greg Baumgartner
Don’t just take our word for it — read what our clients say about working with us.
Nothing up front. We work on a contingency fee: we advance all case costs, and we only get paid 33% to 40% of the recovery — if we win. If there is no recovery, you owe us nothing.
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If a drunk driver hurt you or took someone you love in Houston, Harris County, or anywhere in Southeast Texas, we are ready to help. The consultation is free, the advice is straight, and there is no fee unless we win.
Call (281) 587-1111 or request your free consultation online.
Baumgartner Law Firm — 6711 Cypress Creek Pkwy, Houston, Texas 77069
Yes. If a drunk driver caused your injuries, you could file a civil claim for your medical bills, lost income, pain and suffering, and more.
Yes. The civil case and the criminal case are separate, with different standards of proof. A driver can be held financially responsible even without an arrest or conviction.
Yes. Under the Texas Dram Shop Act, a business that serves alcohol to an obviously intoxicated person can be held liable for the harm that follows. Learn more from our dram shop liability lawyers.
Two years from the date of the crash for injury claims, and two years from the date of death for wrongful death claims. Waiting costs, you evidence, so talk to a lawyer early.
You may recover through your own uninsured motorist coverage, a dram shop claim against the bar that over-served the driver, or an employer’s policy if the driver was working. We investigate every option.
Nothing. Consultations are free, and we charge no fee unless we recover money for you.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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We will respond as soon as possible. For immediate help, call us directly at (281) 587-1111.