Houston Drunk Driving Accident Lawyer

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Houston Drunk Driving Accident Lawyer - Greg Baumgartner

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.

Key Takeaways

  • A drunk driving injury claim is a civil case. It is separate from the criminal DWI case, and you can recover money even if the driver was never arrested or charged.
  • The driver may not be the only one responsible. Under Texas dram shop law, a bar or restaurant that over-served the driver can share liability.
  • Texas gives you two years to file suit, but key evidence — like bar surveillance video — can disappear within 30 days.
  • Drunk driving cases may support punitive damages, which often pushes settlements higher than ordinary car accident claims.
  • We have recovered millions for Houston DWI crash victims, including a $5 million brain injury settlement and a $6 million fatal accident settlement. See our case results.

Why a Drunk Driving Crash Is Not an Ordinary Car Accident

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.

Who Can Be Held Responsible?

The Drunk Driver

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.

The Bar or Restaurant That Over-Served Them

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.

An Employer or Vehicle Owner

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.

Texas Laws That Shape Your Claim

Your Civil Claim Is Separate From the Criminal Case

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.)

Punitive Damages

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.

The Two-Year Deadline

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.

Contact an experienced drunk driving accident lawyer in Houston for a FREE CONSULTATION.

Call us today

What Should You Do After a Drunk Driver Hits You?

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:

  1. Call 911. Tell the dispatcher you believe the other driver is drunk.
  2. Tell the responding officer what you saw — slurred speech, the smell of alcohol, open containers, stumbling — and ask that sobriety testing be done.
  3. Get names and phone numbers from witnesses.
  4. Take photos and video of the vehicles, the scene, skid marks, and your injuries.
  5. See a doctor right away, even if you feel okay. Some serious injuries show up hours or days later.
  6. Do not give the other driver’s insurance company a statement. Adjusters call fast, and anything you say in shock can be used against you.
  7. Call a Houston drunk driving accident lawyer before you agree to anything: (281) 587-1111.

What Compensation Can You Recover?

Texas puts no cap on actual damages in a personal injury case. Depending on your injuries, you may recover:

  • Medical bills — emergency care, surgery, therapy, medication, and future treatment
  • Lost wages and reduced ability to earn in the future
  • Pain, suffering, and mental anguish
  • Permanent disability or disfigurement
  • Punitive damages, where the evidence supports them

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.

What If the Driver Was Not Arrested — or Has No Insurance?

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.

Drunk Driving in Houston: The Local Picture

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.

Recent Results in Houston Drunk Driving Cases

  • $6,000,000 — Fatal accident settlement for a family who lost a loved one to a drunk driver; policy limits tendered before trial.
  • $5,000,000 — Settlement for a client who suffered a traumatic brain injury in a rear-end crash, resolved just before the punitive damages phase.
  • $625,000 — For a husband and wife injured as passengers; the driver was never arrested, and no alcohol testing was done.
  • $80,000 — For a passenger with soft tissue injuries and $2,282 in medical bills.

Every case is different, and past results do not guarantee future outcomes. See more of our case results.

Why Families Choose Baumgartner Law Firm

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.

What Does It Cost to Hire 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.

For a FREE Consultation Contact Us Today
(281) 587-1111

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Houston accident lawyer consultation- Greg Baumgartner

Speak With a Houston Drunk Driving Accident Lawyer Today

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

Frequently Asked Questions
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 could file a civil claim for your medical bills, lost income, pain and suffering, and more.

Can I still recover money if the driver was never arrested or charged?

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.

Can a bar be sued for a drunk driving crash?

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.

How long do I have to file?

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.

What if the drunk driver has no insurance?

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.

What will it cost me to talk to you?

Nothing. Consultations are free, and we charge no fee unless we recover money for you.

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Here’s What Our Clients are Saying

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Call to Talk with Greg About Your Accident

If you or a loved one has been hurt in a crash, our Houston injury attorney is here to help. We invite you to contact us for a free, no-obligation initial consultation. Our Houston injury law firm is dedicated to supporting DWI crash victims in Harris County and Southeast Texas, and we have successfully helped many individuals and families affected by fatal drunk driving crashes. Let our car accident lawyers in Houston be there for you during this difficult time.
Baumgartner Law Firm located at 6711 Cypress Creek Pkwy, Houston, TX, 77069

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