How much can I sue a drunk driver for in Texas?

Texas law does not place a cap on economic damages in personal injury or wrongful death cases involving drunk driving. Compensation may include medical expenses, pain and suffering, physical impairment, emotional distress, and future medical care. Punitive damages may also be available in certain cases but are limited under Texas law.

Does an arrest for DWI impact the compensation I can recover?

An arrest for driving while intoxicated can affect a civil injury claim. Evidence gathered during a DWI investigation may be relevant to liability and damages. In some cases, a related criminal case may delay civil proceedings, but the outcome of the criminal case is separate from a personal injury claim.

Can I recover punitive damages in a drunk driving accident case?

Under Texas law, courts may award punitive damages in personal injury cases involving gross negligence or reckless conduct, such as drunk driving. Punitive damages are intended to punish wrongful behavior and are subject to statutory limits.

How much is a DWI accident case worth in Houston?

The value of a drunk driving accident case in Houston depends on factors such as injury severity, available insurance coverage, and the circumstances of the crash. Cases involving minor injuries may resolve for lower amounts, while cases involving serious or permanent injuries may result in substantially higher compensation.

Can I sue if the drunk driver was not arrested?

Yes. A civil injury claim may still be pursued even if the drunk driver was not arrested or charged. However, proving intoxication may be more challenging without a criminal case or arrest.

Can I sue if I was a passenger in the drunk driver’s vehicle?

Yes. Passengers injured in drunk driving accidents may seek compensation. Texas follows proportionate responsibility rules, meaning compensation may be reduced if a passenger is found partially responsible, such as knowingly riding with an intoxicated driver.

FREE CONSULTATION

(281) 587-1111

Houston Drunk Driving Accident Lawyer

Experience You Can Trust When It Matters Most

get a free consultation

Did A Drunk Driver Injure You?

After a drunk driver injures you in Houston, your top priority should be recovering full compensation from all responsible parties. Baumgartner Law Firm stands out for over 40 years of experience, extensive trial success, and a focus on representing drunk-driving accident victims.

Our Houston DWI accident lawyers are recognized for securing numerous million-dollar-plus settlements for victims across Harris County. We use our experience to pursue lawsuits against drunk drivers and bars that over-serve them. If insurers do not offer a fair settlement, we will take your case to trial.

Call (281) 587-1111 for a free consultation with a top-rated Houston drunk driving accident attorney.

We focus on aggressive litigation, in-depth case analysis, and tailored legal strategies to hold drunk drivers accountable. Harris County juries have awarded our clients substantial verdicts, including punitive damages for reckless behavior.

Our Houston car accident attorneys have extensive experience handling complex cases and securing fair compensation for your rights.

Consulting our Houston personal injury firm gives you access to attorneys recognized for their trial experience and knowledge of Texas law, ensuring your rights are protected. We offer free consultations so clients can explore legal options, ask questions, and assess their case with no financial risk.

What to Do After a Drunk Driving Accident?

Take these steps after being hit by a drunk driver:

Call 911

Call emergency services, report the accident, and state that the driver appears intoxicated.

When the officer arrives,

Tell the officer you believe the driver is drunk.

Take photos

Photograph damage, the scene, injuries, and sobriety tests.

Get witness information

Record each witness’s full name and phone number.

Promptly seek medical care for any injuries.

See a doctor ASAP

Contact an experienced drunk driving accident lawyer.

Call Baumgartner Law Firm before talking to any insurance adjusters.

If police suspect intoxication, they’ll test sobriety. Test results help your case.

If the driver is arrested for DWI, your case is stronger. Insurers know Harris County juries dislike drunk drivers.

Contact an experienced drunk driving accident lawyer in Houston for a FREE CONSULTATION. (281) 587-1111

For a FREE Consultation Contact Us Today

"*" indicates required fields

ABOUT GREG BAUMGARTNER

Why Hire Us?

Why Houston Victims Choose Us:

40+ Years Fighting Drunk Drivers
Millions Recovered in Punitive Damages
10.0 AVVO Rating Perfect Score
Dual Law Degrees (Less than 1% of Attorneys)
Trial Lawyers College Graduate
Serving The Greater Houston Area
Super Lawyers, Many Years Running

Google Reviews: ⭐⭐⭐⭐⭐ 4.9/5

Never lost a drunk driving case since 1985
Recovered millions for injured Texans
We sue bars under Texas Dram Shop laws
You pay nothing unless we win

Call Now (281) 587-1111 or Schedule a Free Case Consultation.

More About Us

We Make Drunk Drivers Pay!

Compensation in Texas Drunk Driving Accident Injury Cases

When pursuing compensation in a drunk driving lawsuit, it’s critical to provide detailed medical reports from your physicians. These records evaluate the extent of your injuries and their impact on your daily life. Victims may experience chronic pain, spinal cord injuries, traumatic brain injuries, or other severe injuries, which can have lasting consequences and require continual medical care.

Importance of Your Medical Records

Our drunk driving accident lawyer in Houston will gather your medical and hospital bills, along with evidence of lost wages, as these documents factor into the compensation you may receive. In a car accident lawsuit, comprehensive medical documentation and clear details about your injuries are essential evidence for your claim.

Insurance Coverage

Another key factor is insurance coverage. Our Houston DUI collision lawyer will review your policy to identify additional coverage for your claim. Filing car accident claims can be complex, and experienced legal guidance is crucial to ensure every step is completed.

Punitive Damages

In drunk driving cases, you may also be awarded punitive damages as part of your accident claim. These additional payments are meant to penalize the drunk driver’s conduct, potentially increasing the value of your claim.

Compensation may also include personal injury damages, covering a range of losses and expenses related to your injuries.

Our top-rated personal injury lawyers in Houston have a strong record of helping drunk driving victims get the full compensation they deserve.

We Fight for Maximum Compensation

Our Houston personal injury attorneys are skilled in managing insurance claims and can help you obtain fair compensation from the insurer. After a collision, legal support is vital to defend your rights and optimize your recovery. Working with an experienced car accident lawyer can substantially influence your case outcome.

Compensation can address not only your financial losses but also the physical pain and suffering you have sustained as a result of the accident.

Contact us today to schedule a free consultation and let our experienced team start fighting for the compensation you deserve.

Types of Damages in Texas Drunk Driving Cases:

Pain and suffering
Medical expenses
Lost wages
Disfigurement
Permanent disability
Mental anguish

We also often seek punitive damages to punish drunk drivers in DWI accident cases.

Our Houston DWI accident lawyer is skilled at identifying other potentially responsible parties, such as bars or clubs, that may also be liable.

We have never lost a DWI motor vehicle accident case and have recovered millions for our clients hit by drunk drivers.

Recent Houston DWI Accident Case Results-

Client Wins a $5 Million Settlement.

Our client, while obeying traffic laws, was unexpectedly rear-ended by a drunk driver. This traumatic event caused severe injuries and months of difficult recovery. He endured the hardships of a traumatic brain injury, facing both physical and emotional challenges throughout his healing process. Despite the defense disputing the injuries, we stood by our client, advocating tirelessly for his full recovery and dignity. Our Houston auto accident lawyer was honored to secure justice and obtain the settlement our client needed.

The case was resolved just before the verdict in the trial.

Fatal Accident $6,000,000 Settlement

We represented the family in a fatal accident with a drunk driver. Policy limits were tendered before trial.

Minor Injury DWI Injury Case Settlement

Settlement $80,000

Our client was injured in an accident while riding with a drunk driver. Her medical bills totaled $2,282.14, and her injuries were minor.

Passengers Injured Driver Not Charged

We represented a husband and wife who, through no fault of their own, were passengers of a drunk driver. Despite their injuries, the driver was not arrested, and no alcohol testing was done. We were able to secure a $625,000 settlement to help support the family after this difficult experience.

Settlement $625,000

See more results!

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

FREE CONSULTATIONS

Contact the Undefeated Drunk Driving Accident Attorney in Houston with Decades of Expertise and a Proven Track Record

CALL NOW (281) 587-1111

When Our DUI Accident Lawyers in Houston Handle Your Case, We Will:

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
Take your case to court if needed.

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. Studies of Texas jury verdicts show 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 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 come from the settlement or recovery.

What Can I Do If the Drunk Driver Did Not Have Insurance?

Unfortunately, many drunk drivers do not have liability coverage for the accident. In this situation, you have a few options for paying for your injuries and damages:

If the drunk driver is insured, you may need to pursue compensation through the drunk driver’s insurance company. However, if the drunk driver is uninsured or underinsured, you may need to seek compensation through your own policy or explore other legal avenues.

What are the Consequences of Drunk Driving in Texas?

Texas law defines a drunk driving offense as having a blood alcohol content of .08 or more, or not having the normal use of your mental and physical faculties due to drug or alcohol use.

The legal blood alcohol concentration (BAC) limit in Texas is 0.08% for adult drivers, and exceeding this threshold can result in serious legal consequences.

Drunk driving in Texas carries serious criminal and civil consequences.

Criminal Charges

A Houston drunk driver may face criminal charges, civil lawsuits, substantial fines, jail time, and license suspension, reflecting the severity of these penalties.

Individuals charged with DUI or DWI may face significant fines, imprisonment, and license suspension. Penalties increase with prior offenses; a third DWI is typically classified as a felony and can result in prison time. These charges are intended to hold offenders accountable and deter future violations.

Fatal DWI Accidents

If a drunk driver causes a fatal accident, the legal and financial consequences increase significantly. Texas law allows for wrongful death lawsuits and may require the driver to provide financial support to surviving family members.

Exemplary Damages in Texas

In civil cases, a negligent driver responsible for a drunk driving accident may be liable for both actual and punitive damages.

Drunk driving crashes differ from other accidents because they may result in exemplary, or punitive, damages due to the reckless nature of the offense.

Although insurance may not cover punitive damages in Texas, drunk driving accident cases often have higher valuations because of the potential for significant jury verdicts.

Here's How We Win Maximum Compensation In Drunk Driving Accident Cases

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

Why Drunk Driving Settlements Are Higher Than Other Car Accident Injury Claims

If you’ve been hurt by a drunk driver, you may be able to recover 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 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.

Who Can We Hold Liable?

In every DWI crash case, the Baumgartner Law Firm legal team begins by identifying who is legally responsible for the injuries or wrongful death. Determining liability and fault is crucial for achieving a successful claim. We also evaluate whether other parties share responsibility for the injuries. Our drunk driving lawyers seek to identify all individuals or entities who may be at fault, including bars and clubs that may have overserved the intoxicated driver.

After a DWI injury accident, it is important to file an insurance claim quickly to seek compensation for your losses. Contact our attorneys today to aggressively pursue recovery from the drunk driver’s insurance and any other responsible parties. Let us hold them accountable and seek the damages you deserve.

Bars, Clubs, and Social Hosts- Dram Shop

In addition, Texas law can hold places that serve alcohol liable for injuries caused by drunk drivers whom they served. Bars, restaurants, and other alcohol sellers may be responsible if they serve minors or visibly intoxicated people. Social hosts who provide alcohol to minors can also be liable. For these third parties to be held accountable, the injuries must be a foreseeable result of the person's drunkenness. While these "dram shop" claims can be tough to win, our lawyers have a strong record of success in such cases. If you or a loved one has been harmed under these circumstances, contact us today to discuss your potential case and learn how we can help you pursue justice.

Employers and Others Negligently Entrusting the Vehicle

Liability can also extend to those who provide vehicles to drunk drivers. If you loan your car to a drunk driver, you might be held liable in a personal injury case. This is known as negligent entrustment. At Baumgartner Law Office, our DUI accident lawyer in Houston has won cases against employers who gave company cars to dangerous or drunk drivers. Consulting with an attorney can help determine when additional parties may be held responsible for losses in a Houston DUI accident.

Why Call the Police After an Accident If You Believe the Other Driver is Drunk?

Calling the police after an accident, especially if you think the other driver is drunk, is very important for several reasons:

Quick Response: Police officers can arrive quickly and perform tests such as field sobriety and breathalyzer tests to determine whether the driver is drunk.
Proof of Impairment: The police can gather evidence that proves the driver was impaired, which is crucial for building a strong case.
Arresting the Driver: If the police determine the driver is drunk, they can arrest them, preventing them from causing more harm on the road.
Legal Support: An arrest provides a solid legal basis for a DWI injury claim and can help you get the compensation you deserve.
Criminal Charges: Prosecutors can use the evidence gathered by the police to press charges against the impaired driver, supporting your case for financial recovery after the accident.

Calling the police ensures an official record of the driver’s impairment, which can be critical in criminal and civil proceedings.

Why You Should Get Medical Care After Being Hit by a Drunk Driver

Getting medical care after getting hit by a drunk driver is vital to your health, and receiving appropriate medical treatment and follow-up care is essential for supporting your legal claim for compensation after the injury. Here are some of the local Houston hospitals with 24-hour emergency rooms.

Houston Area Hospitals

Baumgartner Law Firm

Call an Award-Winning Drunk Driving Accident
Attorney in Houston 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.

Drunk Driving Statistics in Houston

Frequently Asked Questions

Houston Drunk Driving Accident FAQs

View More FAQ's

How Do I Report a Drunk Driver in Houston?

The Texas Department of Public Safety has established a special hotline for reporting a drunk driver. Call 1 (800) 525-5555 to report a suspected drunk driver or if you are stranded on the side of the road. In case of an auto accident, call 911 immediately for assistance.

Your call can be anonymous and may save a life. If you suspect a drunk driver- report it!

How Much Can I Sue a Drunk Driver For?

There are no limits on the amount of actual damages you can seek for personal injury or wrongful death in Texas.

Car accident victims may be entitled to compensation for medical expenses, emotional distress, physical impairment, and future medical care resulting from the accident.

Punitive damages are punishment damages that are limited by law in Texas. Contact Baumgartner Law Firm for a consultation about your rights and options after a DUI injury accident. Call us today at (281) 587-1111.

Does an Arrest for DWI Impact the Compensation I Can Get?

If the person who hit you is arrested for DWI, the odds of your case requiring a trial drop substantially. Insurance companies know how to minimize payouts in personal injury claims, so having a lawyer is essential. Harris County juries have little patience for drunk drivers. An arrest for DWI or intoxicated manslaughter often delays a civil case. The evidence gathered by the police can help enhance your damages when the criminal case is over.

While a lawsuit may be required to get the adjuster’s attention, most insurance companies understand the risks to them and their insured if a jury decides the case. Call Baumgartner Law Firm to maximize your injury accident compensation. (281) 587-1111.

Can I Get Punitive Damages in My Drunk Driving Accident Case?

Courts may award punitive damages in personal injury cases to punish wrongdoers. These damages are fitting for lawsuits against drunk drivers. Only reckless acts like drunk driving warrant punitive damages. Our law firm has won punitive damages in many cases against drunk drivers.

Should I Accept the Drunk Driver's Insurance Company's First Settlement Offer?

No. Insurance adjusters often contact victims within 24-48 hours, offering quick settlements—sometimes before you even know the full extent of your injuries. These initial offers are typically 10-20% of what your case is actually worth. Once you accept and sign a release, you cannot reopen your claim even if you discover serious injuries later. Always consult a drunk driving accident lawyer before accepting any settlement offer.

How Much is My DWI Accident Case Worth in Houston?

Car accident cases involving a drunk driver are worth more than a typical car accident not involving alcohol. How much your case is worth depends upon how much insurance coverage is available, how bad your injuries are, and who you hire to represent you in the case. For minor injuries and little medical bills, the settlement may be in the tens of thousands. For a serious injury with a lot of insurance, your case could be in the millions.

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.

What If I Was a Passenger in The Drunk Driver's Car? Can I Still Sue?

Yes. Even if you were riding with the drunk driver, you can still recover compensation. However, the defense may argue you share some fault if you knew the driver was intoxicated before getting in the vehicle. Texas law allows you to recover damages even if you're partially at fault, but your compensation may be reduced by your percentage of responsibility. We've successfully recovered huge settlements for passengers injured by drunk drivers they were riding with.

Drunk Driving Laws in Texas

Under Texas Penal Code § 49.04, a driver is considered legally intoxicated at these levels of Blood Alcohol Content (BAC):

08% BAC for adults 21+
04% BAC for commercial drivers
Any detectable amount for drivers under 21

Drivers can be charged with DWI charges if they exceed these limits. Criminal penalties vary by the charge and can be very severe for those who seriously injure or kill. The prison sentence for intoxicated manslaughter can be up to 20 years.

The two-year statute of limitations for civil claims runs from the accident date, not from when criminal charges are resolved. Don't wait to consult an attorney.

Complimentary DUI Accident Case Consultations

We understand that being hurt by a drunk driver can be overwhelming. Taking the right steps after an accident is important to help you secure 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.

testimonials

Here’s What Our Drunk Driving Accident Clients are Saying

“DEDICATED TO HELPING HIS CLIENTS AND GOING THE EXTRA MILE TO GET THINGS DONE” He is an attorney that is dedicated to helping his clients and going the extra mile to get things done. I would not hesitate to use him again and he is the only attorney that our family will use in the future. I honestly could not ever imagine such a great experience coming out of such an awful accident.

R. Alcorn

“I WOULD 100% RECOMMEND THE BAUMGARTNER LAW FIRM” I would 100% recommend the Baumgartner Law Firm to any friends and family who not only wanted to the best outcome but wanted a lawyer who listened and upheld the integrity of Law and client to attorney relationship.

S. Arnold

“BEST ATTORNEY IN THE WORLD!!!!!” Best Attorney in the World!!!!! I did not have a very high opinion of attorneys until I met Greg Baumgartner. He is the most decent and honest attorney I have ever dealt with.

K. Kaiyune

FREE CONSULTATION

Contact a Top-Rated Houston Drunk Driving Accident Lawyer For a Free Case Evaluation

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 law firm is dedicated to supporting crash victims in Harris County and Southeast Texas, and we have successfully helped many individuals and families affected by drunk driving crashes. Let us be there for you during this difficult time.

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111

Get Directions

LEARN ABOUT OUR FIRM

Related Resources

Schedule a FREE Case Evaluation Now!