Legal Options After Being Hit by a Drunk Driver in Texas

Hit by a Drunk Driver in Houston? Call the Adley Firm Today

If You’ve Been Injured, Kevin Adley Will Fight for the Compensation You Deserve

Drunk driving is a serious problem in Texas. Each year, over 1,000 people are killed in car crashes involving impaired drivers statewide. Roughly 37% of all traffic fatalities​involve an impaired driver. Houston and Harris County consistently ranks among the worst areas for drunk driving crashes​. If you or a loved one has been hit by a drunk driver in the Houston area, you’re not alone – and you have the right to seek justice against the responsible party.

Our experienced Houston drunk driving accident lawyers at the Adley Law Firm have helped thousands of Texans and recovered millions of dollars for injured clients. We offer free consultations, bilingual service (English & Spanish), and a contingency fee policy – so you pay nothing unless we win. Don’t let a drunk driver’s reckless actions derail your future. Let our team fight for the compensation you deserve.

Steps to Take After a Drunk Driving Accident

In the chaotic moments after a drunk driver hits your car, it’s important to stay calm and take the right steps to protect your health and your legal rights. Here are the critical steps to follow after a drunk driving crash in Houston:

1. Call 911 immediately. Report the accident and let the operator know the other driver may be intoxicated. Police need to arrive to secure the scene and document the drunk driver’s condition. Do not try to confront the driver yourself – let the officers handle them. An officer’s accident report and any breath or blood tests will be key evidence of the driver’s intoxication. Also request medical assistance for anyone who is injured.
2. Seek medical attention. If you are seriously hurt, this is the top priority. Even if injuries seem minor, get a medical evaluation as soon as possible. Adrenaline can mask pain, and some injuries aren’t immediately obvious. Medical records also create an important link between the crash and your injuries.
3. Gather evidence (if safe to do so). If you are able, collect evidence at the scene. Take photos of vehicle damage, skid marks, and any visible injuries. Try to photograph the other car’s license plate and any signs of alcohol (e.g. open beer cans or bottles). If the driver appears drunk, video footage can capture slurred speech or unsteady movement. Drunk drivers sometimes attempt to flee the scene, so documenting details quickly is important. If there are eyewitnesses, try to get their names and contact information before they leave – their testimony about the crash or the other driver’s behavior can be very valuable later.
4. Notify your insurance company. Texas law requires you to report accidents to your insurer promptly. When you do, just give the basic facts of what happened. Do not give a recorded statement or sign any settlement offer from any insurance company (yours or the drunk driver’s) before consulting an attorney.
5. Contact a drunk driving accident lawyer. As soon as possible, reach out to an experienced personal injury lawyer. An attorney will guide you through protecting your rights, handle all communications with insurers, and start investigating (gathering the police report, witness statements, etc.). Early legal help can significantly improve the outcome of your claim.

Can I Sue a Drunk Driver Who Hit Me?

Yes. If you were injured by a drunk driver, you have the right to file a personal injury lawsuit against them. In Texas, driving while intoxicated (DWI) is a crime, but it also makes the driver civilly liable for the harm they cause. You can sue the drunk driver for damages to cover your medical bills, lost income, pain and suffering, and other losses. It doesn’t matter if the driver is facing criminal DWI charges or not – your civil claim is separate from the criminal case.

Note: The drunk driver’s criminal DWI case is entirely separate from your civil lawsuit. The criminal case may put the driver in jail or impose fines, but it won’t pay for your medical bills or other damages. Only a civil claim can compensate you. You can pursue a civil claim regardless of the criminal outcome – even if the driver isn’t convicted, you still have the right to seek damages. On the other hand, if the driver is convicted of DWI, that can serve as powerful evidence of their negligence in your civil case.

Suing a drunk driver typically falls under the legal theory of negligence (often proven through negligence per se, since driving drunk violates Texas law). In practice, this means the driver breached their duty to drive safely by driving intoxicated, and that careless choice caused your injuries. Your attorney will gather evidence of the driver’s impairment – such as the police report, breathalyzer or blood test results, and witness statements – to build a strong case. With clear proof of drunk driving, the at-fault driver’s insurance company will be under pressure to settle. However, insurers may still try to minimize the payout, so having a lawyer to advocate for your full

compensation is crucial.

Compensation for Being Hit by a Drunk Driver

After a serious accident, one of the biggest questions is what kinds of compensation you can recover from the at-fault party. As a victim of a drunk driver, Texas law allows you to seek damages for a wide range of losses – both your financial costs and the personal impact on your life. In a drunk driver compensation claim, you may be entitled to:

• Medical expenses: All past and future medical costs related to your injuries – including emergency care, hospital bills, surgery, medication, rehabilitation, and any required ongoing treatment.
• Lost wages and earning capacity: Income you lost while unable to work, as well as the reduction in your ability to earn in the future if your injuries cause long-term limitations or disability.
• Pain and suffering: Compensation for the physical pain, discomfort, and emotional distress you’ve endured because of the accident and your injuries. This includes mental anguish, trauma, and loss of enjoyment of life.
• Punitive damages: In cases of extreme negligence – like drunk driving – Texas courts may award punitive damages. These are extra damages intended to punish the wrongdoer and deter similar behavior in the future. Not every case involves punitive damages, but a drunk driver’s conduct can warrant them.

Every accident case is unique, and the exact value of your claim will depend on factors such as the severity of your injuries, the clarity of the evidence against the drunk driver, and the i

nsurance policy limits available. Texas juries (and insurance adjusters) tend to view drunk drivers very unfavorably, which can strengthen your position when negotiating a settlement. Still, insurance companies often attempt to minimize payouts by arguing that your injuries aren’t as severe as claimed or by pointing to pre-existing conditions. This is why having a skilled attorney on your side is so important – we will thoroughly document all of your losses and fight for the maximum compensation you deserve.

What is the Average Settlement for a Drunk Driver Accident?

One common question is how much settlement to expect after being hit by or rear-ended by a drunk driver. There is no fixed value, as every case depends on factors like injury severity and insurance coverage. Some estimates put the average car accident settlement in Texas around $15,000–$30,000​, but drunk driver cases frequently exceed those averages when serious harm is involved – especially since punitive damages may apply to punish the drunk driver. Drunk driving accidents often lead to larger settlements than a typical crash due to the at-fault driver’s egregious conduct. A minor injury case might still recover thousands of dollars, while severe injuries or a wrongful death case can reach six-figure or even seven-figure settlements.

Can I Sue a Bar or Restaurant That Served the Drunk Driver?

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runk drivers aren’t always the only ones to blame. In Texas, you may have a claim against the establishment that served alcohol to the driver, thanks to the Dram Shop Law. Under Texas’s dram shop law (Texas Alcoholic Beverage Code Chapter 2), a bar, restaurant, or alcohol provider can be held liable if:

• They sold or served alcohol to someone who was obviously intoxicated (to the point that they posed a clear danger to themselves or others), and
• That intoxication directly contributed to the injuries that occurred. (In other words, the overserved patron’s intoxication led to the crash that hurt you.)

This means you can potentially sue not just the drunk driver for hitting you, but also the bar or restaurant that over-served them. For example, if a Houston bar continued serving a customer who was clearly drunk – slurring, stumbling, etc. – and that customer then drove and crashed into you, the bar could be liable under Texas dram shop law. These claims are especially important in cases where the drunk driver’s own insurance isn’t sufficient to cover all your damages (which often happens with serious injuries), or if the driver has no insurance at all. Establishments typically carry larger insurance policies than individuals, so pursuing the bar or restaurant can make a big difference in your ability to be fully compensated.

Dram shop cases can be more complex than standard accident claims. Key evidence might include bar receipts or credit card statements showing how many drinks were served, surveillance video, and witness testimony from bartenders or other patrons about the driver’s condition. Our attorneys are experienced in handling dram shop lawsuits. We know how to investigate whether an establishment violated its duty by overserving alcohol, and we’ll work to hold them accountable. By pursuing all liable parties – the drunk driver and the establishment – we aim to maximize the compensation available for you.

What If the Drunk Driver Doesn’t Have Insurance?

Unfortunately, some intoxicated drivers cause accidents while carrying no auto insurance (or far too little insurance). This can make recovering compensation more challenging, but you still have options. Here are a few avenues to consider if the drunk driver who hit you is uninsured or underinsured:

• Your Uninsured/Underinsured Motorist (UM/UIM) coverage: In Texas, insurers must offer UM/UIM coverage with each auto policy. If you have UM coverage, it can step in when the at-fault driver has no insurance or not enough. You can file a UM claim with your own insurer to cover your accident damages up to your policy limits.
• Dram shop claims: If a bar or restaurant overserved the drunk driver, that establishment could be held liable. This is especially important when the driver has no insurance – the bar’s insurance might cover your damages instead.

Even if the at-fault driver has no insurance, you should not assume you’ll be left with nothing. In some cases you may also sue the driver personally, though an uninsured motorist often has limited assets. A knowledgeable attorney can explore these alternate routes of compensation to help ensure you aren’t stuck paying for someone else’s reckless behavior. We can assist with filing UM claims and exploring third-party liability to make sure you’re not left holding the bill for a drunk driver’s actions.

What If Someone Was Killed – Can the Drunk Driver Owe Child Support?

Drunk driving crashes can tragically result in fatalities. If a loved one was killed by a drunk driver, the at-fault individual can face both civil and criminal consequences. The victim’s family has the right to file a wrongful death lawsuit against the drunk driver to seek compensation (for funeral costs, loss of support, etc.), and our firm can help guide you through that process.

In addition, Texas enacted a new law informally called Bentley’s Law to hold drunk drivers financially accountable to victims’ families. Under House Bill 393 (effective 2023), if a drunk driver is convicted of intoxication manslaughter for killing a parent, the court will order them to pay child support to the deceased’s minor children until those children reach adulthood​. This means a convicted drunk drive

r who causes a death will have a legal obligation to provide financial support to the victim’s kids.

It’s important to note that this child support requirement stems from the criminal case after a conviction. It is separate from any civil wrongful death claim that the family may pursue. In a civil lawsuit, the drunk driver (and any other liable parties) could be compelled to pay a lump sum or damages award to the family. Our attorneys will explore all possible avenues – from wrongful death claims to the enforcement of Bentley’s Law – to help your family secure justice and financial stability after such a heartbreaking loss.

Why Choose Adley Law Firm?

• Proven Results: Thousands of Texans helped and millions recovered for our clients.
• Client-Focused: Personalized, compassionate service. Bilingual team (English & Spanish). We keep you informed every step.
• Experienced: Decades of experience with car accident cases (including drunk driving). We know how to stand up to insurance companies and win.
• No Win, No Fee: You pay nothing unless we win your case. No upfront costs – we only get paid when you do.
• Free Consultation: Get a free, no-obligation case evaluation. We’ll answer your questions and explain your options at no cost.

After a serious accident, our mission is to take the burden off you. While you focus on healing, we handle everything else – investigating the crash, dealing with insurance, and fighting for the maximum compensation. Our dedication and genuine care for clients set us apart as a top choice for Houston injury victims.

Contact Us for a Free Consultation

Contact the Adley Law Firm today to discuss your legal options. We’re ready to fight for you. Call us at (713) 999-8669 any time to schedule your FREE consultation. Our team is standing by 24/7 to take your call. Remember, we charge no fees unless we win your case. Let us help you hold the drunk driver accountable and pursue the compensation you need to move forward.