Question 1

Do I have to wait for the criminal case to finish?

Accepted Answer

No. Your civil claim is separate and runs on its own two-year deadline. Waiting for a criminal case that can take a year or more risks the evidence and the filing deadline.

Question 2

Does a DWI conviction prove my case?

Accepted Answer

It helps a great deal but it is not automatic. The criminal case decides guilt beyond a reasonable doubt; your claim only requires more likely than not, so a conviction is strong evidence of negligence.

Question 3

What if the driver was not charged or was acquitted?

Accepted Answer

You can still recover. The civil standard of proof is lower, and intoxication is not even required, only that the driver failed to use ordinary care and caused your injuries.

Question 4

Can I recover punitive damages from a drunk driver?

Accepted Answer

Often yes. Texas allows exemplary damages for gross negligence proven by clear and convincing evidence, capped at the greater of $200,000 or twice economic damages plus up to $750,000 in noneconomic damages.

Question 5

Is restitution from the criminal case the same as compensation?

Accepted Answer

No. Criminal restitution is usually limited and ordered at a judge's discretion. It does not cover pain, impairment, or future care, and accepting it does not resolve your civil claim.

Question 6

What if the drunk driver had almost no insurance?

Accepted Answer

Look to your own uninsured and underinsured motorist coverage, which is written for exactly this situation, and to any other policy that may apply, including an employer's if the driver was working.

Question 7

Can the bar that served the driver be responsible?

Accepted Answer

Possibly, under the Texas dram shop statute, which is a separate claim with its own proof requirements. It is worth investigating early because bar records and receipts do not survive long.

Question 8

What evidence matters most in a drunk driving claim?

Accepted Answer

The blood or breath result, the officer's body camera footage, field sobriety recordings, and receipts showing where the driver had been. Much of it lives in the criminal file and can be obtained.

Question 9

What if I had been drinking too?

Accepted Answer

It becomes a comparative fault question, not a bar. Under Civil Practice and Remedies Code 33.001 you recover unless your share passes 51 percent, and a passenger's drinking rarely caused the crash.

Question 10

What if the drunk driver was working at the time?

Accepted Answer

An employer may be responsible through the employee's conduct on the job, and may face separate claims for negligent hiring, entrustment, or supervision, which often reach far larger commercial policies.

Question 11

How long do I have to file after a drunk driving crash in Texas?

Accepted Answer

Two years from the crash under Civil Practice and Remedies Code 16.003, and two years from the date of death for a wrongful death claim.

Abogado de Accidentes de Automóvil y Camión en Austin, TX

Frequently asked questions

Do I have to wait for the criminal case to finish?

Does a DWI conviction prove my case?

What if the driver was never charged, or was acquitted?

Can I recover punitive damages from a drunk driver?

Is criminal restitution the same as compensation?

What if the drunk driver had almost no insurance?

Can the bar or restaurant that served the driver be responsible?

What evidence matters most in a drunk driving claim?

What if I had been drinking too?

What if the drunk driver was on the job?

How long do I have to file after a drunk driving crash in Texas?

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Austin

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Teléfono: (512) 457-8080

Abogado Brent A. Devere

Waco

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Teléfono: (254) 800-9400

Fax: (512) 457-8060

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