No, and waiting is usually a mistake. Your civil claim is a separate proceeding with its own two-year deadline that runs from the date of the crash, not from the date of a verdict. Criminal cases involving intoxication assault or intoxication manslaughter routinely take a year or more, and every month spent waiting is a month of fading witness memory and expiring video. The two cases can proceed at the same time, and evidence developed in the criminal case is often available to yours.

It helps enormously without being automatic. A criminal conviction requires proof beyond a reasonable doubt, which is a far higher bar than your civil claim has to clear. Your case only requires showing it is more likely than not that the driver was negligent and caused your injuries. A driver who has already been found guilty under a stricter standard is in a very difficult position denying the same conduct in a civil case.

You can still recover in full. The standards of proof are different, the parties are different, and a prosecutor's charging decision reflects resource and evidentiary judgments that have nothing to do with your losses. There is also a more basic point: you do not have to prove intoxication at all. You have to prove the driver failed to use ordinary care and that the failure caused your injuries. Intoxication is one way to show that, not the only way.

Often, yes. Texas allows exemplary damages where gross negligence, malice, or fraud is proven by clear and convincing evidence, and driving while intoxicated is among the clearest examples of conduct that qualifies. Under Civil Practice and Remedies Code § 41.008 the award is capped at the greater of $200,000, or two times economic damages plus up to $750,000 in noneconomic damages. That is separate from and in addition to compensation for your actual losses.

No, and treating it that way costs people badly. Restitution is ordered at the criminal judge's discretion, is typically limited to out-of-pocket amounts such as medical bills, and does not touch pain, mental anguish, physical impairment, disfigurement, or future care. It is also frequently paid in small installments over years, if at all. Receiving restitution does not resolve your civil claim, though how the two interact should be handled deliberately rather than by accident.

This is common, and it is exactly what uninsured and underinsured motorist coverage exists for. Texas requires only $30,000 per injured person, an amount a serious crash exhausts in the first days of hospitalization. Your own UM and UIM coverage sits behind that. Other policies may also apply: an employer's commercial coverage if the driver was working, an umbrella policy above the auto limits, or resident relative coverage in your household.

Possibly. Texas has a dram shop statute that can hold a provider responsible where it served someone obviously intoxicated to the point of being a clear danger. It is a separate claim with its own proof requirements and it is worth investigating immediately, because the evidence that supports it, receipts, tabs, point-of-sale records, server schedules, and security video, is on short retention and disappears fast.

The blood or breath test result and the maintenance and calibration records behind it. Officer body camera footage of the stop and the field sobriety tests. Dashcam video from the patrol vehicle. Receipts and card transactions showing where the driver had been and for how long. Much of this lives in the criminal file and can be obtained, which is another reason not to wait for that case to end before starting yours.

It becomes a comparative fault argument rather than a bar to recovery. Under Civil Practice and Remedies Code § 33.001 you recover unless your share of the responsibility passes 51 percent, reduced by whatever percentage is assigned to you. For a passenger, drinking rarely caused anything, though expect an argument that you knew the driver was impaired and rode anyway. That argument is answerable and it is not the end of a claim.

Then the case may be much larger than it first appears. An employer can be responsible for an employee's conduct within the scope of employment, and separate claims for negligent hiring, entrustment, training, or supervision may reach the employer directly. Commercial policies are typically many times the size of a personal auto policy, and identifying an employment connection early is often the difference between a capped recovery and a full one.

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, which is not always the same date. Because the criminal case runs on its own timeline and can outlast your deadline entirely, the civil claim has to be managed independently from the start.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.