It helps, but it is separate. A criminal charge against the driver who hurt you is the state’s case, decided under a stricter standard; your injury claim is a civil case for money damages that you control. A conviction can support your claim, restitution may cover some losses, and you do not have to wait for the criminal case to end.
When the other driver is charged with driving while intoxicated, intoxication assault, failure to stop and render aid, or another offense, the prosecutor represents the State of Texas, not you. The criminal case asks whether the state proved guilt beyond a reasonable doubt. Your civil claim asks whether the driver was negligent by a preponderance of the evidence, a lower standard, and it seeks payment for medical bills, lost income, pain, and the other damages Texas law allows.
The two cases interact. Police reports, blood test results, video, and witness statements gathered by investigators can be valuable evidence in the civil claim. A guilty plea or conviction can support it. A plea of no contest, however, cannot be used against the driver in a civil case under Texas Rule of Evidence 410.
Criminal courts can order restitution. Code of Criminal Procedure article 42.037 allows the sentencing court to order a convicted defendant to pay restitution to a victim. Restitution is usually limited to specific losses and is no substitute for a full civil recovery. Separately, the Crime Victims’ Compensation Act in Code of Criminal Procedure chapter 56B can help pay certain expenses when a crash involved conduct it covers, such as intoxication assault, intoxication manslaughter, or failing to stop and render aid.
Intoxication cases can also change damages. Chapter 41 of the Civil Practice and Remedies Code caps exemplary damages, but section 41.008(c) removes the cap for conduct that is a felony such as intoxication assault or intoxication manslaughter.
The driver’s criminal lawyer may advise the driver not to answer questions in the civil case while charges are pending, and courts sometimes pause parts of a civil case because of that. Early steps, such as notifying insurers, preserving evidence, and documenting injuries, can still move forward. In many cases the liability insurer resolves the civil claim regardless of the criminal timeline.
You do not need to wait for a verdict, and the two-year civil deadline keeps running while the criminal case proceeds. Owsley Law Firm represents injured people in their civil claims only, works alongside the criminal process, and charges no fee unless it wins.
What to do, step by step
- Keep every document from the prosecutor’s office.
- Write down hearing dates and outcomes.
- Notify the at-fault driver’s insurer of your claim.
- Apply for crime victims’ compensation if the conduct qualifies.
- Talk to a lawyer about the civil claim right away.
The criminal case can provide evidence you could not easily get yourself, such as toxicology results and accident reconstruction by police. Your lawyer can request those records as the case allows.
Victims also have rights in the criminal process, including notice of hearings and the chance to give a victim impact statement. Those rights are separate from the civil claim.
The defendant’s insurer still handles the civil claim. Criminal charges do not usually stop a liability insurer from paying for a covered driver’s negligence, and in serious cases the insurer may want to resolve the civil claim. A lawyer can coordinate the timing so the criminal case does not delay your recovery unnecessarily.
Mistakes that cost people money
- Waiting for the criminal case to end before acting on the civil claim.
- Assuming restitution will cover your losses.
- Talking to the defendant’s insurer before consulting a lawyer.
- Missing the two-year civil deadline while the criminal case is pending.
Related questions
Do I have to testify in the criminal case?
You may be subpoenaed as a witness by the prosecution. That is separate from your civil claim, though what you say can matter in both.
Can I sue if the driver was found not guilty?
Yes. The civil case uses a lower standard of proof, and an acquittal does not decide it.
Is a DWI conviction proof of fault in my civil case?
It is strong evidence, but fault and damages are still decided in the civil case. A no-contest plea cannot be used against the driver under Texas Rule of Evidence 410.
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