If a drunk driver hit you in Houston, you can claim against that driver, and if a bar or restaurant served them while they were obviously intoxicated, against that business too under the Texas dram shop law. Exemplary damages may also be available. Owsley Law Firm represents Houston drunk driving victims and charges no fee unless it wins.
Where do drunk driving crashes happen in Houston?
Many of Houston’s most serious drunk driving crashes happen late at night on the freeways and on the streets around nightlife districts: Washington Avenue, Midtown, Montrose, and the Galleria area. Harris County records more traffic deaths each year than any other Texas county, and alcohol is a factor in many of them.
Late-night freeway crashes are often the most severe. A driver leaving Midtown or Washington Avenue may get on the Katy Freeway, I-45, or US-59 at high speed, and an impaired driver’s slowed reactions turn a lane change into a rollover or a high-speed rear-end crash.
Can I sue the Houston bar that served the drunk driver?
Possibly. Texas Alcoholic Beverage Code Chapter 2 allows a claim against a licensed provider that served someone who was obviously intoxicated to the point of presenting a clear danger, when that intoxication caused the crash. Receipts, card records, bar video, and witness accounts show what was served and when.
Dram shop claims require proof of what the bar saw: slurred speech, stumbling, loud or erratic behavior, or continued service after obvious signs of intoxication. Staff, other patrons, and video are the usual sources. The firm moves early, because bars do not keep video or staff schedules forever.
What happens with the criminal case?
The criminal case is separate from your injury claim. Harris County has run No Refusal programs in which judges sign blood-draw warrants for suspected impaired drivers who refuse breath tests. Blood and breath results, officer observations, and video from the arrest can become evidence in your civil claim.
Your civil claim does not depend on a conviction, and it is about compensation for you.
Victims have rights in the criminal process too, including the right to be informed about the case and, if the driver is convicted, the possibility of restitution ordered by the criminal court. Restitution does not replace a civil claim, which can recover far more.
Are punitive damages available against a drunk driver?
Texas allows exemplary damages for gross negligence under Civil Practice and Remedies Code Chapter 41. The statutory cap on exemplary damages generally does not apply when the conduct is a felony such as intoxication assault or intoxication manslaughter (section 41.008(c)).
What evidence matters in a Houston drunk driving case?
The firm gathers evidence from several directions.
The driver’s criminal file can take months, so the firm does not wait for it. It gathers the civil evidence in parallel and uses the criminal records when they become available.
- The crash report and the arresting agency’s records
- Blood or breath test results
- Bar and restaurant receipts and video
- Witness accounts from the venue and the scene
- Medical records and trauma center reports
How is a Houston drunk driving claim valued?
Drunk driving crashes often cause catastrophic injuries and deaths. Value includes medical care now and in the future, lost earning capacity, pain and mental anguish, physical impairment, and disfigurement. Exemplary damages may add to it when the driver’s conduct was grossly negligent.
The practical limits are the driver’s insurance and the dram shop defendant’s coverage, plus your own underinsured motorist coverage. The firm identifies all of them early.
What if my family member was killed by a drunk driver in Houston?
Texas allows the surviving spouse, children, and parents to bring a wrongful death claim under Civil Practice and Remedies Code Chapter 71, and the estate to bring a survival claim for what the person suffered before death. The Harris County Institute of Forensic Sciences performs the medical examiner’s investigation in Harris County, and its findings, along with toxicology, become part of the evidence.
The firm handles these cases with care for the family, and charges no fee unless it recovers.
What should you do after being hit by a drunk driver in Houston?
Get medical care, keep every record, and do not speak with the driver’s insurer about fault. Call the firm early, because bar video and receipts can be lost. Phones are answered 24/7, and there is no fee unless the firm wins.
Go deeper
More on drunk driving accidents in Houston and Texas.
Common questions
Houston drunk driving accidents questions
Can I sue a Houston bar for a drunk driving crash?
Yes, if the bar served the driver while obviously intoxicated and that caused the crash, under Alcoholic Beverage Code Chapter 2.
Does the driver have to be convicted first?
No. The civil claim is separate from the criminal case.
Is there a cap on punitive damages?
Generally yes, but the cap does not apply to certain felonies such as intoxication assault and intoxication manslaughter.
What if the drunk driver had no insurance?
Your uninsured motorist coverage and a dram shop claim may provide recovery.
How long do I have to file?
Generally two years from the crash.