When an intoxicated driver kills someone in Texas, the family can bring a wrongful death claim against the driver and, in many cases, a dram shop claim against the bar or restaurant that kept serving an obviously intoxicated person. Exemplary damages may be available for gross negligence. Owsley Law Firm represents Texas families after fatal drunk driving crashes and charges no fee unless it recovers.
Can the family sue the drunk driver?
Yes. Under Chapter 71 of the Texas Civil Practice and Remedies Code, the spouse, children, and parents of the person who died can bring a wrongful death claim against the driver. The estate can bring a survival claim under section 71.021 for medical and funeral expenses and the pain suffered before death.
A criminal case against the driver is separate. It punishes the driver; the civil claim compensates the family. The two proceed on their own tracks, and the family does not need to wait for the criminal case to end before acting.
Can a bar or restaurant be held responsible?
Often, yes. Texas’s dram shop law in Chapter 2 of the Alcoholic Beverage Code allows a claim against a licensed seller of alcohol that served a person who was obviously intoxicated to the extent of presenting a clear danger to themselves and others, when that intoxication caused the crash.
Proving a dram shop claim requires evidence of where the driver was drinking, how much they were served, and how they appeared. Receipts, credit card records, surveillance video, and witnesses inside the bar are central. Bars often overwrite video quickly, so the firm moves to preserve it immediately.
- Bar tabs and credit card receipts
- Surveillance video inside and outside the business
- Testimony from servers, bartenders, and other patrons
- The driver’s blood alcohol test results
- The timeline from last drink to crash
What about the driver’s employer or the vehicle’s owner?
If the driver was working at the time, the employer may be responsible. If the driver was using someone else’s vehicle, the owner may be responsible if they knowingly let an unfit or intoxicated person drive. Each additional party may add insurance coverage, which matters because many impaired drivers carry only minimum limits.
Are punitive damages available?
Exemplary damages, often called punitive damages, may be available under Chapter 41 when a defendant acted with gross negligence. Driving while severely intoxicated is a common basis for that claim. Chapter 41 sets limits on exemplary damages, though certain exceptions apply to some intoxication-related felonies. The firm evaluates whether those rules apply to the specific facts.
Exemplary damages require clear and convincing evidence, a higher standard than the rest of the case, which is why the evidence of intoxication is developed carefully.
What can the family recover?
The family’s wrongful death damages include lost financial support, lost companionship and guidance, and mental anguish. The estate’s survival damages include medical bills, funeral costs, and the pain the person suffered before death. If the impaired driver had little insurance, the deceased person’s own uninsured and underinsured motorist coverage may also apply, depending on the policy.
Where do fatal drunk driving crashes happen in Houston?
Late-night crashes on the routes home from nightlife areas, including Washington Avenue, Midtown, Montrose, and the Galleria area, and wrong-way crashes on freeways such as I-45, I-10, and the 610 Loop, are a recurring pattern in Houston. Identifying where the driver was drinking is the first step toward a dram shop claim.
How long does the family have?
Generally two years from the date of death under section 16.003. Dram shop evidence, especially video, disappears much sooner. The criminal case may take longer than the civil deadline, so the family should not wait for it to finish.
How does the criminal case affect the family’s civil claim?
Prosecutors pursue intoxication manslaughter charges against the driver, and the criminal case can produce valuable evidence: blood test results, officer observations, and video. The family can attend hearings and may be heard at sentencing. But a criminal case does not compensate the family, and restitution, if ordered, rarely covers the full loss.
The civil claim runs on its own deadline, generally two years from the date of death, and the criminal case may not finish in that time. The firm coordinates with the criminal process, requests the evidence when it becomes available, and files the civil case in time regardless.
Can a family claim against the driver’s own insurer?
Yes. The driver’s auto liability insurance generally responds to a wrongful death claim, up to its limits. Many impaired drivers carry only the Texas minimum, $30,000 per person, which is why identifying additional sources matters: a dram shop claim against the business that overserved, the driver’s employer, the vehicle owner, and the deceased person’s own uninsured and underinsured motorist coverage.
Personal assets of the driver are also a potential source, especially where exemplary damages are sought. The firm investigates every source before the family decides how to resolve the case.
Common questions
What clients ask about fatal drunk driving crashes.
The driver was charged with intoxication manslaughter. Do we still need a civil case?
Yes, if the family wants compensation. A criminal conviction does not pay the family’s losses, though the evidence from the criminal case can help the civil claim.
We do not know where the driver was drinking. Can that be found?
Often. Receipts, phone records, witness interviews, and the criminal investigation file can lead to the bar or restaurant.
Can we sue a private host who served the driver at a party?
Texas social host liability is limited. It applies mainly to adults who serve alcohol to minors under certain conditions. The facts matter.
Does the driver’s insurance pay for punitive damages?
Coverage for exemplary damages depends on the policy and Texas law. The firm identifies every source of recovery, including the driver’s personal assets.
What does the firm charge?
Nothing up front and no fee unless it recovers for the family.