What to Do If You Are Hit by a Drunk Driver in Texas: A Victim’s Guide
I am Brad Parker, the attorney you want but hope you never need. If you are reading this, you or someone close to you has likely just been through a drunk driving crash. I know how quickly life can turn upside down in these moments. The crash itself is only the start. Suddenly, you’re dealing with medical bills, insurance adjusters, and a lot of uncertainty about what comes next. You don’t have to handle this on your own. At Parker Law Firm, we focus on protecting you and your family so you can concentrate on getting better. We take on the legal and insurance issues, holding the responsible parties accountable while you focus on your recovery.
The criminal case against the drunk driver is handled by the State of Texas, and it’s meant to punish the driver. But that process won’t cover your medical bills, lost income, or the impact this crash has had on your life. To recover those losses, you need to file a separate civil personal injury claim. With decades of experience and Board Certification in Personal Injury Trial Law, I’ve seen how insurance companies try to avoid paying what’s fair. Our job is to make sure the responsibility for your injuries stays where it belongs, with the driver and any business that contributed to the crash.
Immediate Steps After a Drunk Driving Crash in Texas
Call 911 and seek medical attention.
The first moments after a crash with a drunk driver are confusing and stressful. What you do next matters. Call 911 right away, and let the dispatcher know if you think the other driver is intoxicated. This helps police gather the right evidence at the scene. Get medical attention as soon as possible, even if you feel okay at first. Sometimes injuries show up later, and waiting can make it harder to connect your injuries to the crash. If you’re unsure what to do, our team can step in quickly to help protect your rights and guide you through these first steps.
Ensure safety and document the scene.
While you wait for help, your safety comes first. If your vehicle is still drivable and you’re not badly hurt, Texas law says to move it out of the lane and into a safe area. If you are injured, stay put and don’t push yourself. Turn on your hazard lights to be more noticeable to other drivers. If you can, try to take in what’s happening around you, especially how the other driver is acting. It may not seem important at the time, but it can make a difference later.
Documenting the Scene and Evidence You Need
Exchange information and obtain witness statements
Evidence can disappear quickly, and people’s memories fade. If you’re able, exchange contact and insurance information with the other driver, but don’t talk about what caused the crash or admit fault. Make a note if you notice signs that the other driver is intoxicated, like slurred speech or the smell of alcohol. Ask for the names and phone numbers of any witnesses who saw the crash or the events leading up to it. Witnesses can help support your version of what happened.
Take photos/videos and preserve the crash report.
If you can, use your phone to document the vehicles’ condition after the crash with photos and videos. Make sure to capture the damage, the road, skid marks, traffic signals, and any injuries. These pictures help show exactly what happened before anything is moved or cleaned up. Good documentation can make a big difference when dealing with insurance companies.
Obtain and preserve police reports (CR-3) and other records.
Police will create a crash report (CR-3) if there are injuries or significant damage. This report includes key details, such as the officer’s observations and any sobriety test results. Be sure to get a copy or write down the report number. We always get these records for our clients because having the official report is a key part of building your case.
Understanding Your Legal Rights and Potential Compensation in Texas
Economic damages: medical bills, lost wages, future care
Texas law allows you to recover the money you’ve lost because of the crash. Economic damages include emergency room bills, surgeries, hospital stays, physical therapy, future medical care, and medical equipment. If you can’t work because of your injuries, you can also claim lost wages and future lost earning ability. Our goal is to make sure you aren’t left paying for someone else’s reckless choices.
Non-economic damages: pain and suffering
The impact of a drunk driving crash isn’t just about bills and lost paychecks. Non-economic damages cover pain, emotional distress, loss of enjoyment of life, and any lasting physical changes. In some cases, Texas law also allows for punitive damages to punish especially reckless behavior and help prevent it from happening again.
Insurance considerations: UM/UIM, PIP, policy limits
Dealing with insurance can be complicated. Many drunk drivers only have the minimum required insurance, which often isn’t enough to cover serious injuries. That’s when your own uninsured or underinsured motorist coverage and Personal Injury Protection can help. But remember, your own insurance company is still a business. They may try to shift blame or limit what they pay. Having an experienced attorney on your side helps protect your claim and makes sure the insurance companies follow the rules.
Dram shop liability basics and when establishments may be responsible
Sometimes, the drunk driver was overserved at a bar, restaurant, or club. Texas law allows you to hold these businesses responsible if they contributed to the crash. We consider every possible source of compensation to ensure all responsible parties are held accountable.
Dram Shop Liability in Texas: When an Establishment Can Be Held Responsible
Overserving and knowledge standards
Understanding Texas dram shop laws can make a real difference in your case. These laws hold bars, restaurants, and other alcohol providers responsible when they continue serving someone who is clearly intoxicated and poses a danger. When a person is showing obvious signs—like stumbling, slurred speech, or drinking far beyond a safe limit—and is still served, that’s a serious problem. Businesses have a responsibility to step in and stop service. When they don’t, we work to hold them accountable for the harm that follows.
Evidence needed to prove over-serving and a causal link
Proving a dram shop claim means acting quickly to gather evidence. Bars and restaurants may not keep security footage or records for long. We collect items such as bar tabs, receipts, social media posts, and toxicology reports. We also talk to staff and witnesses to piece together what happened. Our goal is to show a clear connection between the overserving and the crash.
Insurance and liability pathways against bars/restaurants
When a business is involved, its insurance policies often have higher limits than those of individual drivers. Since drunk drivers may not have enough coverage or assets, a dram shop claim can be the best way to make sure you get the care you need. If you think a bar or restaurant played a role in your crash, talk with us about your options.
Emotional and Long-Term Care Considerations (Missed Opportunities)
Psychological impact: PTSD, anxiety, fear of driving
Some law firms only look at the numbers, but we know the effects of a drunk driving crash go far beyond medical bills. Many people struggle with anxiety, trouble sleeping, or a fear of driving again. We make sure these emotional injuries are recognized and included in your claim, and we help connect you with the care you need to recover.
Long-term rehabilitation and chronic injury management
Serious crashes can leave lasting injuries that change the course of your life, things like brain injuries, spinal damage, or severe orthopedic issues. These aren’t quick recoveries. They often require ongoing care, multiple surgeries, and long periods of rehabilitation. At our firm, we take on a limited number of cases so we can give each one the attention it deserves. We also work with medical and financial experts to understand the full cost of your care, so any recovery reflects what you’ll need not just now, but in the years ahead.
Community resources and support groups
Recovery takes support, and we’re committed to helping our clients and our community. We support groups like Mothers Against Drunk Driving (MADD) and help connect clients with local support resources. You don’t have to go through this alone. We combine strong legal advocacy with real-world support to help you move forward.
Statute of Limitations and Filing Your Claim in Texas
Two-year deadline for most personal injury claims in Texas
In Texas, you have two years from the date of the crash to file a personal injury lawsuit. This deadline is strict. Two years can go by quickly, especially when you need time to gather evidence and understand the full impact of your injuries. Waiting to get legal help only helps the insurance companies.
Tolling considerations and exceptions
If the victim is legally incapacitated, a minor, or if the driver leaves the state, the two-year deadline can be paused. But don’t assume an exception applies to your case. Talk with a lawyer to ensure your rights are protected and that you don’t miss any important deadlines.
Consequences of missing the deadline
If you miss the two-year deadline, you lose your right to recover compensation, no matter how serious your injuries are. That’s why it’s important to contact us as soon as possible. We keep track of these deadlines so you don’t have to worry about missing your chance to make a claim.
Evidence and How to Prove Your Claim
Duty, breach, causation, and damages
To win a civil case, we have to show four things: the driver had a duty to drive safely, they broke that duty by driving drunk, their actions caused the crash, and you suffered damages as a result. A criminal conviction can help, but it’s not required. We focus on proving the facts that matter for your claim.
Medical records, crash reports, witness statements, and expert testimony
Building a strong case means collecting all the right evidence. We gather your medical records, crash reports, witness statements, and any available video. In serious cases, we work with experts like accident reconstruction engineers and toxicologists. The more solid the evidence, the stronger your claim will be.
Preservation of evidence and avoiding spoliation
Losing or destroying evidence can hurt your case, especially when businesses are involved. When you hire us, we quickly send out legal notices requiring everyone involved to preserve key evidence, such as vehicles, security footage, and receipts. Acting fast helps make sure nothing important goes missing.
How Parker Law Firm Can Help
Free strategy session and case evaluation
We want you to have the information you need to make good decisions. That’s why we offer a free, no-obligation strategy session. We’ll listen to your story, review your accident reports, and explain your options in plain English. Our goal is to give you a clear plan and answer your questions so you feel confident about what comes next.
Contingency-fee arrangements and support throughout the process
You shouldn’t have to worry about cost when you’re trying to get help. That’s why we work on a contingency fee basis. There are no upfront fees, and you don’t pay us unless we recover for you. We also make sure our fees never exceed your recovery. And if you have concerns in the first thirty days, you’re free to walk away with no obligation.
How to reach us for immediate assistance
If you or someone you love has been hurt by a drunk driver in Texas, don’t wait to get help. Insurance companies start working on their side right away. We’re here to answer your questions and help you protect your claim. Call us anytime to speak with an experienced injury lawyer. We’re ready to help you move forward.
