Texas Drunk Driving Victim Rights: Compensation Beyond the Obvious
You might be dealing with medical bills from an accident you didn’t cause. The drunk driver who hit you is facing criminal charges, but those charges don’t pay your bills.
Here’s what most drunk driving accident victims don’t know: Texas law gives you powerful rights that go way beyond filing a basic insurance claim. Drunk driving victim claims have multiple paths to compensation you probably haven’t heard about.
Why Drunk Driving Accident Claims Are Worth More
Texas law says drunk driving is gross negligence, not just regular negligence. That means DUI accident victims can get punitive damages on top of medical bills and lost wages – sometimes double or triple the regular damages.
Insurance adjusters hate these cases because they know Texas juries don’t mess around with drunk drivers.
When someone chooses to drive drunk and hurts innocent victims, juries want to send a message. That fear of a jury trial pushes DWI accident settlement values higher.
Here’s the kicker – if the drunk driver gets convicted in criminal court, you’ve basically won the fault argument in your civil case.
Their guilty plea or conviction means drunk driving victims don’t have to prove negligence anymore. You just have to show how badly they hurt you.
Who Else Can Drunk Driving Victims Sue in Texas?
The intoxicated driver might not be your only ticket to compensation. Let me explain who else might be on the hook for your injuries.
When Bars and Restaurants Pay
Ever wonder if the bar that overserved the drunk driver can be held responsible? In Texas, absolutely. It’s called dram shop liability, and it’s more common than you’d think.
Here’s how it works: if a bartender keeps serving someone who’s obviously wasted – slurred speech, stumbling, can’t find their keys – that bar can be sued.
One drink to someone who seems fine? Not liable.
Shots with someone who can barely stand? That’s different.
Why does this matter to drunk driving accident victims?
Bar insurance policies are huge – usually between $1 million and $5 million. Compare that to the drunk driver’s minimum coverage of $30,000, and you can see why this matters.
Your attorney can fight for credit card records, get security footage, and track down other customers from that night.
But here’s the thing – bars usually delete their footage after 30 days, so you’ve got to move fast on these claims.
Vehicle Owner Liability
Sometimes the drunk driver was driving someone else’s car. Maybe their buddy tossed them the keys, or their parents let them borrow the family SUV.
That owner might be liable too. It’s called negligent entrustment.
If Dad knows his son has two DWIs and still hands over the keys? Dad’s liable.
Someone watches their friend do ten shots then tosses them car keys? They might be on the hook.
The trick is proving the owner knew or should have known the driver was dangerous. Prior DWIs help. Seeing them drunk helps.
Even knowing they planned to go bar-hopping can be enough.
Compensation Options When the Drunk Driver Has No Insurance
Finding out the intoxicated driver has no insurance feels like getting punched while you’re already down. But DWI accident victims have more options than you think.
Texas Crime Victims’ Compensation Fund
This is the resource nobody talks about.
The Texas Attorney General’s Crime Victims’ Compensation Program can pay up to $50,000 for victims of drunk driving crashes. Since drunk driving is a crime, you can qualify.
The fund covers medical bills, lost wages, counseling, even funeral costs – up to $50,000. Won’t cover your car or pain and suffering, but fifty grand for medical bills helps.
You’ve got three years to apply, but don’t wait.
The application is pretty straightforward – you need the police report, your bills, and proof you’re cooperating with prosecutors. Most people get an answer within 60-90 days.
Your Uninsured Motorist Coverage
Check your auto insurance policy for UM/UIM coverage. Most Texans have it.
If you do, your own company pays as if the drunk driver had insurance, and they can’t raise your rates for using it after a not-at-fault accident.
Here’s more on what to do when hit by an uninsured driver in Texas.
Pursuing the Drunk Driver Personally
Even if they’re broke now, you can get a judgment. Judgments last 10 years in Texas and can be renewed.
That broke drunk driver might inherit money or get a better job. When they do, you’re first in line with wage garnishment, bank freezes, and property liens.
Special Rights for Families: Bentley’s Law
If a drunk driver killed a parent in your family, Texas has something new called Bentley’s Law. Passed in 2023, it makes convicted drunk drivers pay child support for the kids left behind.
This isn’t a one-time payment – it’s actual monthly child support until each kid turns 18. The amount follows Texas child support guidelines, just like a divorce case.
Even if the drunk driver goes to prison, the obligation doesn’t disappear.
Here’s what makes this powerful for DWI accident victims: families can get both this child support AND pursue a wrongful death claim.
They’re completely separate, so families can seek both forms of help. If you’re dealing with a fatal drunk driving accident, this law provides long-term financial protection for the kids.
Criminal Restitution vs. Your Civil Claim
The criminal court might order the drunk driver to pay you restitution as part of their sentence. That’s great, but don’t stop there.
Criminal restitution usually only covers the obvious stuff – your ER bills, car repairs, maybe lost wages.
But what about future surgeries? Pain and suffering? Months of physical therapy?
That’s where drunk driving victim claims in civil court come in.
Think of it this way: restitution is the criminal court saying “pay back what you broke.”
Your civil case is about making you whole again – covering everything this crash cost you, including the stuff that doesn’t have a receipt.
Understanding who pays your medical bills after an accident helps you navigate both systems.
Some attorneys suggest waiting for the criminal case to wrap up first – that conviction becomes powerful evidence in your civil case.
Others say file immediately to preserve evidence. Every case is different, which is why you need someone who knows the strategy.
Steps Drunk Driving Accident Victims Should Take
Drunk driving is getting worse in Texas, not better. These crashes keep happening, and DUI victims often leave money on the table because they don’t know their rights.
If you can, start documenting everything. Find out where the drunk driver was drinking – receipts, credit card statements, anything showing their trail.
Keep every medical record, bill, and prescription receipt. Get the police report as soon as possible.
You’ve got two years to file your civil lawsuit in Texas. The Crime Victims’ Fund gives you three years, but evidence disappears fast.
Bar footage gets deleted, witnesses forget details, skid marks fade. The sooner you move, the stronger your case.
FAQs About Drunk Driving Accidents
Can I still sue if the drunk driver wasn’t convicted?
Absolutely. Criminal court needs proof “beyond a reasonable doubt” – that’s like 99% sure.
Your civil case only needs “more likely than not” – just 51%. Plenty of people win civil cases even when criminal charges got dropped.
What if I was partially at fault?
Texas says as long as you’re less than 51% at fault, you can still collect. If you’re found 20% at fault (maybe you were speeding a little), your recovery drops by 20%.
But with a drunk driver on the other side, juries rarely blame victims much.
How long before I see any money?
The Crime Victim Fund typically pays within 60-90 days if approved. Insurance settlements usually take 3-6 months.
If you have to go to trial, you’re looking at 12-18 months. Most cases settle somewhere in the middle.
Do all drunk driving cases get punitive damages?
Not automatically, but it is common. The higher the blood alcohol, the better your chances.
Multiple DWIs? Even better.
They fled the scene? Texas juries will want to punish that. Your attorney can tell you if your case qualifies.
What proves the bar overserved?
Credit card receipts showing round after round, time stamps on receipts showing hours of drinking, surveillance video of the driver stumbling, witnesses who saw the bartender serving someone obviously drunk – it all builds the case.
Even social media posts from that night can help.
Get Every Dollar You’re Owed After a Drunk Driving Crash
We’ve handled drunk driving cases across Texas for over 30 years. Our Dallas drunk driving accident attorneys know every angle to maximize your recovery.
Contact us for a free consultation – we’ll explain all your options in plain English. No upfront costs, no hourly fees.
