This Blog was published by Carabin Shaw Personal Injury Lawyers - San Antonio Car Accident Attorneys
Despite strict laws and widespread public awareness campaigns, drunk driving continues to claim thousands of lives on Texas roads every year. According to the Texas Department of Transportation, alcohol-related crashes account for roughly one-quarter of all traffic fatalities in the state. Behind each of those statistics is a family that has been shattered by a choice that should never have been made. If you or someone you love has been injured or killed by an intoxicated driver, you have legal rights that extend beyond what most people realize. The car accident lawyers in Houston at Carabin Shaw have extensive experience handling drunk driving accident cases across Texas. These car accident attorneys understand the unique legal avenues available to victims of impaired drivers, and they fight aggressively to make sure those responsible are held fully accountable.
Drunk driving cases differ from typical car accident claims in several important ways. The fact that the at-fault driver was intoxicated can open the door to punitive damages, dram shop liability, and potentially even criminal restitution in addition to standard injury compensation. The car accident attorneys in Austin at Carabin Shaw have the legal knowledge to pursue every available source of recovery for their clients. When a car accident is caused by a drunk driver, experienced car accident lawyers know how to leverage the criminal case, toxicology evidence, and bar or restaurant liability to maximize the financial recovery for injured victims and grieving families.
No amount of money can undo the damage caused by a drunk driver, but holding the responsible parties accountable serves an important purpose. It forces those who made deadly decisions to face real consequences, and it helps victims access the resources they need to rebuild their lives. Car accident lawyers who handle drunk driving cases play a critical role in delivering that accountability and that justice.
Texas law sets the legal blood alcohol concentration limit at 0.08 percent for adults and zero tolerance for drivers under 21. Commercial vehicle operators face a lower limit of 0.04 percent. Driving while intoxicated is a criminal offense that carries penalties ranging from fines and license suspension to years in prison, depending on the circumstances and prior offenses.
However, the criminal case against a drunk driver is separate from the civil case that an injured victim can file. Even if the intoxicated driver receives probation or reduced charges in criminal court, the victim still has the right to pursue full compensation through a personal injury lawsuit. The burden of proof in civil cases is lower than in criminal proceedings, which means injured parties can sometimes recover damages even when the criminal prosecution falls short.
One of the most significant differences between a standard car accident case and a drunk driving case is the availability of punitive damages. Texas law allows courts to award punitive damages when the at-fault party's actions were grossly negligent, reckless, or malicious. Choosing to drive while intoxicated is precisely the type of behavior that justifies punitive damages.
Punitive damages go beyond compensating the victim for their losses. They are designed to punish the wrongdoer and send a message that this kind of reckless behavior will not be tolerated. While Texas caps punitive damages, the additional compensation can be substantial and can make a meaningful difference in a victim's financial recovery.
Texas has what is known as a dram shop law, which allows victims of drunk driving accidents to hold bars, restaurants, and other alcohol-serving establishments liable if they over-served the intoxicated driver. Under Chapter 2 of the Texas Alcoholic Beverage Code, a commercial provider of alcohol can be held responsible if they served alcohol to a person who was obviously intoxicated to the extent that they presented a clear danger to themselves and others.
This additional source of liability is important because drunk drivers often lack sufficient insurance coverage or personal assets to fully compensate their victims. A dram shop claim brings a well-insured business into the case, significantly increasing the pool of available compensation.
Proving a dram shop claim requires specific evidence, including bar tabs, credit card receipts, server testimony, and sometimes surveillance footage showing the intoxicated person's visible level of impairment at the time they were served. A skilled legal team knows how to gather this evidence quickly before it disappears.
Texas also allows victims to pursue claims against social hosts who provide alcohol to minors. If a party host knowingly serves alcohol to a person under 18 who then causes a drunk driving accident, the host can be held financially responsible for resulting injuries and deaths.
Unlike commercial establishments, social hosts who serve alcohol to adults generally do not face liability under Texas law, even if the guest was visibly intoxicated. This distinction makes it especially important to identify all potential defendants early in the legal process.
Drunk driving cases often produce stronger evidence than typical car accident claims. Breathalyzer and blood test results provide objective proof of impairment. Police reports from DUI arrests typically contain detailed observations about the driver's behavior, speech, coordination, and appearance. Dashcam and bodycam footage from the traffic stop and arrest can powerfully demonstrate the driver's level of intoxication.
Criminal court records, including guilty pleas and convictions, can be used as evidence in the civil case. Bar receipts, credit card statements, and witness testimony from the establishment where the driver was drinking help establish the timeline of alcohol consumption and support dram shop claims.
Drunk driving accidents often produce catastrophic injuries including traumatic brain injuries, spinal cord damage, severe burns, amputations, and wrongful death. The emotional toll on victims and their families is immense. Survivors may struggle with post-traumatic stress, depression, anxiety, and anger knowing that their suffering was entirely preventable.
The car accident lawyers at Carabin Shaw understand both the legal and human dimensions of these cases. They handle every drunk driving case with the seriousness and compassion it deserves while pursuing the maximum compensation available under Texas law. If a drunk driver has impacted your life, contact Carabin Shaw for a free consultation and let them fight to hold every responsible party accountable.
