Drunk driver crashes: what makes these cases different

A drunk driving crash is not a normal “fender bender” case. These cases often involve serious injuries, aggressive defenses, and a second track running at the same time: the criminal case.

What makes a drunk driver case different

There’s often a criminal investigation

Breath or blood testing, officer observations, and bodycam footage may exist. The civil case can benefit from that evidence, but it doesn’t automatically fall into your lap.

Insurance coverage can be tricky

Some drunk drivers have minimum limits. Some have no insurance. Others may be in an employer vehicle. Strategy changes once you know the available coverage.

Punitive damages may be on the table

In Texas, exemplary damages are governed by Chapter 41 of the Civil Practice and Remedies Code, and the general cap formula is in Section 41.008.

Punitive damages are not automatic. They typically require proof beyond ordinary negligence and the facts must support that higher standard.

Why we investigate financial and insurance angles early

If the driver has low limits, you may need to look at UM/UIM coverage, third-party liability, or other coverage paths.

Dram shop claims may apply in some cases

Texas Alcoholic Beverage Code Section 2.02 allows a claim against an alcohol provider when it was apparent the person was obviously intoxicated to the extent they presented a clear danger, and that intoxication was a proximate cause of the damages.

What evidence matters in dram shop cases

• Receipts and timestamps

• Surveillance video and witness accounts

• Server observations and incident reports

• Proof of obvious intoxication

Evidence that matters most in drunk driving injury claims

• Police reports and DWI file materials

• Toxicology results and chain of custody

• Bodycam, dashcam, and surveillance video

• Witness statements and 911 calls

How The Wooley Law Firm helps

We coordinate the civil strategy with the evidence coming out of the criminal side, preserve third-party evidence quickly, and build the strongest coverage path available. If you were hit by a drunk driver in Dallas, contact The Wooley Law Firm. Free consultation. You do not pay unless we win. Call (214) 699-6524.

Frequently asked questions

Do I have to wait for the criminal case to finish?

Not necessarily. The civil claim has its own deadlines and evidence concerns.

Can I sue the bar that served the driver?

Sometimes. Texas dram shop law has specific proof requirements, including obvious intoxication and causation.

Are punitive damages guaranteed in a drunk driving crash?

No. They depend on the facts and proof, and Texas law imposes rules on exemplary damages.

This article is for general information only and is not legal advice. Every case is different.