When a drunk driver causes a crash in Texas, the intoxicated driver is usually the first party whose conduct is examined. The driver may not be the only potential source of compensation. Depending on the facts, liability or insurance coverage may also involve a bar or restaurant, an employer, a vehicle owner, or uninsured or underinsured motorist coverage.
If you were injured in Houston, Harris County, or a nearby Texas community, identifying every potentially responsible party and every available insurance policy can affect how your claim is evaluated. Bowen Law Firm, PLLC helps injured people investigate responsibility, preserve evidence, and understand which sources of compensation may apply.
Learn more about the firm’s personal injury practice:
Who Usually Pays After a Texas Drunk Driving Crash?
The at-fault driver is usually the starting point in a Texas drunk driving accident claim. If the driver has automobile liability insurance, a claim will often begin with that insurer.
The insurer may be responsible for covered damages up to the applicable policy limits. The existence of a policy does not mean the insurer will automatically accept every part of the claim or pay the full amount requested.
An insurance company may dispute:
- Who caused the collision
- Whether certain injuries resulted from the crash
- Whether medical treatment was necessary
- How much income you lost
- Whether future treatment will be needed
- Whether you contributed to the collision
- Whether the claimed losses are covered by the policy
For serious injuries, the at-fault driver’s liability coverage may not be enough to address all covered losses. That is one reason a thorough investigation should identify other potentially responsible parties and other available insurance coverage.
More than one responsible party or insurance policy may apply after a drunk driving crash. A complete investigation can help identify those additional sources.
Can a Bar or Restaurant Be Responsible?
Texas law allows certain claims against businesses that provide alcohol to obviously intoxicated customers.
Under Section 2.02 of the Texas Alcoholic Beverage Code, a provider may be liable when it was apparent to the provider that a person was obviously intoxicated to the extent that the person presented a clear danger to himself or herself and others, and the person’s intoxication was a proximate cause of the damages.
This type of case is commonly called a dram shop claim.
A successful dram shop claim generally requires more than proof that the driver consumed alcohol at a bar or restaurant. The evidence must address the driver’s condition when alcohol was served and whether the intoxication contributed to the later collision.
Evidence in a dram shop investigation may include:
- Bar tabs and credit card receipts
- Surveillance footage
- Witness statements
- Server and bartender testimony
- Alcohol purchase records
- Toxicology evidence
- Police reports
- Cell phone or location records when legally available
Time can matter because surveillance footage may be overwritten, business records may be discarded under ordinary retention practices, and witnesses may become harder to locate.
Can Someone Who Provided Alcohol to a Minor Be Liable?
Texas law also creates a limited form of liability involving alcohol provided to minors.
An adult age 21 or older may be liable for damages caused by the intoxication of a person under age 18 when specific statutory requirements are met. The law generally applies when the adult is not the minor’s parent, guardian, spouse, or court-appointed custodian and the adult knowingly provided alcohol or allowed alcohol to be provided on property the adult owned or leased.
This rule does not make every private host responsible whenever an adult guest becomes intoxicated. The age of the intoxicated person, who supplied the alcohol, and where the alcohol was provided can affect whether this form of liability applies.
Can the Drunk Driver’s Employer Be Responsible?
An employer may sometimes be responsible when an employee causes a crash while acting within the course and scope of employment.
For example, the issue may arise when an employee is making a delivery, driving between job sites, traveling for a work assignment, or performing another business-related task at the time of the crash. Whether the employer can be held responsible depends on the specific facts surrounding the employee’s duties and the purpose of the trip.
Separate claims involving negligent hiring, supervision, retention, or entrustment may also be alleged in some cases, but those theories are fact-specific and do not apply automatically.
An employer is not responsible merely because the intoxicated driver had a job or was operating a company vehicle. The investigation may need to examine:
- The purpose of the trip
- The employee’s assigned duties
- Whether the employee was furthering the employer’s business
- Who owned or controlled the vehicle
- What the employer knew about the employee or vehicle use
- Whether other independent negligence theories are supported by the evidence
When several parties dispute responsibility, the firm’s litigation practice may also be relevant:
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Can the Vehicle Owner Be Liable?
Sometimes the intoxicated driver does not own the vehicle involved in the crash.
Texas negligent entrustment principles may become relevant when a vehicle owner allows an unsafe or incompetent driver to use a vehicle and that decision contributes to a collision.
The facts may include whether the owner knew or should have known about:
- Prior unsafe driving
- Licensing problems
- Intoxication
- A history of reckless driving
- Other circumstances that made entrusting the vehicle unreasonable
Vehicle ownership by itself does not establish liability. The investigation must focus on what the owner knew and whether entrusting the vehicle contributed to the injury.
What If the Drunk Driver Does Not Have Enough Insurance?
A serious injury claim can become more difficult when the drunk driver has little liability insurance or no applicable liability insurance.
Your own automobile policy may include uninsured or underinsured motorist coverage. Texas law generally requires insurers to offer this coverage unless the named insured rejects it in writing.
Uninsured motorist coverage may apply when the at-fault driver has no applicable liability insurance. Underinsured motorist coverage may become relevant when the responsible driver has liability insurance but the available limits are not enough to cover the losses that are legally recoverable and covered under the policy.
Coverage questions can depend on:
- Who qualifies as an insured
- Which vehicle was involved
- Policy exclusions and limitations
- Whether a valid written rejection exists
- The amount of available liability coverage
- The types of damages being claimed
The presence of uninsured or underinsured motorist coverage can be especially important after a serious drunk driving collision.
Does a Criminal DWI Case Decide the Civil Claim?
No. A criminal DWI case and a civil personal injury claim are separate legal matters.
A criminal prosecution focuses on whether the state can prove that the driver committed a criminal offense. A civil claim focuses on whether a person or business is legally responsible for compensating someone who suffered harm.
A civil claim may still exist even when criminal charges are reduced, dismissed, or never filed. The outcome of a criminal case does not automatically determine the outcome of a civil claim.
Evidence developed during a criminal investigation may still become relevant in the civil case. That evidence may include:
- Police reports
- Officer observations
- Breath or blood test results
- Body camera or dash camera footage
- Surveillance footage
- Witness testimony
For more information about Texas drunk driving injury claims:
What Damages May Be Available?
Compensation after a Texas drunk driving crash depends on the facts of the individual case and the damages that can be legally proven.
Potential damages may include:
- Past medical expenses
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
- Property damage
In some cases, exemplary damages may also become an issue.
Texas Civil Practice and Remedies Code Section 41.003 generally requires clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence before exemplary damages may be awarded.
Exemplary damages are not automatic because alcohol was involved. The evidence must satisfy the applicable legal standard.
What If the Insurance Company Says You Were Partly at Fault?
Texas follows a proportionate responsibility system.
Under Texas Civil Practice and Remedies Code Section 33.001, a claimant may not recover damages when the claimant’s percentage of responsibility is greater than 50 percent.
If you are found 50 percent or less responsible, the amount of damages you may recover can be reduced by your assigned percentage of responsibility.
An insurer may argue that you were speeding, distracted, following too closely, failed to take reasonable evasive action, or otherwise contributed to the crash.
Those arguments should be evaluated against available evidence, which may include:
- Crash photographs
- Police reports
- Vehicle damage
- Witness statements
- Traffic camera or business surveillance footage
- Electronic vehicle data
- Cell phone records when relevant and legally obtainable
- Expert analysis when appropriate
For more information about negligence and fault in Texas crashes:
How Long Do You Have to Bring a Texas Drunk Driving Accident Claim?
Texas generally gives an injured person two years from the date a personal injury cause of action accrues to file suit.
Exceptions can apply, so a deadline should not be assumed without reviewing the facts of the specific case.
The practical need to investigate often arises much sooner than the filing deadline. Evidence can disappear long before two years have passed.
For example:
- A bar may overwrite surveillance footage
- An employer may dispose of records under ordinary retention practices
- Witnesses may move or forget details
- Vehicles may be repaired, sold, or destroyed
- Electronic data may not remain available indefinitely
Preserving evidence promptly can make a meaningful difference in evaluating a claim.
What Should You Do After a Crash With a Suspected Drunk Driver?
Your first priority should be your health and safety. After immediate medical needs have been addressed, preserving information can help document what happened.
Useful steps may include:
- Follow medical recommendations
- Keep copies of medical and insurance records
- Save photographs and video from the crash scene
- Preserve repair estimates and damaged property
- Write down what you remember while the events are fresh
- Keep letters, emails, and other correspondence from insurance companies
- Record the names and contact information of witnesses
- Identify where the driver may have been drinking, if known
- Avoid discarding documents, photographs, damaged items, or other potential evidence
You do not need to identify every potentially responsible party by yourself.
A legal investigation can examine the driver, applicable insurance policies, vehicle ownership, employment relationships, alcohol service, and other circumstances surrounding the collision.
Talk With a Houston Personal Injury Attorney
A drunk driving crash can leave you facing medical expenses, missed work, vehicle damage, and uncertainty about who may be responsible for your losses.
Bowen Law Firm, PLLC helps clients in Houston, Harris County, and nearby Texas communities evaluate personal injury claims and identify potential sources of responsibility and insurance coverage. Depending on the facts, that analysis may include liability insurance, additional defendants, uninsured or underinsured motorist coverage, vehicle ownership, employment relationships, and evidence related to alcohol service.
If you were injured in a crash involving a suspected drunk driver, contact Bowen Law Firm, PLLC to discuss your circumstances and legal options.
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
