Injured by a drunk driver in Austin, TX? Learn your legal rights, how to file a claim, and how an Austin personal injury lawyer can help you recover compensation.
Every year, hundreds of Austin residents are injured, some catastrophically, by intoxicated drivers on roads like I-35, MoPac, 6th Street, and Riverside Drive. If you or someone you love has been hurt in a drunk driving accident, understanding your legal rights is the first step toward recovering physically, emotionally, and financially.
This guide breaks down what happens after a drunk driving accident in Austin, Texas — and how to protect your right to compensation.
1. Immediate Steps After the Accident
If you've been injured by a drunk driver in Austin, what you do in the first 24-48 hours can significantly affect your health and your legal claim.
Do This First:
- Call 911: Get medical help and ensure police respond to the scene
- Get medical treatment immediately: even if injuries seem minor (some injuries, like concussions or internal bleeding, aren't immediately obvious)
- Document the scene: photos of vehicles, license plates, skid marks, and visible injuries
- Get the police report number: this will include the officer's observations about the other driver's intoxication
- Get witness information: names and phone numbers of anyone who saw the crash
- Avoid discussing fault: don't apologize or speculate about what happened, even out of shock
Local tip: Austin Police Department (APD) handles most crash reports within city limits, while Texas DPS or county sheriff's offices may respond to accidents on highways like I-35 or in unincorporated areas of Travis County.
2. How Texas Law Treats Drunk Driving Accidents
Texas defines intoxication as having a “blood alcohol concentration (BAC) of 0.08% or higher”, or not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both (Texas Penal Code § 49.01). That’s three different ways to show intoxication.
When a drunk driver injures someone, they can face:
Criminal charges including DWI, Intoxication Assault, or Intoxication Manslaughter if someone dies, and civil liability for the victim's injuries, medical bills, lost wages, and pain and suffering.
These two legal processes run separately, and it's important to understand how they interact.
3. Criminal Case vs. Civil Case: What's the Difference?
Many injury victims are surprised to learn that the criminal case against the drunk driver and their own personal injury case are two completely different legal proceedings.
Why This Matters for You
Even if the driver is convicted or pleads guilty in criminal court, that does not automatically get you compensation. You must file your own civil personal injury claim to recover damages.
On the flip side, even if the driver is acquitted or the charges are reduced, you may still be able to win your civil case, because the burden of proof is lower.
A criminal conviction can serve as powerful evidence in your civil case, but it's not required to win.
4. What Compensation Can You Recover?
If you're injured by a drunk driver in Austin, Texas law allows you to pursue compensation for both economic and non-economic damages, including:
Economic Damages
- Medical expenses (past and future)
- Lost wages and loss of future earning capacity
- Rehabilitation and physical therapy costs
- Property damage (vehicle repair/replacement)
- Out-of-pocket expenses related to your recovery
Non-Economic Damages
- Pain and suffering
- Mental anguish
- Physical impairment and disfigurement
- Loss of enjoyment of life
Punitive (Exemplary) Damages
Because drunk driving involves reckless or grossly negligent conduct, Texas law may also allow punitive damages as additional compensation intended to punish the driver and deter future misconduct. This is significant because ordinary negligence cases (like simple distracted driving) often don't qualify for punitive damages, but intoxication-related crashes frequently do.
5. Can You Sue More Than Just the Drunk Driver?
Yes. In many drunk driving accident cases, the driver isn't the only liable party.
Texas Dram Shop Act
Under the Texas Dram Shop Act (Tex. Alco. Bev. Code § 2.02), a bar, restaurant, or club can be held liable if:
- They served alcohol to someone who was obviously intoxicated, and
- It was reasonably apparent the person posed a danger to themselves or others.
This means if a bar on Rainey Street or 6th Street continued serving a visibly intoxicated patron who then got behind the wheel and caused a crash, that establishment could share liability for your injuries.
Social Host Liability
Texas also allows liability against adults who knowingly serve alcohol to minors who later cause an accident. This is an important consideration in cases involving underage drinking.
Identifying all potentially liable parties is one of the most valuable things a personal injury attorney can do for your case, and it can significantly increase the total compensation available.
6. How Long Do You Have to File a Claim?
In Texas, the statute of limitations for personal injury claims is generally 2 years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003).
Why Acting Quickly Matters
- Evidence disappears (surveillance footage gets overwritten, witness memories fade)
- Police reports and toxicology results may take time to obtain
- Insurance companies often use delay tactics — waiting can weaken your leverage
- If a dram shop claim is involved, some elements have shorter evidentiary windows
Missing the statute of limitations deadline generally means losing your right to sue entirely, regardless of how strong your case is.
7. Why You Need an Austin Personal Injury Lawyer
Drunk driving accident cases often involve overlapping criminal and civil proceedings, multiple insurance companies, and sometimes dram shop liability claims, thereby making them more complex than a standard car accident case.
An experienced Austin personal injury attorney can:
- Obtain and analyze the police report and BAC/toxicology results
- Coordinate with (but remain independent from) the criminal prosecution
- Identify all liable parties, including bars or restaurants under dram shop laws
- Negotiate with insurance companies who often try to minimize payouts
- Calculate the full value of your damages, including future medical needs
- Take your case to trial if a fair settlement isn't offered
Frequently Asked Questions
Do I need to wait until the criminal case is over to file my civil claim?
No. You can typically file a civil personal injury claim regardless of the status of the criminal case, though your attorney may strategically time certain actions based on developments in the criminal proceeding.
What if the drunk driver has no insurance or limited insurance?
You may be able to recover through your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it. This is one of the most important, and often overlooked coverages Texas drivers can carry.
Can I still recover damages if I was partially at fault?
Yes. Texas follows a modified comparative negligence rule, you can recover damages as long as you're found less than 51% at fault, though your compensation will be reduced by your percentage of fault.
What if the drunk driver was arrested for Intoxication Manslaughter because someone died?
In wrongful death cases, surviving family members may file a wrongful death claim, in addition to (or instead of) a personal injury claim, depending on the circumstances.
How much does it cost to hire a personal injury lawyer in Austin?
Most personal injury attorneys, including our firm, work on a contingency fee basis, meaning you pay nothing upfront, and legal fees are only collected if you recover compensation.
Injured by a Drunk Driver in Austin? We're Here to Help.
If you or a loved one has been injured by a drunk driver in Austin or anywhere in Travis County, you don't have to navigate this process alone. Our firm has experience on **both sides** of DWI and intoxication-related cases — giving us unique insight into how these cases are built, defended, and won.
Contact us today for a free, confidential consultation. Let us help you understand your rights and fight for the compensation you deserve.