Hit by a Drunk Driver in Dallas-Fort Worth: Your Legal Options

Call 911 immediately. Tell the dispatcher you suspect the other driver is intoxicated — mention any signs you observe: slurred speech, the smell of alcohol, difficulty standing, erratic behavior, or open containers in the vehicle. This prompts police to conduct a DWI investigation at the scene, including field sobriety tests and a breathalyzer or blood draw.

Stay at the scene and keep a safe distance from the other driver. Intoxicated drivers can be unpredictable and aggressive. Do not confront them about their drinking. Let police handle the investigation. If the driver attempts to leave, note their vehicle description, license plate, and direction of travel and relay this to the 911 dispatcher.

When police arrive, provide your statement of events. Mention anything you observed about the driver's behavior before the crash — swerving, running red lights, driving the wrong way, speeding erratically. Ask the officer for the crash report number and the name of the investigating officer.

Your observations at the scene are powerful evidence. If you can safely do so, note and photograph any signs of intoxication: open containers of alcohol in or around the other vehicle, bloodshot or glassy eyes, slurred speech (your written notes about what you heard are valuable), the smell of alcohol, difficulty walking or standing, and any statements the driver makes about drinking.

Photograph everything: vehicle damage, the scene layout, the other driver's vehicle interior (if you can see open containers from the outside), and any debris. Dashcam footage capturing the other driver's erratic driving before impact is especially valuable.

Get witness contact information. Witnesses who saw the other driver's behavior before the crash — swerving across lanes, ignoring signals — or who observed signs of intoxication at the scene can provide critical testimony.

Drunk driving crashes tend to produce more severe injuries than other types of accidents because intoxicated drivers often fail to brake or swerve before impact. They hit at full speed. Common injuries include traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, and chest injuries.

Accept EMS transport to the hospital or go to an emergency room immediately. DFW Level I trauma centers include Parkland Memorial Hospital and JPS Health Network in Fort Worth. Tell the doctors you were hit by a suspected drunk driver and describe every symptom. Follow all treatment recommendations without exception.

Keep detailed records of every medical visit, test, procedure, and prescription. Save every bill and receipt. In a drunk driving case where punitive damages are available, thorough documentation of your injuries strengthens the case for maximum compensation.

Texas allows punitive damages — called exemplary damages — in cases involving gross negligence, fraud, or malice (Tex. Civ. Prac. & Rem. Code Section 41.003). Driving while intoxicated is considered gross negligence in most cases because the driver consciously chose to drive drunk, knowing the extreme risk to others.

Punitive damages are separate from your actual damages (medical bills, lost wages, pain and suffering). They are designed to punish the drunk driver and deter others. Texas caps punitive damages at the greater of $200,000 or two times the amount of economic damages plus the amount of non-economic damages (up to $750,000 in non-economic damages) (Section 41.008).

To recover punitive damages, you must prove by clear and convincing evidence that the driver acted with gross negligence. A blood alcohol concentration (BAC) well above the 0.08 legal limit, a history of DWI convictions, or extreme recklessness (wrong-way driving, excessive speed while intoxicated) strengthens the punitive damage claim.

Texas has a dram shop law (Texas Alcoholic Beverage Code Section 2.02) that can hold alcohol-serving establishments liable when they serve a visibly intoxicated person who then causes an accident. If the drunk driver who hit you was overserved at a bar, restaurant, or club before the crash, that establishment may owe you damages.

To succeed on a dram shop claim, you must show that the establishment served alcohol to a person who was obviously intoxicated to the extent that they presented a clear danger to themselves and others, and that the overservice was a proximate cause of your injuries. Surveillance footage from the bar, receipts showing how much the driver consumed, witness testimony from other patrons or staff, and the driver's BAC at the time of the crash are all relevant evidence.

Dram shop claims are valuable because bars and restaurants carry commercial liability insurance with limits far exceeding the drunk driver's personal auto policy. In the DFW entertainment scene — Deep Ellum, Uptown Dallas, Lower Greenville, West 7th in Fort Worth, Sundance Square — dram shop claims are not uncommon. Act quickly because bars may overwrite surveillance footage within days.

The drunk driver will likely face criminal DWI charges through the Dallas County or Tarrant County District Attorney's office. This criminal case is separate from your civil personal injury claim. You do not need to wait for the criminal case to conclude before pursuing your civil claim.

However, the criminal case can help your civil claim. A DWI conviction or guilty plea establishes that the driver was intoxicated. BAC test results from the criminal case are admissible in your civil case. Statements the driver made to police may also be usable. Your attorney can monitor the criminal case and use its evidence strategically.

Even if criminal charges are dropped or reduced (sometimes to a lesser charge like reckless driving), your civil claim is not affected. The burden of proof in a civil case is lower — preponderance of the evidence versus beyond a reasonable doubt. You can still prove the driver was drunk even without a criminal conviction.

The statute of limitations for personal injury claims in Texas is 2 years from the date of injury (Tex. Civ. Prac. & Rem. Code Section 16.003). Wrongful death claims also have a 2-year deadline. If a government employee was driving drunk (rare but it happens), you must file notice within 6 months under the Texas Tort Claims Act (Section 101.101).

For dram shop claims against bars and restaurants, the same 2-year statute applies. But evidence in dram shop cases — surveillance footage, receipt records, server memories — degrades quickly. File your claim and start the investigation as soon as possible.

Injured by a drunk driver in Dallas-Fort Worth? Take our free 2-minute assessment. Answer a few questions about the crash, your injuries, and the circumstances, and we will provide a personalized report covering your claim — including punitive damage potential, dram shop liability, and expected recovery — and connect you with a DFW attorney who handles drunk driving victim cases.

Being hit by a drunk driver is one of the most enraging things that can happen on the road. You were driving safely, and someone who chose to drive intoxicated ruined your day, your health, and possibly your livelihood. Texas law takes drunk driving seriously — both criminally and civilly. Use every tool the law gives you. Start with the assessment.