Drunk Driving AccidentUpdated March 2026

Hit by a Drunk Driver in Dallas–Fort Worth?

Someone chose to drink and drive. You're paying the price. Dallas County recorded 90 fatal DUI crashes in 2024 — the second-highest of any county in Texas — while Tarrant County added another 32. Across the DFW metro, alcohol-related collisions account for roughly 16% of all traffic fatalities. If a drunk driver injured you or killed someone you love, Texas law is on your side. Here's what to do right now.

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Key Takeaways

  • Call 911 immediately and tell the dispatcher you suspect the other driver is impaired — police need to document the driver's BAC before it drops, and that evidence is one of the most powerful tools in your civil claim.
  • Texas has a strict 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003) — your civil deadline runs independently of the criminal DWI case.
  • Under Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001), fault in drunk driving cases is rarely shared — a driver with a BAC over 0.08 was breaking the law, and liability is seldom disputed.
  • Dallas County recorded 90 fatal DUI (alcohol) crashes with 102 fatalities in 2024, while Tarrant County recorded 32 fatal DUI crashes with 37 fatalities — a combined 139 people killed by drunk drivers across both counties in a single year.
  • Texas has a dram shop law (Tex. Alco. Bev. Code § 2.02) that allows you to sue a bar or restaurant that served alcohol to a visibly intoxicated person who then caused your crash — an additional avenue for compensation.
  • Most DFW drunk driving accident attorneys work on contingency with free consultations — these are among the strongest personal injury claims because liability is usually clear, but the insurance company will still fight to minimize your payout.
1

Get Medical Help and Call 911

If you've been hit by a drunk driver, call 911 immediately. Tell the dispatcher you suspect the other driver is impaired — this ensures police respond with the intention of conducting field sobriety tests and potentially a breathalyzer or blood draw at the scene.

The responding officers need to document the drunk driver's condition before it changes. Blood alcohol concentration (BAC) drops over time, and every minute matters. The police report from a DWI crash is one of the most powerful pieces of evidence in your civil claim — it captures the driver's BAC, field sobriety test results, witness statements, and the officer's own observations of impairment.

Get yourself to a hospital. Parkland Memorial Hospital in Dallas is a Level I trauma center — one of the busiest public hospitals in the nation, treating over 800 trauma patients per month. Baylor University Medical Center, Texas Health Presbyterian Hospital Dallas, and Methodist Dallas Medical Center are also Level I trauma centers in Dallas. In Fort Worth, JPS Health Network (John Peter Smith Hospital) and Texas Health Harris Methodist Fort Worth provide Level I trauma care. Drunk driving crashes tend to be high-speed, high-impact collisions — the injuries are often catastrophic. Don't wait to 'see how you feel.' Go now.

2

Tell the Police Everything You Noticed

When officers arrive, give them a complete account. If you saw the other driver swerving across lanes, running a red light, driving the wrong way, or drifting off the road before the collision, say so. If you smelled alcohol when you interacted with the driver, say that too. Every detail goes into the police report — and that report becomes a key piece of evidence in your civil claim.

The officers will handle the DWI investigation: field sobriety tests, a breathalyzer or blood draw, and potentially an arrest. A BAC result showing the driver was over 0.08 is powerful evidence of negligence that's very hard for any insurance company to argue against. Texas does not allow traditional sobriety checkpoints, but the DFW metro runs aggressive no-refusal initiatives during holidays and weekends — law enforcement obtains warrants for blood draws from drivers who refuse testing.

Wrong-way driver crashes are a recurring and deadly pattern on DFW freeways — and they are overwhelmingly linked to impaired driving. In August 2024, a drunk driver going the wrong way on an I-35W exit ramp struck and killed Fort Worth Police Sergeant Billy Randolph while he worked a crash scene — the driver later pleaded guilty to intoxication manslaughter. In November 2024, another wrong-way driver on I-30 near Henderson Street killed a 22-year-old woman. In August 2024 on I-35W near Seminary Drive, a 19-year-old drunk driver rear-ended a sedan at high speed, killing five people including two children when the car caught fire. These incidents tend to happen late at night on high-speed divided highways. If your crash involved a wrong-way or high-speed impaired driver, tell the police every detail — the direction of travel, the speed, whether the headlights were off.

3

Document the Scene and Your Injuries

If you're physically able, photograph everything. The other driver's vehicle, your vehicle, the intersection or stretch of road, traffic signals, skid marks, debris, and any visible injuries. If there are beer cans, bottles, or open containers in or around the other driver's car, photograph those too — from a safe distance. Don't touch anything in the other vehicle.

Get the other driver's name, insurance information, and license plate number. Get the names and phone numbers of any witnesses. In the chaos after a crash, people leave quickly — grab their contact info before they go.

Keep photographing your injuries over the following days and weeks. Bruising deepens. Surgical incisions scar. Casts and braces tell a visual story that medical records alone don't capture. Save every medical bill, pharmacy receipt, and record of missed work.

4

Understand Your Civil Claim Against the Drunk Driver

Your civil claim is separate from any criminal charges the driver faces. Even if the drunk driver pleads guilty to DWI, that doesn't automatically get you compensated. You have to pursue your own claim — either through the driver's insurance company or by filing a lawsuit.

Texas is an at-fault state. The drunk driver (and their insurance) is responsible for your damages: medical bills, lost wages, pain and suffering, property damage, and any long-term impacts on your life and earning capacity.

Liability in drunk driving cases is rarely disputed. A driver with a BAC over 0.08 was breaking the law, period. The fights in these cases are almost always about the size of the payout, not who caused the crash. Expect the insurance company to argue your injuries aren't as severe as you claim, that you had pre-existing conditions, or that you somehow contributed to the collision.

DFW spans two counties — Dallas County and Tarrant County — and your case will be filed in whichever county the crash occurred. Dallas County civil cases go through the George Allen Sr. Courts Building, while Tarrant County cases are handled through the Tim Curry Criminal Justice Center complex in Fort Worth. Both counties have heavy civil dockets, so timing and strategy matter.

5

Know About Texas's Dram Shop Law

Unlike many states, Texas gives you a real chance to hold the bar accountable. Under Tex. Alco. Bev. Code § 2.02, a bar, restaurant, or other alcohol provider can be held liable if they served alcohol to a person who was obviously intoxicated to the extent that the person presented a clear danger to themselves or others — and that intoxication caused your injuries.

This is a significant avenue for additional compensation, especially when the drunk driver has minimal insurance. DFW has some of the most concentrated nightlife districts in Texas — Deep Ellum in Dallas, Uptown along McKinney Avenue, Lower Greenville, the Bishop Arts District, and West 7th Street in Fort Worth all draw thousands of patrons on weekend nights. If the driver was served well past the point of visible intoxication at a DFW bar, nightclub, or restaurant before the crash, the establishment that served them may share liability.

Proving a dram shop claim requires evidence that the establishment's employees continued serving alcohol despite observable signs of intoxication. Witness testimony, surveillance footage, credit card receipts showing the volume and timing of drinks purchased, and server testimony all come into play. An experienced attorney can subpoena this evidence early, before it's deleted or discarded.

Deep Ellum has drawn particular attention from Dallas police, who began closing streets in the district on Friday and Saturday nights at 10 p.m. in response to rising safety concerns. The closures, implemented indefinitely since mid-2025, are designed to curb violence — but they also reflect the concentration of alcohol-fueled incidents in the area. West 7th in Fort Worth has seen similar patterns of late-night impairment-related crashes.

Texas also extends liability to social hosts in limited circumstances. Under Tex. Alco. Bev. Code § 2.02(c), an adult who knowingly provides alcohol to a minor (under 18) can be held liable for injuries that minor causes while intoxicated.

6

Understand What You Can Recover

Drunk driving crash victims in Texas can recover the full range of personal injury damages. Texas does not cap non-economic damages (pain and suffering) in most personal injury cases.

Medical expenses cover everything from the emergency room and ambulance ride through surgery, hospitalization, physical therapy, and any future treatment related to the crash. Drunk driving injuries tend to be severe — traumatic brain injuries, spinal cord damage, multiple fractures, internal organ injuries — because impaired drivers often hit at full speed without braking.

Lost wages include time missed from work during recovery and any long-term reduction in your earning capacity. If you can't return to the same job because of your injuries, the difference in lifetime earnings is compensable.

Pain and suffering covers the physical pain and emotional toll of the crash and recovery. Fear, anxiety, PTSD, nightmares, and the psychological impact of knowing someone chose to drink and drive are all compensable.

In drunk driving cases, Texas also allows exemplary (punitive) damages when the driver's conduct rises to gross negligence. Under Tex. Civ. Prac. & Rem. Code § 41.003, if you can show by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence, the jury can award punitive damages capped at the greater of 2x economic damages plus up to $750,000 in non-economic damages, or $200,000 (Tex. Civ. Prac. & Rem. Code § 41.008). Driving drunk is strong evidence of gross negligence.

7

Know the Statute of Limitations

You have two years from the date of the crash to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). If the drunk driver killed someone, the wrongful death statute of limitations is also two years from the date of death.

Don't confuse your civil deadline with the criminal case timeline. The criminal DWI case operates on its own schedule. Your civil claim has its own clock, and it runs whether or not the criminal case has been resolved.

If your crash involved a government vehicle or occurred on a government-maintained road, the notice deadline is much shorter: Tex. Civ. Prac. & Rem. Code § 101.101 requires formal written notice within 6 months. Missing this notice deadline can bar your claim entirely.

Two years sounds like enough time. It's often not. Medical treatment takes months. You may not know the full extent of your injuries for a year or more. Negotiations with insurance drag on. Start the process early.

8

Talk to a Personal Injury Attorney

Drunk driving crash cases are among the strongest personal injury claims because liability is usually clear. But 'strong' doesn't mean 'easy.' The insurance company's job is to pay as little as possible, even when their policyholder was legally drunk behind the wheel.

An experienced attorney can obtain the police report and BAC evidence, coordinate with the Dallas County or Tarrant County District Attorney's office on the criminal case, investigate potential dram shop claims against the establishment that served the driver, calculate your full damages (including future medical needs and lost earning capacity), and negotiate with the insurance company from a position of strength.

Most personal injury attorneys in DFW handle drunk driving crash cases on contingency — no upfront cost, and they only get paid if you recover money. A free consultation costs you nothing and tells you whether your case has value and what the process would look like.

If your injuries are serious, if the driver's insurance is offering a lowball settlement, or if someone was killed, don't try to handle this alone. These cases have real value, and the insurance company knows it.

Dallas–Fort Worth Drunk Driving Facts

90

fatal DUI (alcohol) crashes in Dallas County in 2024, resulting in 102 deaths — the second-highest county total in Texas

Texas Department of Transportation (TxDOT)

32

fatal DUI (alcohol) crashes in Tarrant County in 2024, resulting in 37 deaths

Texas Department of Transportation (TxDOT)

5,953

DWI cases filed in Tarrant County in 2023 — the county now operates a year-round no-refusal policy

Tarrant County Criminal District Attorney's Office

2 Years

statute of limitations for personal injury claims in Texas

Tex. Civ. Prac. & Rem. Code § 16.003

DFW's Drunk Driving Crisis

Dallas County recorded 90 fatal DUI (alcohol) crashes with 102 fatalities in 2024, making it the second-deadliest county in Texas for drunk driving. Tarrant County added another 32 fatal DUI crashes with 37 deaths. Combined, that's 122 fatal DUI crashes and 139 alcohol-related deaths across the two primary counties of the DFW metro in a single year. Dallas ranks among the worst major cities in the United States for drunk driving, with 6.25 fatal drunk driving accidents per 100,000 residents. Alcohol-related crashes account for approximately 16% of all traffic fatalities in Dallas. The problem is rooted in geography and infrastructure: DFW is the fourth-largest metro area in the country, sprawling across over 9,000 square miles with limited public transit outside of downtown Dallas and Fort Worth. When people go out at night in Deep Ellum, Uptown, Lower Greenville, West 7th, or the Stockyards, they're almost always driving. The distances are too large and rideshare wait times too long for many to plan a sober ride home. The result is devastating: more DWI crashes, more deaths, and more families destroyed by someone else's decision to drive after drinking.

No-Refusal Weekends and DFW DWI Enforcement

Texas does not allow traditional sobriety checkpoints — they have been deemed inconsistent with Fourth Amendment protections under Texas law. Instead, DFW law enforcement relies on no-refusal initiatives. Tarrant County operates a year-round no-refusal policy — not just holidays. Every day, if a driver refuses a breath test, officers obtain a search warrant for a mandatory blood draw. On New Year's Eve 2023 alone, Tarrant County arrested 47 people for DWI in a single night. The Tarrant County Criminal DA's office filed 5,953 DWI cases in 2023. Dallas participates in statewide holiday no-refusal weekends coordinated between DPD and the Dallas County DA's office. High-risk corridors for DWI crashes in DFW overlap with the metro's most-traveled roadways: I-35E, I-30, I-635 (LBJ Freeway), I-20, US-75 (Central Expressway), and I-35W through Fort Worth. Late-night crashes on these corridors disproportionately involve impaired drivers. Wrong-way driver incidents — almost always linked to alcohol impairment — are a recurring and deadly pattern on DFW's divided highways. In August 2024, a wrong-way driver on I-35W struck and killed Fort Worth Police Sergeant Billy Randolph while he worked a crash scene. In November 2024, another wrong-way driver on I-30 near Henderson Street killed a 22-year-old woman and injured others. The most dangerous times for DWI crashes are Saturday and Sunday mornings between 2:00 and 3:00 AM, and December is the deadliest month statewide for impaired driving collisions.

Your Civil Case vs. the Criminal Case — How They Work Together

After a drunk driving crash in DFW, two legal tracks run at the same time. The criminal case is the State of Texas vs. the drunk driver. The Dallas County or Tarrant County District Attorney's office decides whether to charge the driver with DWI, Intoxication Assault (a third-degree felony if someone is seriously injured), or Intoxication Manslaughter (a second-degree felony carrying 2 to 20 years in prison if someone dies). You don't control the criminal case. You're a witness, not a party. Your civil case is separate. It's you vs. the drunk driver and their insurance company, and you're seeking money for your injuries and losses. The standard of proof is lower — preponderance of the evidence rather than beyond a reasonable doubt. With BAC evidence on your side, meeting that standard is usually straightforward. Evidence from the criminal investigation is usable in your civil case: BAC test results, field sobriety tests, toxicology reports, dashcam footage, body camera video, and witness statements. If the driver pleads guilty or is convicted of DWI, that conviction can be introduced as evidence of negligence. Texas also allows a DWI conviction to support a claim for exemplary (punitive) damages under Tex. Civ. Prac. & Rem. Code § 41.003. Your attorney can coordinate with the DA's office to access this evidence. Start your civil claim early so your attorney can track the criminal case and use its evidence as it becomes available.

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Drunk Driving Accident FAQ — Dallas–Fort Worth & Texas

Yes. You can file a civil lawsuit or insurance claim against the drunk driver for your injuries and damages. Texas is an at-fault state, and a driver operating with a BAC of 0.08 or higher was breaking the law. Your civil claim is separate from any criminal charges the driver faces.

Two years from the date of the crash for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003). If the crash was fatal, the wrongful death statute of limitations is also two years from the date of death. Claims against government entities require formal written notice within 6 months (Tex. Civ. Prac. & Rem. Code § 101.101).

Yes, in many cases. Texas's dram shop law (Tex. Alco. Bev. Code § 2.02) allows you to sue a bar, restaurant, or other alcohol provider that served alcohol to a person who was obviously intoxicated to the extent they were a clear danger — and that intoxication caused your injuries. You'll need evidence of visible intoxication at the time of service, such as witness testimony, surveillance footage, or transaction records.

No. The criminal DWI case and your civil claim are independent proceedings. You can pursue your civil claim immediately. Starting early often helps — evidence is fresher, witnesses are easier to locate, and you establish your claim before the statute of limitations becomes an issue.

Medical expenses (current and future), lost wages and lost earning capacity, pain and suffering, emotional distress, and property damage. Texas does not cap non-economic damages in most personal injury cases. In drunk driving cases, you may also be eligible for exemplary (punitive) damages if the driver's conduct constitutes gross negligence (Tex. Civ. Prac. & Rem. Code § 41.003).

Yes. A DWI conviction can be introduced as evidence of negligence in your civil lawsuit. BAC test results, field sobriety test results, and the police report are also admissible. A conviction makes it very difficult for the insurance company to dispute fault and can support a claim for punitive damages.

Your uninsured motorist (UM) coverage would apply if you carry it. Texas does not require UM coverage, but it is strongly recommended. An estimated 14% of Texas drivers are uninsured. If the drunk driver has no insurance or insufficient coverage, your own UM/UIM policy and a potential dram shop claim against the bar that served them may be your best paths to compensation.

Yes. Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001) applies. Your recovery is reduced by your percentage of fault. If you're found 51% or more at fault, you recover nothing. In drunk driving cases, fault is rarely shared — the drunk driver is typically found entirely or overwhelmingly responsible.

Yes. Texas allows exemplary (punitive) damages when the defendant's conduct amounts to gross negligence, fraud, or malice (Tex. Civ. Prac. & Rem. Code § 41.003). Driving while intoxicated is strong evidence of gross negligence. Punitive damages are capped at the greater of 2x economic damages plus up to $750,000 in non-economic damages, or $200,000 (Tex. Civ. Prac. & Rem. Code § 41.008).

DFW spans two primary counties: Dallas County (covering Dallas and eastern suburbs) and Tarrant County (covering Fort Worth, Arlington, and western suburbs). The county where the crash occurred determines which court system handles your case and which DA's office prosecutes the criminal DWI case. Dallas County civil cases go through the George Allen Sr. Courts Building, while Tarrant County cases are handled in Fort Worth. Your attorney can determine the correct jurisdiction.

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