Hit by a Drunk Driver in San Antonio: Your Rights to Compensation

Call 911 immediately. If you suspect the other driver is intoxicated — slurred speech, alcohol odor, unsteady on their feet, erratic driving before the crash — tell the dispatcher. This ensures law enforcement arrives prepared to conduct field sobriety tests and potentially a blood or breath test. Under Texas implied consent law (Tex. Trans. Code 724.011), drivers arrested for DUI must submit to blood or breath testing.

Stay at the scene and do not confront the drunk driver. Intoxicated individuals can be unpredictable. Wait for law enforcement to arrive. The responding officer will document signs of intoxication in the crash report — this report becomes a key piece of evidence in your civil case.

If anyone is seriously injured, request EMS. University Hospital is San Antonio's only civilian Level I trauma center. Brooke Army Medical Center (BAMC) at Fort Sam Houston also accepts civilian emergencies. Drunk driving crashes often produce severe injuries because the impaired driver typically fails to brake or take evasive action before impact.

Photograph everything at the scene: vehicle damage, skid marks (or the absence of skid marks — drunk drivers often fail to brake), road conditions, and any visible injuries. If you can safely photograph the other driver's condition — bloodshot eyes, open containers in the vehicle, unsteady posture — do so from a safe distance.

Look for open containers, empty bottles, or alcohol-related items in or around the other driver's vehicle. Note these details and share them with the responding officer. Texas has an open container law (Tex. Penal Code 49.031) — possessing an open container of alcohol in the passenger area of a vehicle is a Class C misdemeanor.

Get contact information from every witness. Witnesses who observed the other driver swerving, running red lights, or driving erratically before the crash can provide powerful testimony. Also note the name and badge number of the responding officer and ask which station will hold the crash report.

The criminal DUI case and your civil personal injury case are two separate proceedings. The criminal case is prosecuted by the Bexar County District Attorney's office and punishes the drunk driver for breaking the law. Your civil case is a lawsuit you file (or settle through insurance) to recover compensation for your injuries and damages.

The burden of proof differs. In the criminal case, the prosecution must prove guilt beyond a reasonable doubt. In your civil case, you must prove fault by a preponderance of the evidence — meaning more likely than not. This is a significantly lower standard. You do not need a criminal conviction to win your civil case. Even if the criminal charges are dropped or the driver is acquitted, you can still recover civil damages.

However, a criminal conviction helps your civil case enormously. If the driver is convicted of DWI or intoxication assault, the conviction is strong evidence of negligence. The police report, blood alcohol test results, and testimony from the criminal case can all be used in your civil lawsuit.

Texas allows exemplary (punitive) damages in personal injury cases where the defendant's conduct involves fraud, malice, or gross negligence (Tex. Civ. Prac. & Rem. Code 41.003). Driving drunk is a textbook example of gross negligence — the conscious disregard of an extreme risk of harm to others. Courts have consistently held that drunk driving supports exemplary damage claims.

Exemplary damages are separate from your compensatory damages (medical bills, lost wages, pain and suffering). They are designed to punish the wrongdoer and deter similar conduct. Under Tex. Civ. Prac. & Rem. Code 41.008, exemplary damages in Texas are capped at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages up to $750,000. For serious drunk driving injuries, this can add hundreds of thousands of dollars to your recovery.

To recover exemplary damages, you must prove gross negligence by clear and convincing evidence — a higher standard than preponderance but lower than beyond a reasonable doubt. A BAC test result well above the legal limit of 0.08, prior DUI convictions, or especially reckless behavior (wrong-way driving, excessive speed while drunk) strengthen the exemplary damages claim.

Texas has dram shop liability under Tex. Alc. Bev. Code 2.02. If the drunk driver was served alcohol at a bar, restaurant, or other licensed establishment, that establishment may be liable for your damages if they served the driver when the driver was obviously intoxicated to the extent that they presented a clear danger to themselves and others, or if they served a minor.

Dram shop claims add a deep-pocket defendant to your case. While the drunk driver may have limited insurance and personal assets, the bar or restaurant typically has commercial liability insurance and business assets. San Antonio's entertainment districts — downtown along the River Walk, the Pearl Brewery area, St. Mary's Strip, Southtown, and the Stone Oak restaurant corridor — include hundreds of bars and restaurants that could be subject to dram shop claims.

Proving a dram shop claim requires evidence that the establishment served the driver while the driver was obviously intoxicated. Bar receipts, credit card statements, surveillance footage from the bar, witness testimony from other patrons or staff, and the driver's BAC level at the time of the crash can all support this claim. Act quickly — bar surveillance footage may be overwritten within days, and receipts and records must be preserved.

See a doctor within 24 hours of the crash, even if you feel fine. Drunk drivers often hit victims at full speed because they fail to brake — the resulting injuries can be severe and may have delayed onset. Concussions, internal injuries, and soft tissue damage may not produce symptoms immediately.

Keep every medical record, bill, and receipt. If you miss work, get documentation from your employer. Your damages in a drunk driving case may include medical bills (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, property damage, and exemplary damages. Thorough documentation of each category maximizes your recovery.

If you experience emotional trauma — PTSD, anxiety about driving, nightmares, depression — seek treatment from a mental health professional and keep records. Emotional distress damages are recoverable in Texas personal injury cases, and drunk driving crashes frequently cause significant psychological harm to victims.

Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code 16.003). This applies to your civil claim against the drunk driver, your dram shop claim against the bar, and any other liable parties. The clock starts on the date of the crash.

For wrongful death claims — if a loved one was killed by a drunk driver — the 2-year period runs from the date of death. For claims against government entities (such as a government employee driving drunk), the notice of claim must be filed within 6 months under the Texas Tort Claims Act.

Do not wait for the criminal case to conclude before pursuing your civil claim. Criminal cases can take months or years. Your civil case has its own deadline, and critical evidence — especially from the bar or restaurant — must be preserved quickly.

Were you hit by a drunk driver in San Antonio? Take our free 2-minute assessment at /assessment/. We will help you understand your claim, including potential exemplary damages, dram shop liability, and whether connecting with a San Antonio personal injury attorney makes sense.

A drunk driver chose to get behind the wheel impaired. Texas law provides strong tools for victims — exemplary damages and dram shop liability — that go beyond standard injury claims. Start with the assessment. It is free, confidential, and takes less time than reading a police report.