Car, motorcycle and pedestrian
Dallas drunk driver accident lawyer.
When a drunk driver hits you, two cases start: the State's DWI case against the driver, and your own claim for what the crash cost you. The criminal case does not pay your bills, and it does not wait for you. We build your claim at the same time, look at the bar or restaurant that kept serving, and use what we know from defending DWI cases to read the police evidence the way the other side will.
Right now
If a drunk driver just hit you.
- 01
Get medical care today
Drunk-driver crashes tend to happen at higher speeds and at night. Get checked even if you feel fine, and keep every record and bill.
- 02
Tell the officer what you noticed
Smell of alcohol, slurred speech, open containers, weaving before the crash. Ask for the report number and whether the driver was arrested. Those details shape both cases.
- 03
Write down where the driver came from
If the driver or a witness mentions a bar, restaurant or party, write it down. A business that kept serving an obviously drunk customer can share responsibility.
- 04
Do not talk to the driver's insurance yet
Their adjuster may call fast and offer a quick payment. You do not have to give a recorded statement or sign anything, and an early release can give up claims you do not know you have yet.
- 05
Keep any papers from the prosecutor
The district attorney's office may contact you as a victim. Keep those letters. They include your rights in the criminal case and contact information for the victim services staff.
- 06
Call us before you sign anything
The first consultation is free, in English or Spanish. We explain how the criminal case and your claim fit together.
Key deadlines and numbers
- Deadline to sue
- 2 years from the crash, even if the DWI case is still openSource: Tex. Civ. Prac. & Rem. Code 16.003
- Legally intoxicated
- 0.08 alcohol concentration, or loss of normal use of mental or physical facultiesSource: Tex. Penal Code 49.01
- Bar or restaurant liability
- Possible if it served someone obviously intoxicated who was a clear dangerSource: Tex. Alco. Bev. Code 2.02
- Serious injury to you
- The driver can face intoxication assault, a third-degree felonySource: Tex. Penal Code 49.07
- Punishment damages
- Possible on clear and convincing proof of gross negligenceSource: Tex. Civ. Prac. & Rem. Code 41.003
- Crime victims' fund
- May help with bills insurance does not cover; apply through the Texas Attorney GeneralSource: Tex. Code Crim. Proc. ch. 56B
Texas law
How Texas law treats a drunk-driver crash.
Your injury claim is a civil case. It does not depend on the DWI conviction and uses a lower standard of proof. Driving drunk is strong evidence of negligence, and in the right case it supports punishment damages in addition to your losses. The question is usually not fault but how much insurance and other money is available.
| Source | What to know |
|---|---|
| The drunk driver's auto policy | Often the minimum: $30,000 per person. Rarely enough for a serious injury. |
| The bar, restaurant or store that served | Dram shop claim when the person was obviously intoxicated and a clear danger. |
| The driver's employer | If the driver was on the job or in a company vehicle. |
| Your own uninsured and underinsured coverage | Pays when the driver had no insurance or not enough, unless you rejected it in writing. |
| Crime Victims' Compensation | A state fund for medical, counseling and lost wages that other sources do not cover. |
| Criminal restitution | A judge can order the driver to repay certain losses as part of the sentence. |
The DWI case and your claim run separately
The district attorney prosecutes the driver. You are a witness with rights as a crime victim, not a party. Your civil claim can move forward before the criminal case ends, and the two-year deadline keeps running either way.
Source: Tex. Code Crim. Proc. ch. 56ABars that over-serve can be responsible
Texas holds an alcohol seller responsible when it was apparent the customer was obviously intoxicated and a clear danger, and that intoxication caused the crash. A business can defend itself if its staff took state seller-server training and it did not encourage over-serving, so receipts, tabs and video matter.
Source: Tex. Alco. Bev. Code 2.02Punishment damages, and their limits
Texas usually caps exemplary damages, but the cap does not apply when the driver's conduct is intoxication assault or intoxication manslaughter. Whether the driver's insurance will pay that part is a separate question we look at early.
Source: Tex. Civ. Prac. & Rem. Code 41.008Help from the state for victims
The Crime Victims' Compensation program, run by the Texas Attorney General, can pay certain expenses after an intoxication crash when insurance does not. It pays last, after other sources, and it has its own application and deadline.
Source: Texas Attorney General: Crime Victims' CompensationHow we work
How we build a drunk-driver claim.
Mr. Estrada reads your file and sets the strategy. Because the firm also defends DWI cases, we know how a DWI file is built and where it is strong or weak. Our team works the details with him, and you get updates in English or Spanish.
01
Get the police evidence
The crash report, arrest report, breath or blood results, bodycam and dashcam video. Some records are held back while the criminal case is open, so we request what is available now and use the civil case to get the rest.
02
Trace where the driver was drinking
Receipts, card charges, bar tabs, rideshare records, social media posts and surveillance video. We send preservation letters to the business before its video is recorded over.
03
Stay in step with the criminal case
We follow the DWI case, help you understand your rights as a victim, including a victim impact statement and restitution, and keep your civil claim moving on its own schedule.
04
Find every policy and every fund
The driver's policy, the bar's liability coverage, an employer's policy, your own uninsured and underinsured coverage, and the state victims' fund.
05
Prove the full harm and the gross negligence
Medical records and, for serious injuries, work with medical professionals, life care planners and economists. For punishment damages, the driver's alcohol level, prior DWIs and conduct that night.
06
Negotiate, and sue when needed
Most claims settle. When the insurers will not pay what the case is worth, we file against the driver and any business responsible, and prepare for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He helped bond my brother out of jail, kept us updated and went above and beyond to get his case dismissed.”Questions people ask us about money, court and paperwork.
- Who pays my medical bills right now?
- Usually your PIP and health insurance first. The state victims' fund may cover some costs that insurance does not. We help you line up payment so treatment does not stop.
- Will I have to testify in the DWI case?
- You may receive a subpoena, and many DWI cases end in a plea without trial. We do not represent the State, but we can explain what to expect and make sure your injury claim is protected.
- Do I need papers or a license to make a claim?
- If a drunk driver hit you, you can make a claim. Talk to us privately about your situation. What you tell us stays between you and the firm.
Dallas and Odessa
Drunk-driver crashes in Dallas and Odessa.
When a drunk driver is charged in Dallas County, the case is heard in the criminal courts at the Frank Crowley Courts Building on Riverfront Boulevard, and the driver is usually booked at the Lew Sterrett jail. In Odessa, the case goes through the Ector County courts. We see these crashes late at night on I-35E, I-30, Loop 12 and the streets of Oak Cliff, and on I-20 and the Loop 338 area in Odessa.
FAQ
Questions people ask.
Can I sue the bar that served the drunk driver?
Possibly. Texas allows a claim against a licensed seller that served someone who was obviously intoxicated and a clear danger, when that intoxication caused the crash. The proof is often receipts, staff testimony and video, which is why we move quickly.
Does the driver have to be convicted before I can file a claim?
No. Your injury claim is separate and uses a lower standard of proof. A conviction or guilty plea can help, but you do not have to wait for it, and waiting can cost you evidence and time against the two-year deadline.
Can I get punitive damages from a drunk driver?
In some cases. Texas allows exemplary damages when gross negligence is shown by clear and convincing evidence, and drunk driving can meet that test. Collecting them depends on the driver's assets and insurance, which we look at early.
What is Texas Crime Victims' Compensation?
A program run by the Texas Attorney General that can help crime victims, including people hurt by intoxicated drivers, with costs like medical care, counseling and lost wages that other sources do not cover. It has an application, eligibility rules and a filing deadline.
The drunk driver had no insurance. Now what?
Your own uninsured motorist coverage may pay, and you have it unless you rejected it in writing. We also look at the bar, the driver's employer and the victims' fund.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Car accidents
- DWI
- Intoxication assault and manslaughter
- Hit and run and uninsured drivers
- Wrongful death
- Catastrophic injuries
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.