Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
When a Drunk Driver Changes Everything
A drunk driving crash is never a random accident. It is a reckless choice that can shatter a life in seconds. If you or someone you love was injured by an intoxicated driver in Dallas, you are likely facing physical pain, mounting medical bills, and a deep sense of injustice. You should not have to carry the weight of someone else’s negligence on your own.
Because these collisions are entirely preventable, they are often the most difficult for families to process. The driver had every opportunity to make a safe choice. When they chose to get behind the wheel while impaired, they became responsible for the devastation they caused.
Texas law provides a clear path to justice for victims and their families. At Frenkel & Frenkel, our Dallas drunk driving accident lawyers fight to hold every responsible party accountable. This includes the driver and potentially the business that illegally overserved them. We handle the complex legal investigations and insurance battles so you can focus on your recovery.
We offer free consultations and our Dallas personal injury attorneys work on a contingency fee basis. This means you pay absolutely nothing unless we recover compensation for you.
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KEY TAKEAWAYS
Quick Answer
What should I do after a drunk driving accident in Dallas?
Seek medical attention immediately, report the crash to law enforcement, document the scene if possible, and avoid discussing fault with insurance companies before speaking with an attorney. Taking these steps can help protect both your health and your legal rights.
Call (214) 333-3333 — Free Consultation"*" indicates required fields
Yes. If a drunk driver hurt you in Dallas, a lawyer can help. An attorney can investigate the crash, gather proof before it is lost, find every party that may be at fault, and deal with the insurance company for you. These cases may involve the driver, a bar or restaurant under the Texas Dram Shop Act, and sometimes an employer. Insurance adjusters often move fast after a crash, so it helps to have legal help early. Frenkel & Frenkel offers free consultations and no upfront fees.
The Texas Dram Shop Act lets injury victims hold bars, restaurants, nightclubs, and other licensed alcohol sellers responsible when they over-serve a customer who later causes a crash. A business can be at fault if the person was clearly intoxicated and a danger to themselves or others, and that intoxication helped cause the wreck.
This matters because drunk drivers often do not have enough insurance. A Dram Shop claim can give you another source of recovery, often through a business policy. These claims may use surveillance video, receipts, witness statements, and proof of the driver’s condition before they left.
Bars and restaurants may try to avoid fault by saying they used a TABC-approved seller-server training program. This is called the Safe Harbor defense. A lawyer can look at the facts and see if that defense really applies.
Under Texas law, a driver is legally intoxicated if their blood alcohol concentration, or BAC, is 0.08% or higher. A driver is also intoxicated if alcohol or drugs keep them from using their mind or body normally. For commercial drivers, the BAC limit is 0.04%. For drivers under 21, Texas uses zero tolerance, which means any measurable alcohol can be a violation.
A driver can still be legally intoxicated even with a BAC below 0.08% if the evidence shows they could not drive safely. Slurred speech, stumbling, red light violations, and failed field sobriety tests can all support that finding.
In most car crash cases, you must show the other driver failed to act with reasonable care. In a drunk driving case, that step is often easier. Driving while intoxicated breaks Texas law, so the unlawful act can count as negligence per se.
That can make your civil claim stronger. A DWI arrest or conviction, toxicology results, and the police report can all help prove your case. Even if the driver is not convicted in criminal court, you may still win compensation in a civil case because the proof standard is lower.
A drunk driving crash can lead to two separate legal cases. The State of Texas handles the criminal case, which may bring jail time, fines, or a suspended license. You are not a party in that case.
Your civil claim is separate. You bring it to seek payment for your injuries and losses. The criminal case does not have to end before you file, and even a not-guilty verdict does not stop a civil claim.
Texas gives you two years from the crash date to file a personal injury or wrongful death lawsuit. If you miss that deadline, you will likely lose your right to compensation. Do not wait, because evidence and memories fade quickly.
What If the Drunk Driver Has Little or No Insurance?
This is one of the hardest parts of these cases. Many drunk drivers carry only the minimum insurance, and that may not cover your losses. Your own uninsured and underinsured motorist coverage can help fill the gap if you have it. Texas law requires insurers to offer that coverage, but you can reject it in writing. A Dram Shop claim may also help. A lawyer can review every source of recovery.
Can I Still File a Claim If the Drunk Driver Was Not Charged or Convicted?
Yes. A criminal charge or conviction is not required. The criminal case uses a very high proof standard. A civil claim only requires proof that it is more likely than not that the driver was impaired and caused your injuries. The police report, witness statements, BAC evidence, and the driver’s conduct can all support your claim.
Quick Answer
What evidence can be lost if I wait to hire a drunk driving accident attorney?
Waiting even a few weeks after a drunk driving accident can cost you critical evidence:
Texas gives you 2 years to file — but the evidence window is much shorter. Contact us today.
Don't Wait — Call (214) 333-3333
Victims of drunk driving crashes in Texas may be able to recover several kinds of damages, depending on the facts of the case and the severity of the injuries.
Economic damages cover the money losses you can measure. These include past and future medical bills, lost wages, loss of future earning ability, vehicle repair or replacement, and the cost of therapy or rehab.
Non-economic damages cover the human cost of the crash. These include pain and suffering, mental anguish, physical impairment, disfigurement, and loss of consortium for a spouse.
Punitive damages, called exemplary damages in Texas, may also be available. If a jury finds gross negligence or malice, it may award extra damages to punish the driver and deter the same behavior
Our attorneys have spent decades combined fighting for victims of drunk driving accidents. We have the knowledge and resources to pursue every at fault party, including intoxicated drivers, bars that over-served them, and social hosts.
Our founding attorneys used to defend insurance companies. Now, they use that inside knowledge to fight for injured people like you. We know the tactics companies use, and we know how to counter them.
Our firm has secured substantial settlements and verdicts for clients, helping families pursue the justice and compensation they deserve. Our attorneys have also been consistently recognized among the best lawyers in Dallas for many years.
Settlement - Catastrophic Injury Case
Verdict - Commercial Vehicle Collision
Settlement - Trucking Accident Case
Settlement - Serious Motor Vehicle Wreck
Source: Texas Department of Transportation, 2023 Annual Report.
In 2022, 1,203 people died in Texas alcohol-involved crashes. The drop to 1,023 in 2023 is a 15% decline, but the death toll is still far too high.
Knowing why these crashes happen can help show who may be responsible and what evidence matters most.
High BAC levels: Drivers far above the 0.08% limit have much slower reactions, poor judgment, and weak coordination. Many serious Dallas crashes involve BAC readings of 0.15% or higher.
Late-night and weekend driving: The risk of an impaired driver rises after 10:00 PM, especially on Friday and Saturday nights and into Sunday morning.
Over-service by bars and restaurants: Businesses that keep serving visibly intoxicated customers can help cause a crash. Bartenders and servers who miss obvious warning signs may create Dram Shop liability.
Repeat offenders: Many drunk driving crashes in Texas involve drivers with prior DWI convictions. A prior record can matter when a case involves punitive damages.
Drug-impaired driving: Texas law covers impairment from drugs and controlled substances, not just alcohol. Prescription drugs and illegal drugs can impair driving at any time.
Distraction plus impairment: A driver who is already impaired can be even more dangerous when they are also using a phone, talking with passengers, or blasting loud music.
Social host situations involving minors: Adults who give alcohol to minors at private gatherings can be held responsible if the minor later causes a crash. Texas law makes a specific exception for underage drinking.
Frenkel & Frenkel represents victims and families in many alcohol-related crash claims in Dallas and nearby areas.
These cases often need fast investigation and careful proof.
The most direct claim is against the drunk driver. We gather the proof needed to show fault and seek full compensation, including punitive damages when the facts support it.
If a bar, restaurant, nightclub, or other licensed business over-served an obviously intoxicated person who later caused a crash, that business may also be at fault under the Texas Dram Shop Act. Fast action matters because video and records can be lost.
Texas law can hold adults responsible when they knowingly provide alcohol to a minor or allow a minor to be served on property they own or control, and the minor later causes a crash. If this happened to you or a family member, you may have a claim.
Impairment is not limited to alcohol. A driver impaired by prescription drugs, marijuana, or any other controlled substance can be held at fault for the crash.
If a drunk driving crash takes a life, family members may be able to file a wrongful death claim. That can include funeral costs, loss of financial support, loss of companionship, and grief. No amount of money can replace the loss, but Texas law gives families a way to hold the responsible parties accountable.
If an Uber or Lyft driver, a delivery driver, or another commercial driver causes a crash while impaired, the claim may involve the driver and the company that employed or contracted them. These cases can be more complex, but they may also open more paths to recovery.
Texas usually gives you two years from the crash date to file a personal injury lawsuit. For wrongful death cases, the two-year period usually starts on the date of death. If you miss the deadline, you will almost always lose your chance to recover money. Contact a lawyer as soon as you can.
Be careful. Insurance adjusters work for the insurance company, not for you. They may ask for a recorded statement soon after the crash, and your words can be used against you. It is smart to talk with a lawyer before you give any statement. Frenkel & Frenkel can handle those calls for you.
Texas uses a modified comparative fault rule. If you were partly at fault, your recovery may be reduced by your share of fault. But if you are not more than 50% responsible, you may still recover damages. In drunk driving cases, strong proof of the driver's impairment often limits blame-shifting.
Yes, often. Under the Texas Dram Shop Act, a licensed business may be liable if it served an obviously intoxicated person who then caused injuries. Helpful evidence can include bar video, receipts, witness accounts, and BAC results. Time matters because video is often erased quickly.
Frenkel & Frenkel offers a free initial consultation with no obligation. We handle drunk driving accident cases on a contingency fee basis, which means you pay no attorney fee unless we recover money for you. There are no upfront costs for our legal help.
Depending on your case, you may be able to recover medical expenses, lost wages, future medical costs, loss of earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement, and property damage. If the driver's conduct was especially reckless, Texas law may also allow punitive damages.
First, get medical care right away, even if you think you are fine. Adrenaline can hide serious injuries, and some symptoms show up later. Call 911 so a police report is made. Get witness names and contact information. Do not admit fault or apologize. If you can, take photos of the vehicles, your injuries, and the scene. Contact a Dallas drunk driving accident lawyer as soon as possible to protect your rights and preserve evidence.
