Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
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 an accident. It is a preventable, reckless choice made by someone who should never have been behind the wheel. If you or a loved one was hurt by an impaired driver in Fort Worth, you are likely dealing with serious injuries, growing medical bills, lost income, and a deep sense of injustice that the person who hurt you made this choice deliberately.
These crashes are among the hardest for families to carry. The driver knew the risk and got in the car anyway. Whether they left a bar on West 7th Street, a Stockyards venue, or somewhere else in Tarrant County, the decision to drive impaired was theirs alone, and so is the responsibility.
Texas law gives victims and families a clear way to pursue accountability. At Frenkel & Frenkel, our Fort Worth drunk driving accident lawyers fight to hold every responsible party answerable, including the driver and, where applicable, the bar or restaurant that kept serving them. We handle the investigation, the evidence, and the insurance battles so you can focus on getting better.
We offer free consultations, and our Fort Worth personal injury attorneys work on a contingency fee basis. You pay 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 Fort Worth?
Get medical care right away, even if you feel okay in the moment. Call 911 so a police report is made. If it is safe to do so, document the scene: take photos of the vehicles, your injuries, and any relevant road conditions. Do not discuss fault with any insurance company or give a recorded statement before talking to an attorney. Acting quickly also helps preserve critical evidence, including bar surveillance footage and toxicology records that can disappear fast.
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The Texas Dram Shop Act allows injury victims to pursue claims against bars, restaurants, nightclubs, and other licensed alcohol sellers when they over-serve a customer who later causes a crash. A business may be at fault if the person was visibly intoxicated and a danger to themselves or others, and that intoxication played a role in the wreck.
This matters because many drunk drivers carry only minimum insurance, which may not cover the full cost of your injuries. A Dram Shop claim can open another source of recovery, often through the business’s commercial liability policy. These claims are built on surveillance footage, bar receipts, witness statements, and evidence of the driver’s condition before they left the establishment.
In Fort Worth, Dram Shop claims may arise from establishments in the Stockyards, along West 7th Street, in Sundance Square, or at any other licensed venue where over-service occurred.
Fort Worth bars and restaurants may try to avoid liability by citing a TABC-approved seller-server training program, known as the Safe Harbor defense. A lawyer can examine the specific facts of your case and determine whether that defense actually holds up.
If you were injured by a drunk driver in Fort Worth, we are ready to listen. Contact us today for a free case review.
Under Texas law, a driver is legally intoxicated when their blood alcohol concentration reaches 0.08% or higher. A driver is also considered intoxicated if alcohol or drugs impair their normal mental or physical faculties, even below the 0.08% threshold. For commercial drivers, the legal limit is 0.04%. Texas applies a zero-tolerance standard to drivers under 21, meaning any detectable alcohol can be a violation.
A driver can be found legally intoxicated even if their BAC falls below 0.08%, provided the evidence shows they could not drive safely. Slurred speech, erratic lane changes, running red lights, and failed field sobriety tests can all support that conclusion.
Most car accident cases require you to show the other driver failed to use reasonable care. Drunk driving cases often skip that step because driving while intoxicated is already a violation of Texas law. That violation can constitute negligence per se, meaning the unlawful act itself serves as evidence of fault in your civil claim.
A DWI arrest or conviction, toxicology results, and the police report can all strengthen your case. Even if the criminal case ends without a conviction, the civil standard of proof is lower, and you may still recover compensation.
What If the Drunk Driver Has Little or No Insurance?
Many drunk drivers carry only the state minimum coverage, which often falls far short of the actual cost of a serious crash. If that is the case, your own uninsured or underinsured motorist (UM/UIM) coverage may fill part of the gap. Texas law requires insurers to offer this coverage, though drivers can waive it in writing. A Dram Shop claim against the establishment that over-served the driver may also open an additional source of recovery. A lawyer can identify every available option.
Can I Still File a Claim If the Drunk Driver Was Not Charged or Convicted?
Yes. Criminal charges are not required to bring a civil claim. The criminal system requires proof beyond a reasonable doubt, a much higher bar. A civil case only requires showing it is more likely than not that the driver was impaired and caused your injuries. Police reports, BAC results, witness accounts, and video evidence can all support that claim regardless of what happens in criminal court.
Quick Answer
What compensation may I be able to recover after a drunk driving accident in Texas?
Depending on the facts of your case, you may be able to recover economic damages, which cover measurable financial losses. These include past and future medical expenses, lost wages, lost earning capacity, vehicle repair or replacement, and rehabilitation costs.
You may also be able to recover non-economic damages for the human toll of the crash. These include pain and suffering, mental anguish, physical impairment, disfigurement, and loss of consortium.
In cases where the drunk driver's conduct was especially reckless, Texas law may allow punitive damages, called exemplary damages. A jury may award these to punish the driver and discourage the same behavior in others.
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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 Fort Worth for many years.
Settlement - Catastrophic Injury Case
Verdict - Commercial Vehicle Collision
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Settlement - Serious Motor Vehicle Wreck
In Tarrant County, impaired driving contributed to thousands of crashes in recent years, with the city of Arlington alone recording 449 DUI crashes in 2024, including 10 fatal incidents, according to TxDOT.
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% legal limit have slower reaction times, impaired judgment, and reduced coordination. Many serious crashes in Tarrant County involve BAC readings well above the legal threshold.
Late-night and weekend driving: The risk of encountering an impaired driver increases sharply after 10:00 PM, especially on Friday and Saturday nights into Sunday morning. The 2:00 AM to 3:00 AM window on weekend nights is the most dangerous time on Fort Worth roads, coinciding with bar closing times throughout the city.
Over-service at Fort Worth bars and venues: Establishments in the Stockyards, along West 7th Street, in Sundance Square, and at event venues around Dickies Arena face ongoing responsibility under the Texas Dram Shop Act when they continue serving visibly intoxicated patrons. Bartenders and servers who ignore obvious warning signs may create Dram Shop liability for the business.
Repeat offenders: A significant number of drunk driving crashes in Texas involve drivers who have prior DWI convictions. A prior record may strengthen a case for punitive damages when the facts support it.
Drug-impaired driving: Texas law covers impairment from controlled substances and prescription drugs, not just alcohol. A driver impaired by any substance can be held responsible under the same legal standards.
Distraction plus impairment: An impaired driver becomes even more dangerous when also distracted by a phone, passengers, or loud music. The combination dramatically reduces reaction time in already-high-risk conditions.
Social host situations involving minors: Texas law holds adults accountable when they knowingly provide alcohol to a minor who later causes a crash that injures someone. This exception to the general social host rule applies in Fort Worth as it does throughout Texas.
Frenkel & Frenkel represents victims and families in many alcohol-related crash claims in Fort Worth and nearby areas.
These cases often need fast investigation and careful proof.
The most direct path to compensation runs through the impaired driver. We gather the evidence needed to prove fault and pursue full damages, including punitive damages in cases where the driver's conduct was especially reckless.
If a bar, nightclub, restaurant, or other licensed establishment in Fort Worth, whether in the Stockyards, along West 7th Street, in Sundance Square, or elsewhere, over-served a visibly intoxicated person who later caused a crash, that business may share liability under the Texas Dram Shop Act. These cases move fast because surveillance footage and bar records can be deleted quickly.
Texas law may hold adults accountable when they knowingly provide alcohol to a minor, or permit a minor to be served on property they own or control, and the minor later causes a crash that injures someone. If this applies to your case, you may have a claim.
Impairment is not limited to alcohol. A driver under the influence of prescription drugs, marijuana, or any other controlled substance can be held responsible for the crash under Texas law.
When a drunk driving crash in Fort Worth takes a life, surviving family members may be able to bring a wrongful death claim under Texas law. Recoverable damages can include funeral and burial costs, loss of financial support, loss of companionship, and the grief of the loss itself. 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 in Fort Worth while impaired, the claim may extend to both the driver and the company that employed or contracted with them. These cases involve added layers of liability, but they may also open additional recovery sources.
In most cases, Texas law gives you two years from the date of the crash to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code Section 16.003. Wrongful death claims follow the same two-year window, starting from the date of death. Missing this deadline almost always means losing the right to recover. Contact a lawyer as early as possible, because critical evidence disappears long before the filing deadline arrives.
Not before speaking with a lawyer. Insurance adjusters represent the insurer's interests, not yours. They may contact you shortly after the crash and ask for a recorded statement. What you say can be used to reduce or deny your claim. Politely decline and call a Fort Worth drunk driving accident attorney first. Once you have legal representation, the insurer communicates through your attorney.
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. If you share some responsibility for the crash, your compensation is reduced by your percentage of fault. As long as your share of fault is 50% or less, you may still recover damages. If you are found to be more than 50% at fault, Texas law bars recovery. In drunk driving cases, strong evidence of the driver's impairment often makes it difficult for insurers to shift meaningful blame onto the injured party.
Yes, in many cases. Under the Texas Dram Shop Act, a licensed business may face liability if it continued serving an obviously intoxicated person who later caused a crash. Evidence in these cases typically includes bar surveillance footage, receipts, witness statements from staff or other patrons, and the driver's BAC results. In Fort Worth, this can apply to establishments throughout the Stockyards, West 7th Street, Sundance Square, or any other venue where over-service occurred. Act quickly: bar video footage is often deleted within 30 to 90 days.
There is no upfront cost. Frenkel and Frenkel handles drunk driving accident cases on a contingency fee basis, which means you owe no attorney fees unless we recover money for you. Your initial consultation is free. Call (817) 333-3333 to get started.
Depending on the facts of your case, you may be able to recover economic damages including past and future medical expenses, lost wages, loss of earning capacity, and property damage. You may also recover non-economic damages for pain and suffering, mental anguish, physical impairment, and disfigurement. In cases where the drunk driver's conduct was particularly reckless, Texas law may allow for exemplary, or punitive, damages as well.
Get medical care right away, even if you feel okay. Adrenaline can mask serious injuries, and symptoms sometimes appear hours or days later. Call 911 so that law enforcement responds and a police report is filed. If it is safe to do so, photograph the vehicles, your injuries, and the scene. Get the names and contact information of any witnesses. Do not apologize or admit fault. Then call a Fort Worth drunk driving accident attorney as soon as possible. The sooner an attorney is involved, the better the chance of preserving bar footage, toxicology records, and other evidence that can disappear quickly.
