Legally Reviewed by Dale R. Rose on June 30, 2026
Being hit by an impaired driver may devastate your life in an instant, leaving you with serious injuries, mounting medical bills, and uncertainty about your future. Texas law requires drivers to exercise reasonable care, but when someone chooses to drive while intoxicated, they put everyone around them at serious risk, often causing catastrophic or even fatal injuries to innocent people.
Dale R. Rose, PLLC has 27 years of experience representing injured clients throughout North Texas. As a civil trial attorney with 165 first chair jury trials, Dale R. Rose has tried personal injury cases from both sides of the courtroom, which gives him a clear view of how insurance companies approach drunk driving claims. Every client works directly with Dale on every aspect of their case.
Time-Sensitive – Texas Law Limits Your Window to File
Texas generally allows two years from the date of a drunk driving wreck to file a personal injury claim.
Free consultations. 27 years of experience. Over $18 million won since 2010.
Drunk Driving Wrecks in Texas
Driving while intoxicated is a serious offense in Texas, yet it continues to happen at an alarming rate. According to the Texas Department of Transportation, more than 1,000 people were killed in alcohol-related crashes across Texas in 2024, an average of three deaths every day. Statewide, a wreck involving a driver under the influence of alcohol occurs roughly every 23 minutes.
Drunk drivers cause a range of devastating collisions, including head-on wrecks, rear-end crashes, hit-and-run wrecks, multi-vehicle pileups, and fatal collisions involving passenger vehicles, motorcycles, bicyclists, and pedestrians. When a driver chooses to get behind the wheel while impaired, the resulting wreck is often far more severe because impaired drivers have slower reaction times, impaired judgment, and reduced ability to take evasive action.
Liability in a Drunk Driving Wreck Claim
Establishing liability after a drunk driving wreck may involve more parties than the intoxicated driver alone. Dale R. Rose conducts a thorough investigation to identify all potentially responsible parties and hold each one accountable.
The Intoxicated Driver
The impaired driver may be held liable for the injuries and losses resulting from the collision. To establish this liability, the claim must demonstrate that the driver consumed alcohol to the point of presenting a danger to other road users and that this impairment was a primary cause of the wreck. If you suspect the driver who caused your collision was intoxicated, Dale R. Rose, PLLC may investigate this thoroughly, including reviewing breathalyzer results, blood test records, police reports, and surveillance footage.
Bar or Restaurant (Dram Shop Liability)
Under Texas Dram Shop law, a bar, restaurant, or other establishment that served alcohol to the intoxicated driver may also bear liability. Businesses must exercise reasonable care and avoid serving visibly intoxicated individuals. If staff knowingly overserved the driver who caused your wreck, you may have grounds to pursue damages against the establishment as well.
Additionally, serving alcohol to minors violates Texas law. If the driver who injured you was underage, you may bring a claim against the business that served them.
Vehicle Owner or Employer
If the intoxicated driver was operating a vehicle owned by someone else or was performing work duties at the time of the wreck, the vehicle owner or employer may share liability. Texas law recognizes negligent entrustment claims where a vehicle owner knowingly allows an impaired or incompetent person to use their vehicle.
How Texas Comparative Fault Applies to Drunk Driving Cases
Texas follows a modified comparative fault rule, meaning your recovery may be reduced by any percentage of fault assigned to you. If you are found more than fifty percent at fault, Texas law bars you from recovering any compensation. In drunk driving cases, insurance adjusters may still attempt to assign partial fault to the injured party, even though the other driver was clearly impaired. Having an attorney who understands how these arguments are built may help protect the full value of your claim.
Punitive Damages in Texas Drunk Driving Cases
Unlike most personal injury claims, drunk driving wreck cases may qualify for punitive damages (also called exemplary damages) under Texas law. Punitive damages are designed to punish the at-fault party for especially reckless or egregious behavior and to discourage similar conduct. Because driving while intoxicated involves a conscious disregard for the safety of others, courts may award punitive damages on top of the standard compensatory damages for medical expenses, lost wages, and pain and suffering.
Hurt by a drunk driver? You don’t have to face the insurance company alone.
Every case is handled directly by Attorney Dale R. Rose — never passed off to a case manager. Find out what your claim may be worth in a free, no-obligation consultation.
Compensation After a Drunk Driving Wreck
Following a drunk driving collision, injured victims often face overwhelming consequences. Filing a claim with an experienced attorney may help you pursue fair compensation for damages, including:
- Medical expenses, both current and future
- Lost wages from inability to work
- Vehicle repair and property damage costs
- Physical and emotional pain and suffering
- Disability and rehabilitation expenses
- Wrongful death damages in fatal cases
- Punitive damages where the facts support them
How Dale R. Rose Approaches Drunk Driving Wreck Cases
Dale R. Rose is focused on building the strongest possible case from day one. This includes analyzing police reports and official documentation, recording witness statements, examining the driver’s breathalyzer and blood test results, reviewing video evidence and photographs of the wreck scene, consulting with professionals as needed, and carefully analyzing your medical records to establish the full extent of your injuries.
Because Dale has tried cases from both sides of the courtroom, he understands what evidence the defense will look for and how to counter their arguments. We handle evidence collection, documentation, and negotiations with insurance companies so you may focus on recovery.
Frequently Asked Questions
May I pursue a claim if the drunk driver was also charged criminally?
Yes. A criminal DWI case and a civil personal injury claim are separate proceedings. You do not need to wait for the criminal case to conclude before filing a civil claim, and a criminal conviction is not required to recover compensation.
What is the deadline to file a drunk driving wreck lawsuit in Texas?
Under Texas law, you generally have two years from the date of the wreck to file a personal injury lawsuit. Missing this deadline may permanently bar your right to compensation.
May I also sue the bar that served the drunk driver?
Under Texas Dram Shop law, you may pursue a claim against a bar, restaurant, or other establishment that served alcohol to a visibly intoxicated person or a minor who then caused your wreck.
What are punitive damages in a drunk driving case?
Punitive damages are additional damages awarded to punish especially reckless behavior and discourage others from similar conduct. Drunk driving cases may qualify because the at-fault driver consciously disregarded the safety of others.
How much does it cost to hire a drunk driving wreck attorney?
Dale R. Rose, PLLC offers free consultations. Most drunk driving wreck cases are handled on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.
What if the drunk driver had no insurance?
You may still have options for recovery depending on your own policy’s uninsured or underinsured motorist coverage. Dale R. Rose may help you explore all available avenues for compensation.
Schedule a Free Consultation with a McKinney Drunk Driving Wreck Lawyer
DWI violations represent both illegal actions and serious acts of negligence that may cause devastating harm to innocent people. You do not need to handle these challenges alone. Dale R. Rose, PLLC provides the legal support and guidance needed to pursue full compensation after a drunk driving wreck. With 27 years of experience and 165 first chair jury trials, Dale R. Rose has the track record and courtroom experience to fight for the outcome you deserve. Request your free consultation today by contacting us online or calling (972) 634-ROSE (7673).