Drunk Driving Accidents and Texas Dram Shop Law
Car Accidents · Liz Valdez Garza · 2026-10-19
Drunk driving crashes are among the most devastating — and most preventable — accidents on Texas roads. If you or someone you love was hurt by an intoxicated driver, you have the right to hold the driver accountable. In some cases, the business that served them may be responsible too.
Claims against the drunk driver
An intoxicated driver who causes a crash can be held liable for the injuries they cause — medical bills, lost wages, pain and suffering and more. A criminal DWI case and your civil injury claim are separate. You don't have to wait for the criminal case to end to pursue compensation, and the driver doesn't need to be convicted for you to recover.
When the driver's conduct rises to gross negligence, exemplary damages may also be available in some cases.
What is dram shop liability?
Texas law allows claims against businesses with alcohol licenses — bars, restaurants, clubs and stores — in certain situations. Under the Texas dram shop law, a provider may be liable when:
- It was apparent to the provider that the person was obviously intoxicated to the point of being a clear danger to themselves and others, and
- The provider served them anyway, and
- The intoxication was a proximate cause of the damages.
Why dram shop claims matter
Many drunk drivers carry only minimum insurance — $30,000 per person in Texas. A business's liability insurance can provide a much larger source of recovery for serious injuries or deaths.
Evidence in dram shop cases
- Receipts and tabs showing how much was served
- Surveillance video from inside the establishment
- Witnesses — bartenders, servers and other customers
- The driver's blood alcohol results
Video and records can disappear quickly, so it's important to act fast.
Social hosts
Texas generally doesn't hold private party hosts liable for serving adult guests, but there are exceptions — including adults who provide alcohol to minors under 18.
Victims' rights
Drunk driving victims deserve compassion and a strong advocate. You can also contact your county's victim services for help through the criminal process.
If you were hurt and have questions, Attorney Liz Valdez Garza can help. Call 866-LA-LEONA for a free consultation, or use the case review form on this page. Hablamos español.
Frequently Asked Questions
Do I have to wait for the DWI case to finish?
No. The criminal case and your civil injury claim are separate. You can pursue compensation while the criminal case is pending.
Can a bar be sued for a drunk driving crash in Texas?
In some cases. Texas dram shop law allows claims when a provider served someone who was obviously intoxicated and a clear danger, and that intoxication caused the crash.
Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662