Drunk Driving Accidents in Texas: Civil Liability Beyond Criminal Charges

Drunk driving remains one of the most persistent and deadly dangers on Texas roads. While many people associate drunk driving cases with criminal arrests, fines, and jail time, those penalties are only part of the legal picture. For victims and families, the civil justice system plays a critical role in accountability, financial recovery, and long-term stability after a drunk driving crash.

At Hollingsworth Law Firm, our Houston personal injury attorneys represent individuals and families harmed by intoxicated drivers. Understanding how civil liability works and how it differs from criminal prosecution is essential for anyone affected by a drunk driving collision in Texas.

Why Drunk Driving Remains a Major Problem in Texas

Texas consistently ranks among the states with the highest number of alcohol-related traffic deaths. The state’s size, long driving distances, limited public transportation in many areas, and cultural norms around social drinking all contribute to the problem.

Drunk driving crashes occur year-round, but they spike during specific periods, including:

• Major holidays such as Thanksgiving, Christmas, and New Year’s Eve.
• Long weekends and summer travel seasons.
• Sporting events, festivals, and large public gatherings.
• Late-night and early-morning hours.

During holidays, more drivers are on the road, more alcohol is consumed at social events, and impaired drivers are more likely to make the dangerous decision to drive rather than seek a safe alternative. In Houston, where driving is often the only practical transportation option, the risk is magnified.

Criminal Charges Versus Civil Liability Explained

Criminal charges are brought by the state and are intended to punish unlawful behavior. In drunk driving cases, criminal penalties may include jail time, probation, license suspension, fines, or mandatory education programs. These consequences are intended to punish and deter the driver, not to compensate victims.

Civil liability is different. Civil liability refers to legal responsibility for the harm caused to others. In a civil case, the injured person or the surviving family seeks financial compensation for losses caused by the drunk driver’s actions.

A criminal conviction is not required to pursue a civil claim. Even if charges are reduced or dismissed, a drunk driver may still be held financially accountable in civil court.

How Negligence Applies in Drunk Driving Cases

Negligence is a legal term that means a failure to act with reasonable care under the circumstances. In drunk driving cases, negligence is often apparent because Texas law prohibits operating a motor vehicle while intoxicated.

To establish negligence in a civil claim, an injured person must show:

• Duty Of Care. The driver had a legal obligation to operate their vehicle safely and obey traffic laws.
• Breach Of Duty. The driver violated that obligation by driving under the influence.
• Causation. The intoxicated driving directly caused the crash.
• Damages. The victim suffered injuries, financial losses, or other harm.

Because alcohol impairment significantly affects reaction time, judgment, and motor control, drunk driving is frequently viewed as a serious breach of duty.

The Role of Gross Negligence in Texas Drunk Driving Cases

Some drunk driving cases rise beyond ordinary negligence and fall into a category known as gross negligence. Gross negligence involves conduct that demonstrates a conscious disregard for others’ safety.

Examples that may support a gross negligence finding include:

• Extremely high blood alcohol concentration levels.
• Driving at excessive speeds while intoxicated.
• Prior drunk driving convictions.
• Ignoring warnings not to drive.
• Fleeing the scene after a crash.

When gross negligence is proven, Texas law may allow for exemplary damages, also known as punitive damages. These damages are intended to punish especially dangerous behavior and deter similar conduct in the future.

Liability Beyond the Drunk Driver

In some cases, civil liability may extend beyond the intoxicated driver. Texas law allows injured parties to pursue claims against additional responsible parties when their actions contributed to the harm.

Potentially liable parties may include:

• Bars or restaurants that overserved visibly intoxicated patrons.
• Employers who allow impaired employees to drive for work purposes.
• Hosts of events who failed to take reasonable steps to prevent impaired driving.
• Vehicle owners who knowingly allow an intoxicated person to drive.

Identifying all responsible parties is especially important in catastrophic injury and wrongful death cases, where long-term financial needs are significant.

Why Civil Claims Matter for Texas Victims and Families

Criminal cases focus on punishment. Civil claims concentrate on recovery.

A successful civil claim can provide compensation for:

• Medical expenses and future treatment.
• Lost income and reduced earning capacity.
• Pain and suffering.
• Mental anguish and emotional trauma.
• Funeral and burial costs in fatal cases.
• Loss of companionship and support for families.

For many victims, civil recovery is the only way to regain financial stability after a drunk driving crash.

How Hollingsworth Law Firm Helps After Drunk Driving Accidents

Drunk driving cases require thorough investigation and careful coordination with criminal proceedings. At Hollingsworth Law Firm, our attorneys build strong civil cases by gathering evidence, analyzing police and toxicology reports, and documenting the full impact of the injuries or loss.

We focus on accountability, not just outcomes, and we pursue compensation that reflects the seriousness of the harm.

Contact Hollingsworth Law Firm Today

If you or a loved one was injured or killed by a drunk driver in Houston or elsewhere in Texas, legal help is available. Our attorneys at Hollingsworth Law Firm will explain your options, protect your rights, and pursue full accountability through the civil justice system.

Contact our Houston office today at 713-637-4560 or online to schedule a free consultation.

Related Blogs

• How Intoxicated Drivers are Changing Lives and Families Throughout Texas
• Should I Call the Police After a Texas Car Accident with Injuries?
• Why Reckless Driving Should Cost More Than License Suspensions in Texas
• The Dangers of Drunk Driving in Texas: Legal Recourse for Victims

About The Author

Steve Hollingsworth

Steve Hollingsworth is a seasoned trial attorney with extensive experience across Texas. After beginning his career as a felony prosecutor, Steve went on to represent major insurance companies before focusing on helping individuals injured in car, motorcycle, trucking accidents, and premises liability cases. Founder of his own firm, Steve is committed to providing personalized, client-focused legal representation to ensure justice for those he serves.