Each year, hundreds of individuals in Texas are injured or killed by drivers who chose to operate a vehicle while impaired. These incidents are often violent, life-altering, and emotionally traumatic. For those harmed, the road to recovery is difficult enough without the burden of medical debt, lost income, and legal uncertainty. Compensation after a drunk driving crash often exceeds that of a typical collision—and for good reason.
This article explains why drunk driving accidents often result in higher compensation claims, and how those injured can take action to recover the full amount they are owed.
What Makes Drunk Driving Accidents Different?
Drunk driving is not a lapse in judgment or a minor infraction—it is considered an act of gross disregard for public safety. Unlike most car accidents, where the harm may stem from distraction or error, an impaired driver makes a conscious decision to engage in dangerous conduct that puts others at risk. This distinction influences how insurance companies approach these claims and how courts view the injured party’s right to be compensated.
In most cases, the driver is arrested and charged with DWI. That criminal charge does not prevent a civil claim from moving forward. In fact, a conviction—or even a pending DWI case—can support the injured party’s pursuit of damages.
Why Victims May Receive Higher Compensation
Increased compensation is not automatic, but certain factors make it more likely in drunk driving cases. These include the severity of injuries, the conduct of the at-fault driver, the presence of aggravating circumstances, and the availability of multiple sources of liability.
1. Serious Injuries Are More Likely
Drunk drivers have slower reaction times and impaired decision-making abilities. They may speed through intersections, drive in the wrong direction, or fail to respond to traffic signals. As a result, collisions are often high-impact, involving head-on crashes or T-bone collisions at full speed.
These types of wrecks tend to cause:
- Traumatic brain injuries
- Spinal cord injuries
- Crushed limbs
- Internal organ damage
- Long-term cognitive impairment
Severe injuries increase a claim's value due to the cost of medical treatment, long-term care, and lasting physical or neurological limitations.
2. Punitive Damages May Be Available
Texas law permits the recovery of punitive damages in personal injury cases where the defendant's conduct is particularly egregious. Driving while intoxicated is one of the clearest examples of gross misconduct. A BAC far above the legal limit, prior DUI convictions, or high-speed reckless conduct while impaired can support punitive damages.
Punitive damages are not tied to a specific economic loss. They are intended to penalize the wrongdoer and deter similar conduct by others. If awarded, they are added to compensatory damages and can significantly increase the final payout.
Whether punitive damages apply depends on the facts of the case and whether the conduct meets the legal threshold of gross negligence or willful indifference. Drunk driving often qualifies; however, a jury is not required to award punitive damages. They are discretionary and depend on the persuasiveness of the case presented.
3. Greater Emotional and Psychological Impact
Victims of impaired drivers frequently report symptoms such as panic attacks, sleep disturbances, mood changes, and fear of driving. These effects can persist for months or years and may interfere with work, relationships, and personal independence.
While these are not economic losses, Texas law permits compensation for emotional suffering, mental anguish, and loss of normal life activities. The more severe the psychological toll, the higher the potential non-economic recovery.
Factors That May Elevate the Value of a DWI Accident Claim
Beyond the nature of the driver’s conduct, several specific elements can increase the value of a claim following a drunk driving crash.
- Intoxication Level. A blood alcohol concentration well above the legal limit may support claims for aggravated behavior, especially if the driver has prior offenses. Higher intoxication levels tend to correlate with worse decision-making, leading to harsher civil penalties.
- Prior Driving History. If the driver has a record of previous DWIs, license suspensions, or alcohol-related convictions, that history may be used to establish a pattern of disregard for public safety.
- Impact on Daily Functioning. Claims are not evaluated solely on medical diagnoses. How an injury disrupts daily routines, career progression, childcare responsibilities, or personal goals also carries weight in damage calculations. A back injury that prevents a construction worker from returning to work or a cognitive impairment that interferes with a teacher’s ability to perform their job may significantly raise the total value of the case.
- Duration of Recovery. Injuries that require multiple surgeries, lengthy hospital stays, or years of therapy tend to increase economic losses and extend periods of emotional hardship. These cases typically justify higher compensation than those involving minor or short-term injuries.
How Insurance Companies Respond to Drunk Driving Accidents
Despite the seriousness of the driver’s conduct, insurance companies do not automatically offer fair settlements in drunk driving injury cases. Their primary goal remains minimizing payouts, and they may apply pressure tactics to secure a quick resolution that limits future liability.
Delaying Communication
Insurers may slow-walk communications, hoping the injured party will grow frustrated or financially desperate enough to accept a low offer. Delay tactics are especially common when liability is clear and policy limits are high.
Challenging Medical Necessity
Even in drunk-driving cases, adjusters may question whether all medical treatments were necessary, especially when care was received outside a preferred network. They may also request independent medical examinations or claim that part of the injury predated the crash.
Arguing Shared Fault
In some cases, the insurer may attempt to assign partial responsibility to the injured party, such as claiming they were speeding, jaywalking, or not wearing a seatbelt. This tactic reduces the overall payout using Texas’s comparative fault rules.
Multiple Sources of Liability in a DWI Accident
One reason drunk driving accident claims may result in larger compensation packages is the potential involvement of third parties. Identifying all liable parties can broaden the financial recovery available to the injured person.
- Alcohol-Serving Establishments. Under Texas’s dram shop law, bars, restaurants, and similar venues can be held liable for serving alcohol to an obviously intoxicated person who later causes harm. This law also applies if alcohol is served to a minor. If a drunk driver was over-served at a commercial business, the victim may pursue a separate claim against that establishment. These cases require swift investigation, including surveillance footage, receipts, and witness statements.
- Employers. If the intoxicated driver was working at the time of the incident—for example, driving a company vehicle or attending a work-related event—the employer may share financial responsibility. This expands the pool of insurance coverage and may increase the final award.
How Claim Value Is Determined in Drunk Driving Cases
The value of a personal injury claim depends on both measurable losses and intangible harm. Due to the reckless behavior involved in drunk driving cases, the range and depth of these damages are often broader.
Economic Damages
Economic damages refer to direct, quantifiable losses resulting from the accident. These include:
- Hospital bills and surgical procedures
- Physical therapy and rehabilitation
- Prescription medication
- Medical devices or adaptive equipment
- Transportation to and from medical appointments
- Lost wages from missed work
- Reduced future earning capacity
Calculating these losses requires documentation from medical providers, employers, and financial professionals. In serious cases, future costs may span years or decades.
Non-Economic Damages
In addition to financial losses, the law allows injured parties to seek compensation for physical pain, emotional distress, and loss of normal life functions. These damages are harder to measure but no less real. Testimony from medical professionals, family members, and the injured person can support these claims.
Drunk driving accidents often lead to a more favorable consideration of non-economic damages due to the nature of the incident and the suffering involved.
The Importance of Timely Legal Action
Under Texas law, there is a two-year statute of limitations for personal injury claims, including those involving impaired drivers. This deadline begins on the date of the accident. Missing it typically results in the dismissal of the case, regardless of its strength.
However, practical reasons exist to act sooner rather than later. Evidence can be lost or degraded, surveillance footage may be deleted, and witness memories fade quickly. Appropriate action also allows for early investigation into potential third-party liability, such as dram shop or employer claims.
If a government entity is potentially involved—for example, if the drunk driver was a city employee—notice requirements are shorter and subject to additional rules.
What to Expect During the Legal Process
Pursuing compensation after a drunk driving accident involves several stages. While many claims are settled outside of court, trial preparation is part of every well-managed case.
- Case Evaluation. A drunk driving accident lawyer will review available documents, conduct interviews, and assess potential damages. This process includes identifying all responsible parties, calculating losses, and determining whether punitive damages may apply.
- Filing the Claim. Once evidence is gathered, your attorney will send a demand letter to the insurance carrier. A formal lawsuit will likely be filed if the insurance company does not offer a fair settlement.
- Discovery Phase. After the insurance company has been sued, both sides exchange documents, depose witnesses, and request information during discovery. This phase is critical in establishing liability and documenting the impact of the injury.
- Negotiation or Trial. Most personal injury claims settle before trial. However, if a fair resolution cannot be reached, the case proceeds to court, where a judge or jury determines the outcome.
Common Mistakes That Can Reduce Compensation Claims
Drunk driving accident claims can be strong, but missteps by the injured party may affect the final result. Avoiding these errors can help protect the case's value.
Delaying Medical Care
Waiting too long to seek treatment may lead insurers to argue that injuries were minor or unrelated to the accident. Immediate care creates a documented link between the crash and the injury.
Providing Recorded Statements
Insurance adjusters often request recorded statements. These recordings can be used to minimize claims or assign partial blame. It is safer to have legal counsel handle all communication.
Posting on Social Media
Photos or comments posted online can be used to argue that injuries are exaggerated or that the individual has returned to regular activity. Avoid discussing the incident publicly.
Accepting a Low Offer
Some individuals accept early settlements without understanding the full extent of their losses. Once accepted, these agreements are usually final and prevent further claims.
How Legal Representation Helps in Drunk Driving Accidents
Legal support is not just about filing paperwork. It involves strategy, negotiation, and long-term planning for a full financial recovery.
A skilled DWI accident lawyer can:
- Investigate the source of alcohol if dram shop laws may apply
- Request accident reconstruction to support the victim’s account
- Work with medical professionals to document future care needs
- Handle all insurer communication to avoid bad-faith tactics
- Prepare a case for trial if settlement discussions stall
Law firms typically handle these cases on a contingency fee basis, meaning legal fees are only owed if compensation is recovered. This arrangement allows injured individuals to pursue justice without financial pressure.
Additional Considerations in Drunk Driving Injury Cases
Each case presents unique challenges and opportunities, but drunk driving collisions often involve more legal tools and potential claim avenues than other types of personal injury matters.
Uninsured or Underinsured Drivers
If the at-fault driver lacks insurance or has insufficient coverage, uninsured motorist benefits under the injured party’s own auto policy may apply. These benefits can compensate for bodily injury, even though the other driver was at fault.
Policy documents should be reviewed carefully, as coverage for underinsured motorists can vary. Filing a claim under one’s own policy does not mean accepting a lower settlement. The same rights to compensation apply.
Multiple Victims
Drunk driving crashes sometimes involve several injured individuals. Legal strategy becomes even more important when insurance policy limits are shared among multiple claimants. Timing, documentation, and legal positioning affect how much each injured party receives.
Wrongful Death
If a drunk driver killed a loved one, certain family members may bring a wrongful death claim. This allows for recovering funeral costs, lost income, emotional loss, and sometimes, punitive damages. These claims follow a different procedure but can proceed alongside criminal prosecution.
Drunk driving accidents are preventable tragedies. For victims and their families, the path forward includes physical healing, emotional recovery, and financial restitution. The law allows those harmed by impaired drivers to pursue compensation not only for economic losses but also for the pain and disruption caused by another person’s reckless behavior.
Whether the injuries are short-term or permanent, whether the liable party was a stranger or an employer, the law in Texas supports a full evaluation of all damages and all responsible actors. Pursuing these claims with a clear strategy and proper support can make a measurable difference in recovery and financial security.
Contact Lorenz & Lorenz About a Drunk Driving Accident Injury Claim
If you or someone close to you was injured in a collision caused by a drunk driver, legal representation can help you pursue the full compensation available under Texas law. Lorenz & Lorenz, PLLC, has been helping injury victims throughout Austin and the surrounding areas since 2001. The firm’s legal team works to hold impaired drivers and their insurers accountable for the harm they cause—through negotiation, litigation, or both when necessary.
Each case is handled with careful attention to the specific losses involved, including medical expenses, lost income, and the long-term impact on daily life. Whether the goal is to resolve a claim through settlement or prepare for trial, the firm offers guidance throughout the process.
Consultations are free, and there is no obligation to proceed unless you decide to move forward. To speak with someone about your drunk driver accident case, call 512-477-7333 or complete the form below. Help is available 24 hours a day, every day of the year.
