Being hit by a drunk driver is different from other accidents. The driver made a choice, repeated it every time they picked up a glass and got behind the wheel anyway, and that choice put you here. Texas law recognizes that difference, and so does the civil court system.
If you were injured by an impaired driver in Killeen or anywhere in Bell County, you may have legal options that go beyond a standard car accident claim. At Lorenz & Lorenz Accident & Injury Lawyers, our Killeen drunk driving accident lawyers handle these cases throughout Central Texas.
Ted Lorenz has practiced personal injury law exclusively since 2001 and works directly with every client. Call 254-662-4800 or 1-800-TELL-TED any time for a free consultation. There's no fee unless we recover for you.
Do I Need a Lawyer After Being Hit by a Drunk Driver in Killeen?
Yes, and drunk driving accident claims benefit from legal involvement more than most. These cases involve layers of liability, specific evidence that disappears quickly, and potential compensation categories that standard car accident claims don't include.
Going through the process without an attorney means navigating all of that while recovering from injuries the other driver chose to cause.
A Killeen drunk driving accident attorney builds a claim that accounts for every available avenue of recovery, not just the driver's liability insurance policy.
Why Are Drunk Driving Claims More Complex Than Standard Car Accidents?
A drunk driving accident claim can involve the driver, the bar or restaurant that served them, and in some cases an employer if the driver was on the clock. Each of those parties has its own insurance coverage, its own legal team, and its own incentive to minimize what they pay.
Coordinating a claim across multiple defendants requires legal experience and prompt action.
There's also the evidence question. Blood alcohol concentration results, bar tabs, surveillance footage from the establishment that served the driver, and witness accounts of the driver's visible intoxication all matter to the outcome of the claim. Some of that evidence exists for days, not weeks. We move quickly to preserve it.
How Does a Criminal DWI Case Affect My Civil Claim?
A criminal DWI charge runs parallel to your civil claim, not instead of it. The criminal case is the state's action against the driver. Your civil claim is yours. The two proceed separately, and a criminal conviction can strengthen your civil case by establishing documented proof of intoxication.
You don't need a conviction to pursue civil compensation, and waiting for the criminal case to resolve is rarely in your interest.
Who Can Be Held Liable After a Drunk Driving Accident in Texas?
The drunk driver, the bar or restaurant that overserved them, and potentially an employer or vehicle owner may all bear responsibility for what happened. Identifying every liable party is one of the most important things an attorney does in a drunk driving case, and it directly affects how much compensation is available.
Each potentially liable party carries its own insurance coverage and its own legal team. The driver's policy, the establishment's commercial liquor liability coverage, and an employer's commercial policy are all separate sources of recovery that a complete claim needs to account for.
Can I Sue the Bar That Served the Drunk Driver in Texas?
Yes, under specific circumstances. The Texas Alcoholic Beverage Code, Sections 2.01 through 2.03, establishes what's known as the Texas Dram Shop Act. Under this law, a bar, restaurant, or other licensed alcohol provider may be held civilly liable if they served alcohol to someone who was obviously intoxicated to the point of presenting a clear danger to themselves and others, and that person's intoxication caused your injuries.
The standard is specific: visible intoxication, not just any service of alcohol. Evidence that supports a dram shop claim includes surveillance footage from the establishment, bar receipts showing the volume of drinks served, witness accounts of the driver's condition while still at the venue, and the driver's blood alcohol concentration (BAC) at the time of the crash. B
ars know this evidence exists and may not preserve it voluntarily. We send preservation requests immediately.
What If the Drunk Driver Was Served at a Private Party?
Texas's dram shop liability generally applies to licensed commercial establishments, not private individuals. However, a social host who knowingly served alcohol to a minor under 18, and that minor then caused an accident, may face liability under Texas law.
If the driver was served at a private event, the specific circumstances determine whether any liability attaches to the host.
Can I Get Punitive Damages From a Drunk Driver in Texas?
Yes. Punitive damages, called exemplary damages under Texas law, are available in drunk driving cases in a way they aren't in most standard car accident claims.
Because choosing to drive while intoxicated meets the legal threshold of gross negligence, meaning a conscious disregard for the rights and safety of others, Texas civil courts can award these additional damages to punish the driver and deter similar conduct.
Exemplary damages are governed by Texas Civil Practice & Remedies Code, Chapter 41, which sets a cap based on the amount of economic damages awarded. Juries in Texas have historically been unsympathetic to drunk drivers in civil cases, and exemplary damage awards in DWI accident cases can be substantial.
Does a DWI Conviction Make Exemplary Damages Easier to Pursue?
Yes. A criminal conviction establishes that the driver was legally intoxicated, which is powerful evidence in a civil claim for gross negligence. Even without a conviction, a high BAC result, a prior DWI history, or evidence of extreme behavior at the time of the crash can support the gross negligence threshold required for exemplary damages. We evaluate every drunk driving case for this avenue from the start.
What Can You Do Right Now to Protect Your Drunk Driving Accident Claim?
The two most important things you can do immediately are seek medical attention and contact an attorney. Both protect your claim in ways that matter. Medical documentation ties your injuries to the accident, and early legal involvement ensures that evidence specific to drunk driving cases, including bar surveillance footage and transaction records, is preserved before it disappears.
Ted Lorenz has practiced personal injury law in Central Texas since 2001, exclusively. He works every case personally, which means when a drunk driving claim requires fast action on evidence preservation, a coordinated approach across multiple defendants, or a push for exemplary damages, you have a direct line to the attorney making those decisions.
What Evidence Matters Most in a Drunk Driving Accident Case?
The police report and BAC results are the foundation, but the strongest drunk driving claims are built on more than that. Surveillance footage from the accident scene, footage and transaction records from any bar the driver visited, the driver's prior DWI history, and witness accounts of the driver's visible intoxication at the establishment all contribute to a complete picture of liability.
When a dram shop claim is viable, we move immediately on the bar's surveillance footage and transaction records before they are purged. Most establishments retain footage for only days after an incident, not weeks.
What Happens to Communication With the Insurance Company?
Once Lorenz & Lorenz is involved, you don't take calls from adjusters and you don't respond to settlement offers on your own. The drunk driver's insurer may reach out quickly, particularly if criminal charges are pending and their exposure is clear.
Early offers in these cases rarely reflect the full value of the claim, including the exemplary damages component. We handle all communication and work to make sure your claim is evaluated on its actual merits.
We work on contingency. Nothing is owed unless we recover for you.
Call 254-662-4800 for a free case review, 24 hours a day, 7 days a week.
How Long Do I Have to File a Drunk Driving Accident Claim in Texas?
Two years from the date of the accident is the general deadline under Texas law for a personal injury claim. The same two-year window typically applies to a dram shop claim against an establishment.
Missing either deadline generally ends your right to pursue that avenue of compensation in court. (Note: specific circumstances may affect these deadlines. A licensed Texas attorney can advise on the deadlines that apply to your situation.)
In drunk driving cases, acting early matters beyond the deadline. Bar surveillance footage gets purged. Transaction records disappear.
The driver's criminal case may move faster than expected, producing evidence useful to your civil claim. The sooner legal support is in place, the better positioned your case is.
Does Texas's Comparative Fault Rule Apply to Drunk Driving Cases?
Yes, but it rarely works against the victim in these cases. Under the Texas Civil Practice & Remedies Code, Chapter 33, fault is apportioned among all parties. An insurance company may try to argue that you share some responsibility for the crash to reduce their exposure.
In drunk driving cases, that argument tends to have little traction when the other driver was legally intoxicated, but we prepare for it regardless.
What Compensation May Be Available After a Drunk Driving Accident in Killeen?
Medical bills, lost wages, property damage, pain and suffering, and in many drunk driving cases, exemplary damages are all potentially part of your claim. Texas law allows injured victims to pursue both economic damages, meaning measurable financial losses, and non-economic damages, which reflect what the accident has cost beyond the bills.
Potential compensation may include:
- Medical expenses, including emergency care, surgery, hospitalization, rehabilitation, and all future treatment costs
- Lost income, including wages missed during recovery and, for serious injuries, reduced earning capacity going forward
- Property damage, including the cost of repairing or replacing your vehicle
- Pain and suffering, reflecting the physical limitations and impact of your injuries
- Loss of enjoyment of life, where injuries have permanently affected daily activities
- Exemplary damages, available in drunk driving cases where the driver's conduct meets the gross negligence threshold under Texas law
The value of a claim depends on the specific facts of your situation, including the severity of injuries, the driver's blood alcohol concentration and conduct, whether a dram shop claim applies, and the applicable insurance coverage. A free consultation gives you an honest assessment of what your situation may support.
What If the Drunk Driver Doesn't Have Enough Insurance?
Additional sources of recovery may still be available. Minimum liability coverage in Texas is $30,000 per person, which is rarely adequate in a serious drunk driving case.
When a driver is underinsured, a dram shop claim against the establishment that served them, your own uninsured or underinsured motorist coverage, and, if the driver was operating a company vehicle, the employer's commercial policy may all provide additional compensation.
We identify every applicable source of coverage before concluding what's available.
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Do I Have a Drunk Driving Accident Case in Killeen?
You may have a viable claim if an impaired driver caused your accident and you suffered measurable harm as a result. Drunk driving accidents happen throughout Bell County, including on I-14 and US-190, where commercial truck traffic is heavy.
They also occur near entertainment corridors in Killeen and on roads around Fort Cavazos, where late-night traffic mixes with impaired drivers after a night out. Impaired drivers also put pedestrians at serious risk, particularly at night and near nightlife areas.
What If the Driver Wasn't Charged With DWI at the Scene?
A criminal DWI charge is not required to pursue a civil claim. The civil standard of proof, a preponderance of the evidence, is lower than the criminal standard of beyond a reasonable doubt.
BAC results, witness accounts of the driver's behavior, physical evidence at the scene, and the driver's own statements can all establish intoxication for civil purposes even without a criminal charge. We build the civil case on its own merits regardless of what happens in criminal court.
What If I Was a Passenger in the Drunk Driver's Vehicle?
Passengers injured in a vehicle driven by an intoxicated driver may pursue a claim against that driver. This includes passengers in a rideshare vehicle whose Uber or Lyft driver was impaired. The fact that you chose to ride with them may be raised as a comparative fault argument, but it doesn't automatically bar a claim.
The circumstances of what you knew and when you knew it affect how that argument plays out. A free consultation can help clarify where your situation stands.
Not sure whether your situation supports a claim? Call 254-662-4800. The conversation costs nothing.
Ask Lorenz & Lorenz
The drunk driver's BAC was more than twice the legal limit. Does that change what I can recover?
It can increase it significantly. A BAC well above 0.08 strengthens the argument for gross negligence, which is the threshold for exemplary damages in Texas. The more extreme the driver's intoxication, the more compelling the case for pursuing those additional damages alongside standard compensation. We evaluate that angle in every drunk driving case we take.
The accident happened on US-190 late at night. The driver came from a bar near Fort Cavazos. Can we find out where they were served?
Often yes. Credit card records, the driver's own statements, witness accounts, and surveillance footage from establishments near the accident scene or along the driver's likely route can establish where they were drinking and what their visible condition was before they left.
This early investigative work is what determines whether a dram shop claim is viable, and it needs to happen quickly before that evidence is gone.
What if the drunk driver was a soldier driving their personal vehicle off duty?
An off-duty soldier driving a personal vehicle is subject to the same civil liability as any other driver in Texas. Military status doesn't shield them from a personal injury claim, and the case proceeds through Texas courts in the normal way. If they were operating a government vehicle while on duty, different federal rules would apply. A free consultation can clarify which situation applies.
The driver's insurance company called me the same day as the accident. Should I talk to them?
No. A same-day call from the insurer means they're moving quickly to manage their exposure, not to help you. Statements made before you understand the full scope of your injuries or the available compensation can be used to limit your claim later. Once our firm is involved, all communication with the insurance company goes through us.
FAQ for Killeen Drunk Driving Accident Lawyer
How much does a drunk driving accident lawyer in Killeen cost?
Our firm works on a contingency fee basis. You pay nothing upfront and nothing at all unless we recover compensation for you. There are no hourly fees and no out-of-pocket costs to get started. Your initial consultation is free.
Does a bar's Safe Harbor certification protect it from a dram shop claim?
Texas law provides a Safe Harbor defense to establishments that can prove they required TABC certification for all employees who served alcohol and that the employee who overserved the driver acted contrary to the establishment's policies.
Safe Harbor is a real defense, but it requires the bar to prove compliance. Evidence of the driver's visible intoxication, the volume of drinks served, and the timeline of service can all challenge that defense, and we investigate those facts thoroughly.
Can I file a dram shop claim even if the drunk driver has some insurance?
Yes. A dram shop claim against the bar is entirely separate from your claim against the driver and can be pursued alongside it. If the driver's insurance is insufficient to cover your losses, the bar's liability coverage may provide additional compensation.
The two claims don't cancel each other out, and pursuing both is often the right approach in serious drunk driving cases.
What if the drunk driving accident resulted in a wrongful death?
Texas law allows certain surviving family members, including spouses, children, and parents, to pursue a wrongful death claim when a loved one is killed due to another party's negligence. In drunk driving cases, exemplary damages may also be available as part of a wrongful death claim. A free consultation with our firm can clarify what options may be available to your family.
How is a drunk driving accident different from a standard car accident claim?
Three things make drunk driving claims distinct: the potential for exemplary damages based on gross negligence, the possibility of a dram shop claim against the establishment that served the driver, and the parallel criminal case that can generate evidence useful to the civil claim. All three require early legal involvement and a different investigative approach than a standard negligence case.
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The Driver Made a Choice. Now It's Time to Hold Them Accountable.
Most accidents are the result of a mistake, a lapse in attention, a miscalculation. Drunk driving isn't that. It's a decision made before the car ever started, and Texas law treats it accordingly. The civil system gives you a path to hold that decision accountable in a way that goes beyond a traffic fine or a criminal charge.
Ted Lorenz has fought for injured people in Central Texas since 2001. He handles every case personally, knows Bell County courts, and is available any time you need to talk. There's no intake team, no case manager between you and the attorney. When you call, you talk to someone who can actually help.
Call 254-662-4800 or 1-800-TELL-TED, any time of day or night. The consultation is free, and the fee comes only if we win.
The information on this page is for general informational purposes only and does not constitute legal advice. Laws, deadlines, and legal standards referenced should be verified with a licensed Texas attorney for your specific situation.