Can You Sue for Wrongful Death After a Drunk Driving Crash in Texas?
Yes. In Texas, families can sue for wrongful death after a drunk driving crash, even when the driver faces criminal charges such as intoxication manslaughter. The civil wrongful death claim is entirely separate from the criminal case and focuses on obtaining compensation for the family’s losses rather than punishing the driver. Families do not have to wait for the criminal case to end before pursuing the civil action.
A criminal case is brought by the state and requires proof beyond a reasonable doubt. A wrongful death lawsuit is a civil case that requires proof by a preponderance of the evidence, which is a much lower standard. That difference means a family can win a wrongful death case even when the driver is not criminally convicted, and even when the prosecutor never files charges at all.
Drunk driving wrongful death cases also often open the door to additional defendants and additional sources of compensation. Texas dram shop law can extend liability to the bar, restaurant, or social host that overserved the driver. That broader liability framework, combined with the lower burden of proof, makes the civil wrongful death claim a powerful tool for grieving families.
How wrongful death claims work after a drunk driving crash in Texas
A successful drunk driving wrongful death case depends on understanding how the civil and criminal tracks differ, what must be proven, who can be held liable, what damages are available, and how to protect evidence before it disappears. The sections below cover each step.
Criminal case versus civil wrongful death claim
When someone dies in a drunk driving crash, the prosecutor may file criminal charges against the driver. A conviction can bring prison time, fines, and a permanent criminal record. Those criminal penalties do not directly compensate the family for financial and emotional losses. A wrongful death lawsuit gives the family a separate path to recover lost income and financial support, loss of companionship and society, mental anguish and emotional suffering, funeral and burial expenses, and possible exemplary damages because drunk driving is often treated as grossly negligent conduct. The two cases can proceed at the same time, and the outcomes are independent of each other. A family can win the civil case even when the driver is acquitted in criminal court, although that scenario is less common.
Proving liability in a drunk driving wrongful death case
To succeed in a wrongful death claim after a drunk driving crash, the family must show that the driver owed a duty of care to others on the road, that the driver breached that duty by driving while intoxicated, that the intoxication caused the fatal crash, and that the surviving family members suffered damages as a result. Key evidence in these cases reaches blood alcohol concentration results, field sobriety test results, police reports and witness statements, dashcam or surveillance video, and expert testimony on driving behavior and the effects of intoxication. A high BAC, refusal to submit to testing, or prior DUI arrests strengthens the case considerably and often supports a request for exemplary damages.
Dram shop liability in Texas
In some drunk driving wrongful death cases, more than just the driver may be liable. Texas has a dram shop law that can hold bars, restaurants, and other alcohol providers accountable when they served alcohol to an obviously intoxicated person who then caused a fatal crash. To succeed in a dram shop claim, the family must generally show that the provider served alcohol to someone who was obviously intoxicated at the time, that the intoxication was a proximate cause of the fatal crash, and that continuing to serve that person created a clear risk of harm to others. Dram shop liability can add another source of compensation, particularly when the driver has limited insurance or few assets, and it also pushes establishments to serve alcohol responsibly.
Damages available in drunk driving wrongful death cases
Families may recover the same types of damages as in other wrongful death matters. That covers lost income and financial support the deceased would have provided, loss of companionship and society, mental anguish and emotional suffering, the value of household services the deceased contributed, and funeral and burial expenses. Because drunk driving is often considered grossly negligent or reckless, families may also be eligible for exemplary damages. These are meant to punish the driver and deter similar behavior in the future. In Texas, exemplary damages are only available when the defendant’s conduct was grossly negligent, intentional, or malicious. Drunk driving frequently meets this standard, especially when the driver has prior DUI convictions or a very high BAC at the time of the crash.
Insurance coverage and recovery
Most drivers carry liability insurance that can cover wrongful death claims. In drunk driving cases, carriers sometimes try to deny coverage or argue that the driver’s conduct was intentional, which some policies exclude. Texas courts generally treat drunk driving as negligence rather than intentional wrongdoing for insurance purposes, so coverage is usually available despite those arguments. When a dram shop defendant is in the case, that establishment’s insurance may provide additional coverage on top of the driver’s policy. A wrongful death lawyer can identify every available insurance source and structure the case to maximize the family’s recovery from each one.
Why early action matters
Evidence in drunk driving cases can disappear quickly. Witnesses become hard to locate, dashcam footage gets overwritten on rolling buffers, and police reports take time to finalize. A lawyer can secure police reports and BAC results, identify and interview witnesses while memories are fresh, preserve video footage from the scene and from any bars or restaurants involved, investigate potential dram shop liability before receipts and surveillance records are lost, and file the lawsuit well before the two-year deadline. Acting quickly protects the family’s rights and significantly improves the strength of the case at trial or settlement.
Pursuing accountability after a preventable loss
Families of drunk driving victims in Texas can pursue wrongful death claims for compensation and accountability, even when criminal charges are already in motion. These civil cases hold drivers, and in some situations the alcohol providers who enabled them, responsible for preventable fatal crashes. With the right legal representation, families can seek justice and recover meaningful compensation for the loss of a loved one.
More of our Locations
Cedar Park
George Town
Hutto
Kyle
Leander
Pflugerville
Round Rock
San Marcos