Legal Disclaimer: This article is for general informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. Texas law is complex and fact-specific; outcomes vary significantly based on individual circumstances. Do not rely on this article as a substitute for professional legal counsel. Consult a licensed Texas personal injury attorney before making decisions about your case. Data and statutes cited are as of February 2026.
Need a Houston DUI accident attorney right now? Time is your most critical asset after a drunk driving crash — evidence disappears, witnesses forget, and insurers start building their defense within 24 hours. Our directory of verified Houston personal injury attorneys includes lawyers who specialize exclusively in DUI and DWI accident cases, offer free consultations, and work on contingency — meaning no fees unless they win your case. Find and contact an attorney before reading further; then use this guide to understand exactly what your lawyer will be doing on your behalf.
A drunk driving crash is not a normal accident. It is a preventable crime committed by someone who made a conscious choice to get behind the wheel impaired. That distinction — between negligence and recklessness — is what drives drunk driving settlements and verdicts significantly higher than typical car accident cases in Texas, and it is what gives you, as the victim, a specific set of legal and financial tools that do not apply to ordinary crashes.
Houston-area law firms handling DUI cases report average settlements around $250,000, with verdicts in severe cases exceeding $28 million in wrongful death scenarios. But those outcomes are not automatic — they require a specific sequence of decisions made in the hours, days, and weeks following the crash. Make the wrong moves — accept an early settlement, give a recorded statement to the wrong insurer, fail to preserve evidence, or miss a legal deadline — and your claim can be worth a fraction of what it should be.
This guide gives you the complete strategy: what to do in the first 24 hours, how Texas law applies to your specific situation, how to handle insurers and medical bills, how to identify every party that can be held liable, and how to protect your financial assets throughout the process.
Critical Deadlines: Do Not Miss These
| Deadline | What It Is | Consequence of Missing It | Statute / Source |
|---|---|---|---|
| 2 years from accident date | Texas statute of limitations for personal injury | Your case is permanently barred — no exceptions in most situations | Tex. Civ. Prac. & Rem. Code § 16.003 |
| 2 years from date of death | Statute of limitations for wrongful death claims | Family members lose the right to sue entirely | Tex. Civ. Prac. & Rem. Code § 16.003 |
| As soon as possible | Reporting claim to your own UM/UIM insurer | Some policies require notice within 30 days of the accident | Your individual policy terms |
| 72 hours post-accident | Window for hospital emergency care covered by Texas hospital lien | Hospitals cannot file a valid lien for treatment outside this window | Tex. Prop. Code § 55.002 |
| Within days | Preserve dashcam footage, surveillance video, phone records | Businesses typically overwrite video after 30–72 hours; data is lost permanently | Evidence preservation law |
| Before any settlement | Resolve all medical liens and subrogation claims | Liens attach to settlement funds; failing to resolve them can result in personal liability | Tex. Prop. Code Ch. 55 |
Phase 1 — The First 24 Hours: Every Minute Matters
At the Scene: The Actions That Preserve Your Case
The evidence generated in the first minutes after a DUI crash is irreplaceable. Law enforcement will document the scene, but their report alone is not enough to build the strongest possible claim. Here is what to do at the scene in order of priority:
- Call 911 immediately and stay at the scene. Leaving the scene of an accident is a criminal offense in Texas. Even if the drunk driver flees, you must remain. Request police and an ambulance — even if you feel fine. Adrenaline masks pain, and injuries like traumatic brain injury (TBI), spinal damage, and internal bleeding frequently do not produce immediate symptoms.
- Do not move vehicles unless required for safety, and do not agree to settle privately without a police report. Private settlements in DUI cases almost always undercompensate victims and eliminate your right to pursue the drunk driver civilly for full damages.
- Document everything before it disappears. The drunk driver’s behavior at the scene — slurred speech, difficulty standing, bloodshot eyes, open containers in the vehicle — is evidence. Use your phone to photograph and video everything: vehicle positions, skid marks, road conditions, traffic signals, damage to both vehicles, the drunk driver’s condition (from a safe distance), and any visible injuries on yourself. Courts and insurance adjusters rely heavily on contemporaneous photographs.
- Get witness information — all of it. Names, phone numbers, and email addresses of every witness. Bar patrons, pedestrians, and other drivers who witnessed the crash or the drunk driver’s prior behavior at the establishment where they were drinking can be crucial. These witnesses are often impossible to locate later.
- When police arrive, cooperate fully — then stop talking. Give officers accurate information about what happened. Do not speculate about fault, do not minimize your injuries (“I’m fine”), and do not discuss the accident with the drunk driver. Get the officer’s name, badge number, and the police report number. Request a copy of the crash report, which will document the at-fault driver’s blood alcohol content (BAC) test results — critical evidence for your civil case.
- Note the drunk driver’s insurance information, license plate, and driver’s license number. If they refuse to provide it, the responding officer will obtain it.
The Medical Decision That Can Make or Break Your Claim
Go to the emergency room — regardless of how you feel. This is not optional from a legal standpoint. There are three reasons this decision is critical to your financial recovery:
- Documentation creates causation. A gap between the accident and your first medical visit gives the at-fault driver’s insurer grounds to argue your injuries were pre-existing or unrelated to the crash. Adjusters are trained to find and exploit this gap. Same-day ER documentation links your injuries directly to the collision.
- Texas hospital lien law favors emergency treatment. Under Texas Property Code Chapter 55, hospitals can file a lien on your personal injury settlement for emergency treatment provided within 72 hours of the accident and during the first 100 days of hospitalization. This creates a structured framework for medical providers to be paid — but only if you seek treatment promptly.
- Some injuries manifest hours or days later. Whiplash, herniated discs, concussion symptoms, and soft-tissue damage are regularly not felt until the day after a crash. An ER visit creates a baseline medical record that documents what was and was not injured at the time — protecting you both ways.
Follow-up is equally critical. Document every medical appointment, every medication, every physical therapy session. Keep receipts. Keep a daily injury journal — a private written record of your pain levels, sleep disruption, activities you cannot perform, and emotional state. In a pain-and-suffering damage calculation, this journal is admissible evidence of the crash’s impact on your quality of life.
Phase 2 — Building Your Legal Case: The Evidence Architecture
The Evidence No One Tells You to Preserve
Your attorney will handle formal discovery — depositions, interrogatories, subpoenas. But in the critical days immediately after the crash, before you hire an attorney, there are evidence-preservation actions only you can take in real time:
| Evidence Type | How to Preserve It | Why It Matters | Time Window |
|---|---|---|---|
| Bar/restaurant surveillance video | Send written preservation letter to establishment within 48 hours; your attorney can follow with a spoliation letter | Shows the drunk driver’s visible intoxication state before they left — key for dram shop claims | 24–72 hours (video overwritten) |
| The drunk driver’s phone records | Your attorney subpoenas these; document your request early | GPS, calls, and texts show if they were distracted or their location before the crash | Preserve request ASAP |
| Dashcam footage (your car or others) | Download immediately; do not allow it to be overwritten | Provides objective, real-time record of impact and driver behavior | Immediate |
| Your vehicle’s Event Data Recorder (EDR) | Do not repair or sell vehicle; EDR data can be forensically recovered | “Black box” data shows speed, braking, and steering inputs in the seconds before impact | Preserve vehicle |
| Social media posts by the drunk driver | Screenshot immediately — posts can be deleted | Posts about drinking before the crash establish prior knowledge and recklessness | Within hours |
| Witness statements | Get written statements or recorded audio with permission | Witnesses’ memories fade rapidly; contemporaneous accounts carry more legal weight | Within 24–48 hours |
| Your own medical photographs | Photograph injuries daily for the first 2–3 weeks | Bruising, swelling, and lacerations evolve — sequential photos document the full extent of harm | Ongoing |
The Police Report: What It Contains and What It Doesn’t
The crash report filed by Houston Police Department (HPD) or Harris County Sheriff’s deputies is foundational to your case. It typically includes: officer’s determination of fault, BAC test results (breathalyzer or blood draw), any field sobriety test observations, witness statements recorded at the scene, vehicle damage descriptions, and whether the drunk driver was arrested and charged with DWI.
What the crash report does not include: the full extent of your injuries (these are documented by medical providers), surveillance footage, the establishment where the driver was drinking, witness contact information beyond what officers recorded, and any evidence the drunk driver attempted to flee. Your attorney’s job is to supplement the police report with all of this additional evidence.
Obtain your crash report from HPD’s online portal or Harris County Records as soon as it is available (typically 5–10 business days post-crash). Review it carefully for errors — officer reports sometimes contain mistakes in vehicle descriptions, driver identification, or fault determination that must be challenged early.
Phase 3 — Understanding Texas Law: What Determines Your Recovery
Texas Comparative Fault: The 51% Rule
Texas follows a modified comparative negligence standard under Texas Civil Practice and Remedies Code § 33.001. The critical threshold: if you are found to be 51% or more at fault for the accident, you recover nothing. If you are found to be 50% or less at fault, your recovery is reduced proportionally by your percentage of fault.
In a DUI accident where the other driver’s BAC was above the legal limit of 0.08%, establishing their primary fault is generally straightforward. However, defense attorneys and insurers will attempt to attribute partial fault to you by arguing:
- You were speeding and could not stop in time
- You failed to yield the right of way at an intersection
- You were distracted (phone use, failure to signal)
- You contributed to the severity of your injuries by not wearing a seatbelt
Each of these allegations reduces your percentage recovery if accepted by a jury. Your attorney’s job is to defeat these arguments with evidence — dashcam footage, the crash report, witness testimony, and accident reconstruction if necessary. The at-fault driver’s intoxication does not automatically eliminate every comparative fault argument; it simply means they bear the overwhelming majority of responsibility.
Punitive (Exemplary) Damages: The DUI Advantage
This is where drunk driving cases fundamentally differ from regular car accidents. Under Texas Civil Practice and Remedies Code Chapter 41, exemplary (punitive) damages are available when the defendant’s conduct constitutes “malice” — defined as conscious indifference to the rights, safety, or welfare of others. Courts and juries consistently hold that getting behind the wheel with a blood alcohol concentration above 0.08% — or significantly above it — meets this standard.
The cap on punitive damages in Texas is the greater of:
- $200,000, or
- Two times economic damages (medical bills, lost wages, future care) plus noneconomic damages up to $750,000
In practical terms: a case with $150,000 in economic damages and $300,000 in noneconomic damages allows up to $600,000 in punitive damages (2 × $150,000 + $300,000). These damages are awarded in addition to compensatory damages and serve the explicit purpose of punishing and deterring drunk driving behavior.
Critical requirement: To recover punitive damages, your attorney must prove the drunk driver’s malice by clear and convincing evidence — a higher burden than the preponderance standard used for compensatory damages. The jury’s finding on punitive damages must be unanimous. A high BAC reading, prior DWI convictions, and the drunk driver’s behavior at the scene all contribute to meeting this standard.
Phase 4 — Beyond the Driver: Identifying Every Liable Party
Texas Dram Shop Law: Suing the Establishment That Served Them
Texas Alcoholic Beverage Code Chapter 2 — commonly called the Dram Shop Act — allows victims of drunk driving accidents to sue the bar, restaurant, liquor store, or other alcohol provider that served the at-fault driver. This is one of the most strategically important aspects of Houston DUI cases because establishments typically carry much larger liability insurance policies than individual drivers.
To establish dram shop liability, your attorney must prove two elements under § 2.02 of the Texas Alcoholic Beverage Code:
- The patron was obviously intoxicated at the time the establishment served them alcohol — to the extent that they presented a clear danger to themselves and others.
- The intoxication directly caused the injuries or damages you suffered.
The first element — “obviously intoxicated” — is where dram shop cases are won or lost. Surveillance footage of the drunk driver at the bar, witness testimony from bartenders or other patrons, credit card receipts showing the number of drinks purchased, and expert testimony from toxicologists reconstructing the driver’s BAC timeline are all critical evidence for establishing that the establishment should have known the driver was too intoxicated to safely drive.
The Texas Supreme Court heard arguments in January 2025 on the precise standard for “obvious intoxication” — specifically whether a patron’s intoxication must have been apparent to a reasonable observer in the bar, or merely apparent to the server. The outcome of this case may affect how dram shop claims are litigated in 2026. Consult your attorney about the current legal standard as case law evolves.
| Potentially Liable Party | Legal Theory | Insurance Coverage | Key Evidence Needed |
|---|---|---|---|
| The drunk driver | DWI negligence per se; recklessness; punitive damages | Auto liability policy (Texas minimum: $30K/$60K) | BAC test, crash report, driving record |
| Bar / restaurant / nightclub | Texas Dram Shop Act (TABC § 2.02) | Commercial general liability: $1M–$5M+ typical | Surveillance video, receipts, staff testimony, toxicology |
| Liquor store / convenience store | Dram Shop Act — off-premise providers | CGL policy; often smaller than bars | Sales records, timestamp, BAC timeline |
| The driver’s employer | Respondeat superior (if driving for work) | Commercial auto + umbrella policy | Employee schedule, phone records, company vehicle records |
| Vehicle owner (not the driver) | Negligent entrustment | Owner’s auto policy | Prior DWI history of driver; owner’s knowledge |
| Social host (private party) | Social host liability — very limited in Texas* | Homeowner’s policy (if applicable) | Evidence of serving to a minor only |
*Texas social host liability is extremely narrow — generally limited to cases where the host knowingly served alcohol to a minor. Adult social host liability is largely not recognized in Texas. Source: Texas Alcoholic Beverage Code § 2.02(c).
Employer Liability: Often Overlooked, Potentially Lucrative
If the drunk driver was operating a vehicle in the course and scope of their employment at the time of the crash — making a delivery, driving a company vehicle, traveling between job sites — their employer can be held vicariously liable under the doctrine of respondeat superior. Commercial liability policies carried by employers typically have limits of $1 million, $5 million, or more — far exceeding what an individual driver’s policy covers.
Establishing this claim requires evidence that the driver was “on the clock” at the time of the crash. Phone records, GPS data from a company vehicle, work schedules, and communications between the driver and their employer in the hours before the crash are all relevant. Your attorney’s preservation letter to the employer should be sent within days of the crash before these records are routinely deleted.
Phase 5 — The Insurance Battle: Protecting Your Rights
The Three-Front Insurance War in Houston DUI Cases
In a typical DUI accident case in Houston, you may be dealing with up to three separate insurance companies simultaneously — each with their own adjusters, attorneys, and incentive to minimize your payout:
- The drunk driver’s auto liability insurer — their primary obligation is to their policyholder, not to you. They will attempt to: (a) get you to give a recorded statement that can be used to minimize your damages, (b) present a low early settlement offer before the full extent of your injuries is known, and (c) contest fault and damages at every stage.
- Your own uninsured/underinsured motorist (UM/UIM) insurer — even your own insurer has a financial interest in minimizing your payout if the drunk driver’s policy limits are insufficient to cover your damages. Texas law requires insurers to offer UM/UIM coverage; you have it unless you explicitly rejected it in writing.
- The establishment’s commercial liability insurer (if dram shop claim applies) — this insurer’s exposure can be millions of dollars; they will aggressively contest both the facts and the legal standard for dram shop liability.
The Recorded Statement Trap
Never give a recorded statement to the at-fault driver’s insurance company without your attorney present. This cannot be overstated. Insurance adjusters are trained professionals whose job is to identify anything in your statement that can be used to: (a) attribute fault to you, (b) minimize the severity of your injuries, or (c) create inconsistencies with your later medical records that can be used to impeach your credibility at trial.
You are legally required to cooperate with your own insurer under your UM/UIM policy. You are not required to give any statement — recorded or otherwise — to the adverse driver’s insurer. Politely decline and refer them to your attorney.
Texas UM/UIM Coverage: Your Backup Plan
Approximately 20% of Texas drivers carry no auto insurance despite the legal requirement. Many more carry only the state minimum coverage ($30,000 per person, $60,000 per accident for bodily injury) — an amount that can be exhausted in a single ER visit for a serious DUI injury. Your own UM/UIM coverage closes this gap.
| Scenario | What UM/UIM Covers | Your Policy Limit Applies |
|---|---|---|
| Drunk driver has no insurance | Your full damages up to your UM policy limit | Yes — your UIM limits control |
| Drunk driver has $30K policy; you have $200K in damages | The $170K gap (your UIM limit minus their policy limit) | Yes — UIM supplements the shortfall |
| Hit-and-run by suspected drunk driver | UM coverage applies if there was physical contact between vehicles | Yes — document physical evidence of contact |
| Drunk driver’s insurer is slow-paying or acting in bad faith | Texas Prompt Payment of Claims Act may trigger 18% interest penalty on delayed payments | Your attorney handles bad faith claims |
Pro tip: Review your own auto policy before an accident, not after. If your UM/UIM limits match only the Texas minimum ($30K/$60K), consider increasing them. For individuals with significant assets or income, $100,000–$500,000 in UM/UIM coverage costs a relatively small annual premium and can be the difference between full recovery and personal financial catastrophe when hit by an uninsured drunk driver.
Phase 6 — Medical Liens: Protecting Your Settlement Money
What Is a Medical Lien and Why It Matters
A medical lien is a legal claim that gives a healthcare provider or insurer the right to be reimbursed from your personal injury settlement before you receive your net proceeds. In a DUI case with significant medical expenses, lien resolution is often the most financially complex part of the process — and a step that can make the difference between walking away with meaningful compensation and receiving a much smaller net check.
Under Texas Property Code Chapter 55, hospitals can file a lien against your personal injury recovery for:
- Emergency treatment provided within 72 hours of the accident
- Inpatient treatment during the first 100 days of hospitalization
Only hospitals, certain EMS providers, and hospital-based physicians can file these liens — not private physicians, chiropractors, urgent care clinics, or physical therapists. Charges from non-hospital providers cannot be secured by a Texas hospital lien, though your health insurer’s subrogation rights are a separate issue.
The Lien Inflation Problem and How to Fight It
Hospitals typically file liens at their chargemaster rates — the hospital’s internal list prices that are routinely 3 to 5 times higher than what private insurers actually pay for the same services. A hospital that would accept $15,000 from Blue Cross for a procedure files a lien for $52,000 at chargemaster rates. These inflated lien amounts are often negotiable.
| Lien Type | Who Files It | Legal Authority | Negotiable? | Tactical Approach |
|---|---|---|---|---|
| Hospital lien | Hospitals, EMS providers, hospital-based physicians | Tex. Prop. Code Ch. 55 | Yes — often significantly | Challenge at chargemaster rates; demand itemized billing; negotiate to actual-cost or insurance-rate equivalent |
| Health insurance subrogation | Your health insurer (BCBS, Aetna, UnitedHealth, etc.) | Plan documents + Tex. Ins. Code § 1204 | Often yes — especially if recovery is limited | Invoke the ‘made-whole doctrine’ (if your total recovery doesn’t make you whole, insurer may waive or reduce lien) |
| Medicare lien | Centers for Medicare & Medicaid Services (CMS) | Medicare Secondary Payer Act | Limited — must reimburse Medicare | Attorney must notify CMS; resolve via conditional payment process before settlement disburses |
| Medicaid lien | Texas HHSC (state Medicaid program) | Tex. Hum. Res. Code § 32.033 | Limited | Texas Medicaid lien capped at 1/3 of recovery; can be negotiated |
| Attorney’s fee lien | Your attorney (if they have a contingency agreement) | Attorney-client contract | Fixed by contract | Typically 33%–40% of gross recovery; negotiated at engagement |
The 50% Protection Rule: Under Texas Property Code § 55.006, a hospital lien cannot exceed one-half (50%) of the amount of the judgment, settlement, or insurance proceeds paid to the patient. This statutory protection ensures that even if a hospital files an enormous lien, it cannot consume your entire recovery — you are guaranteed at least 50% of the net settlement.
Best practice: Never disburse settlement funds before all liens are identified, verified, and resolved. Failing to satisfy a valid lien means the lienholder can pursue the funds directly from you — and in some cases, from your attorney personally. An experienced personal injury attorney maintains a lien-resolution workflow as a core part of their case management.
Phase 7 — Calculating What Your Case Is Worth
Economic Damages: The Documented Losses
Economic damages are the quantifiable, out-of-pocket losses resulting from the crash. In Texas, they are not subject to a damages cap (unlike noneconomic damages in some contexts) and are calculated based on actual bills, records, and expert projections:
| Category | What It Includes | How It Is Calculated |
|---|---|---|
| Past medical expenses | All treatment from accident to settlement date: ER, surgery, imaging, PT, medications, specialist visits | Itemized medical bills at actual cost (not chargemaster rates after negotiation) |
| Future medical expenses | Projected ongoing treatment: future surgeries, long-term PT, pain management, assistive devices, in-home care | Life care plan prepared by a certified life care planner; discounted to present value |
| Lost wages | Income lost from missed work during recovery | Pay stubs, employer verification, tax returns; self-employed: 1099s and profit/loss records |
| Lost earning capacity | Permanent reduction in ability to earn income due to disability or disfigurement | Vocational expert testimony + economic expert present-value calculation |
| Property damage | Vehicle repair or replacement; personal property destroyed in crash | Repair estimates or actual cash value (ACV) appraisal |
| Out-of-pocket expenses | Transportation to medical appointments, home modifications, medical equipment, hired household help | Receipts and documentation of all expenditures |
Noneconomic Damages: The Human Cost
Texas law allows recovery for noneconomic damages that do not have a precise dollar value but represent very real harm:
- Physical pain and suffering — Past and future physical pain from injuries
- Mental anguish — Anxiety, PTSD, depression, and emotional distress caused by the crash and its aftermath
- Loss of enjoyment of life — Inability to participate in activities, hobbies, and experiences that were part of your life before the crash
- Disfigurement — Permanent scarring or physical alteration resulting from injuries
- Loss of consortium — The impact on your spousal relationship, including loss of companionship, intimacy, and household services
There is no formula for noneconomic damages in Texas personal injury cases — they are presented to the jury with the expectation that reasonable jurors will assign a fair dollar value. Your injury journal, testimony from family members and friends, and expert medical testimony about the long-term prognosis of your injuries all inform this calculation.
Real Settlement and Verdict Benchmarks for Houston DUI Cases
| Case Type | Typical Settlement/Verdict Range | Key Factors |
|---|---|---|
| Soft tissue / whiplash (full recovery) | $15,000–$75,000 | Short treatment duration; no permanent injury; lower economic damages |
| Moderate injuries (fractures, surgery, 6–18 months recovery) | $75,000–$400,000 | Surgical intervention; documented pain & suffering; some lost wages |
| Severe injuries (TBI, spinal injury, permanent disability) | $500,000–$5,000,000+ | High future medical costs; lost earning capacity; life care plan; punitive damages possible |
| Wrongful death (DUI fatality) | $1,000,000–$28,000,000+ | Survivor economic dependency; punitive damages; strength of dram shop claim; jury outrage factor |
| Multiple defendants (driver + establishment) | Significantly higher than single-defendant | Combined insurance pools; dram shop settlement often adds $500K–$2M to total recovery |
Ranges reflect documented Houston/Harris County case outcomes as reported by area law firms. Individual results vary significantly based on facts, liability clarity, insurance coverage, and trial venue. Past results do not guarantee future outcomes.
Phase 8 — Financial Protection: Safeguarding Your Assets
If You Are the At-Fault Driver: Texas Asset Protection
This section addresses a difficult scenario: if you or a family member was the at-fault driver in a DUI crash, your personal financial exposure can be severe. A Texas jury can award millions in a DUI wrongful death case; if your auto insurance limits are $30,000 and you are hit with a $2 million judgment, the difference comes from your personal assets.
Texas has among the strongest debtor-protection laws in the United States. Before a judgment is entered, understanding what is and is not collectible under Texas law is critical:
| Asset | Texas Protection | Details |
|---|---|---|
| Primary homestead | Unlimited exemption | Texas Constitution Art. XVI § 50; regardless of home value — one of the strongest homestead protections in the US |
| Personal property | Up to $100,000 (single) / $200,000 (family) | Tex. Prop. Code § 42.001; specific categories: vehicles, tools of trade, home furnishings |
| Retirement accounts (IRA, 401k) | Unlimited exemption | Tex. Prop. Code § 42.0021; all qualified retirement plans fully protected |
| Life insurance cash value | Unlimited exemption | Tex. Ins. Code § 1108.051 |
| College savings (529 plans) | Unlimited exemption if TX plan | Texas 529 plans protected; out-of-state plans may not be |
| Wages | 100% exempt from garnishment (except for child support/alimony) | Texas Constitution — Texas prohibits wage garnishment for most debts |
| Bank accounts / brokerage accounts | NOT protected | Cash above personal property exemption is subject to levy by judgment creditors |
| Business interests (non-homestead real property) | NOT protected | Commercial real estate and investment properties are subject to judgment liens |
Immediate Financial Steps If You Are at Fault
- Contact your auto insurance carrier immediately. Your insurer has a duty to defend you within your policy limits. Notify them of the accident before any contact with the victim or their attorney. Failure to report promptly can be grounds for coverage denial.
- Consult a personal injury defense attorney. Your insurer will assign a defense attorney, but that attorney’s primary duty is to the insurance company — not to you. If the claim exceeds your policy limits, you may need separate counsel to protect your personal assets.
- Do not transfer assets to family members. Post-judgment asset transfers to avoid creditors can be voided as fraudulent conveyances under the Texas Uniform Fraudulent Transfer Act (TUFTA). This can create additional legal liability beyond the original judgment.
- Consider an umbrella liability policy — for future protection if you do not already have one. An umbrella policy provides $1M–$5M in coverage above your auto and homeowner’s limits for approximately $150–$300/year.
Tax Implications: What Is and Isn’t Taxable After a Settlement
One of the most frequently misunderstood aspects of personal injury settlements is the tax treatment of the proceeds. Under IRS Code § 104(a)(2), compensatory damages received in a physical injury lawsuit are generally excluded from gross income — meaning you do not pay federal income tax on money you receive for medical expenses, pain and suffering, lost wages (related to physical injury), or emotional distress caused by a physical injury.
Important exceptions:
- Punitive damages are fully taxable as ordinary income. If you receive $500,000 in punitive damages, you owe federal income tax on that amount at your marginal rate.
- Interest on delayed settlement payments is taxable as ordinary income.
- Lost wages recovered in a physical injury case are generally tax-exempt under § 104, even though the same wages would otherwise be taxable income. However, your attorney should confirm this based on how the settlement agreement characterizes each component of the award.
- Structured settlements — periodic payments instead of a lump sum — are fully tax-exempt under § 104 if properly structured, and may provide meaningful tax planning benefits for large recoveries.
Always consult a CPA or tax attorney before finalizing any settlement exceeding $100,000. The allocation of settlement proceeds between taxable and non-taxable categories is a negotiating point that can meaningfully affect your net recovery.
Phase 9 — Choosing the Right Attorney: The Decision That Drives Everything
What to Look for in a Houston DUI Accident Attorney
Your choice of attorney is the single most consequential decision in this process. The difference between an experienced DUI trial attorney and a general practice attorney handling their first drunk driving case can literally be hundreds of thousands of dollars in your final recovery. Here is what to evaluate:
| Factor | What to Evaluate | Red Flag |
|---|---|---|
| Board certification | Texas Board of Legal Specialization in Personal Injury Trial Law | No board certification — most Texas attorneys are not board-certified specialists |
| Trial experience | Percentage of cases that go to verdict vs. settle; results at trial | Attorney who has never tried a jury case in Harris County |
| DUI/DWI case-specific experience | Prior dram shop cases; prior punitive damage awards; specific knowledge of TABC law | General auto accident practice with no DUI case history |
| Contingency fee structure | Standard: 33% pre-suit, 40% if filed, 45% if tried; expenses advanced | Upfront fees or hourly billing for plaintiff PI work |
| Resources to litigate | Access to accident reconstruction experts, toxicologists, life care planners, economic experts | Solo practitioner with no expert network |
| Local Harris County court experience | Relationships and experience in specific district courts where your case will be filed | Out-of-market attorney unfamiliar with local judges and jury pools |
The Free Consultation: Questions to Ask
Most Houston personal injury attorneys offer free initial consultations. Use this opportunity not just to evaluate the case but to evaluate the attorney. Key questions to ask:
- “How many DUI or DWI accident cases have you handled in Harris County, and what is your average settlement or verdict amount?”
- “Are you board-certified in personal injury trial law by the Texas Board of Legal Specialization?”
- “Will you personally handle my case, or will it be assigned to a junior associate?”
- “How often do your cases go to trial versus settling? What is your trial success rate?”
- “Do you have a relationship with accident reconstruction experts and toxicologists who can testify about BAC levels and driving impairment?”
- “Have you handled dram shop claims against Houston establishments? What was the outcome?”
Frequently Asked Questions
How long does a drunk driving accident lawsuit take in Houston?
Most DUI personal injury cases in Harris County resolve without going to trial — typically within 12–24 months of the accident date. Cases that go to verdict take longer, often 3–4 years from accident to final resolution. The timeline depends on: the severity of injuries (you should not settle before reaching maximum medical improvement), the number of defendants (adding a dram shop defendant extends discovery), and the at-fault insurer’s willingness to offer fair compensation without litigation. Do not accept any settlement offer in the first 90 days — the full extent of your injuries is rarely known that quickly, and an early settlement waives all future claims.
What if the drunk driver had no insurance?
Texas requires minimum auto liability coverage, but approximately 1 in 5 Texas drivers is uninsured. If the drunk driver carried no insurance, you have several options: (a) file a claim against your own UM (uninsured motorist) coverage; (b) pursue a dram shop claim against the establishment if alcohol was purchased there; (c) file suit against the driver personally and attempt to collect from their non-exempt assets (limited if they have few assets). Option (a) is typically the fastest recovery mechanism. If your UM limits are insufficient, explore dram shop and employer liability claims before closing your file.
Can I still recover damages if I was partly at fault?
Yes, under Texas’s modified comparative fault rule (Tex. Civ. Prac. & Rem. Code § 33.001), you can recover as long as you are found to be 50% or less at fault. Your recovery is reduced by your percentage of fault. Example: if your damages total $300,000 and a jury finds you 20% at fault (for, say, speeding), you recover $240,000. The drunk driver’s intoxication typically places the overwhelming majority of fault on them — but do not assume your attorney won’t need to rebut comparative fault arguments.
What is the difference between a DWI criminal case and my civil lawsuit?
These are entirely separate proceedings with different standards of proof and different outcomes. The criminal DWI case is prosecuted by the Harris County District Attorney’s Office, requires proof beyond a reasonable doubt, and results in criminal penalties (fines, license suspension, imprisonment). Your civil lawsuit is brought by you, requires proof by a preponderance of the evidence (more likely than not), and results in financial compensation. A drunk driver can be acquitted in criminal court and still be found liable in your civil suit — the O.J. Simpson case is the most famous example of this principle. A guilty plea or criminal conviction, conversely, is powerful evidence in your civil case.
Should I accept the insurance company’s first settlement offer?
Almost never — especially in a DUI case. Insurance adjusters are trained to make early, low offers before you know the full extent of your injuries, before you have hired an attorney, and before you understand the full scope of who may be liable. In DUI cases with potential punitive damages and dram shop defendants, an early offer typically represents a fraction of what a fully investigated case is worth. The one exception: if your injuries are genuinely minor, fully resolved, and your damages are fully documented, an early settlement can sometimes make sense. An attorney can help you evaluate this.
Bottom Line: The First Call You Make After the Hospital
A drunk driving crash in Houston is not just a car accident — it is a legal event with a specific clock, multiple potential defendants, a complex insurance landscape, and financial stakes that can determine your economic security for years. The decisions you make in the first 24–72 hours — getting medical treatment, preserving evidence, refusing to give recorded statements, and contacting an attorney — are not peripheral to your recovery. They are your recovery.
Your four immediate priorities after getting medical care:
- Preserve evidence — Send preservation letters to any bar or restaurant the driver visited. Do not repair your vehicle. Screenshot any social media posts by the at-fault driver about their evening.
- Contact a Houston DUI personal injury attorney — Most work on contingency (no fee unless you recover); the consultation is free. Do this before giving any statement to any insurance company.
- Document your injuries daily — Photographs, a pain journal, and consistent medical follow-up create the evidentiary record that determines your noneconomic damages.
- Review your own insurance policy — Know your UM/UIM limits. If the drunk driver is uninsured or underinsured, your own policy is your primary financial protection.
Key Texas resources:
→ State Bar of Texas Lawyer Referral Service — Find board-certified personal injury attorneys
→ Texas Department of Insurance — File an Insurance Complaint
→ Houston Police Department — Crash Report Portal
→ Texas Alcoholic Beverage Code Chapter 2 — Dram Shop Act (full text)
→ Texas Property Code Chapter 55 — Hospital Lien Law (full text)
This article was prepared for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content. Laws change; verify all statutes with a licensed Texas attorney. If you have been injured by a drunk driver in Houston, please consult a qualified Texas personal injury attorney before making any legal or financial decisions.
