EXPERIENCED PERSONAL INJURY LAWYER SERVING ALL OF TEXAS
Getting hit by a drunk driver turns your life upside down fast. Medical bills stack up. Your car is wrecked. You may not be able to work. And somewhere in that chaos, an insurance adjuster calls asking for a recorded statement before you have had a chance to think straight. This guide is written for people in that exact position — Arlington residents who were hurt in a DUI or DWI crash and want to know what their rights actually are, not a glossy overview that could apply to anyone in any state.
I’m Geoffrey Dashner, a personal injury attorney based here in Arlington, Texas. I’ve handled DUI and DWI accident cases across the Dallas-Fort Worth area for years, and I’ve seen the same mistakes hurt victims’ cases again and again. At Dashner Law Firm | Arlington Injury & Accident Attorney, we work specifically with people who have been injured through someone else’s reckless choices behind the wheel. This post covers what you need to know in 2026 — including Texas-specific laws, how the civil and criminal cases interact, what damages are actually recoverable, and the steps that matter most right after a crash.
What Happens to a DWI Civil Case When the Drunk Driver Is Facing Criminal Charges in Texas?
This is one of the most misunderstood points in drunk driving injury cases. The criminal DWI prosecution and your civil personal injury lawsuit are two completely separate legal processes. They run on different timelines, use different standards of proof, and serve different purposes. The criminal case is handled by the Tarrant County District Attorney’s office and aims to punish the driver. Your civil claim is about getting you compensated for your actual losses.
The burden of proof in criminal court is “beyond a reasonable doubt.” In your civil case, it drops to “preponderance of the evidence” — meaning it’s more likely than not that the driver’s intoxication caused your injuries. That’s a much lower bar. So even if a criminal case gets plea-bargained down, dismissed on a technicality, or results in a not guilty verdict, you can still win your civil claim and recover full compensation.
That said, a criminal conviction is powerful evidence. If the driver is convicted of DWI under Texas Penal Code § 49.04, that conviction can be used in your civil case to establish negligence. A guilty plea is even more useful — the driver has essentially admitted the conduct. In 2026, Texas courts continue to recognize that a DWI conviction creates a strong presumption of negligence per se, which simplifies your burden significantly.
One thing worth watching: if the driver is charged and out on bond, they may try to delay your civil case, hoping you’ll settle cheap before a criminal conviction comes in. Don’t rush a settlement just because the civil case feels stalled. A drunk driver’s insurer knows that a conviction makes their client look worse, and they may push for a fast, low settlement before that happens. Resist that pressure. Wait for the full picture.
You can learn more about how Texas handles DWI-related injury claims through our Texas DWI Accident Attorney resource page.
How Does Texas Law on Exemplary (Punitive) Damages Apply to DUI Accident Cases in Arlington?
Most personal injury cases in Texas are capped at actual damages — medical costs, lost wages, pain and suffering. Drunk driving cases are different. Under Texas Civil Practice & Remedies Code § 41.003, exemplary damages (what most people call punitive damages) are available when the defendant acted with “gross negligence” or “malice.” Choosing to drive drunk meets that standard in most Texas courts.
Exemplary damages are not tied to what the driver’s insurance will pay. They’re intended to punish the wrongdoer and send a message. In 2026, Texas caps exemplary damages at the greater of $200,000 or two times economic damages plus up to $750,000 in non-economic damages. So if your actual damages are substantial, the ceiling on punitive damages can be significant.
Here’s the practical part: most auto liability policies exclude punitive damages. That means you may be pursuing exemplary damages directly against the driver’s personal assets. This is where asset investigation becomes important. Does the driver own real estate? A business? Investment accounts? An experienced DUI accident lawyer will look into that before advising you on litigation strategy.
There is also a separate issue around dram shop liability. Texas Alcoholic Beverage Code § 2.02 allows injured parties to sue a bar, restaurant, or other licensed alcohol provider if they served alcohol to an “obviously intoxicated” person who later caused an accident. Arlington has dozens of bars and restaurants along Division Street, Collins Street, and near the AT&T Stadium area. If the driver was over-served at a local establishment, that business could share liability — and their commercial liability policy often has deeper pockets than the driver’s personal auto policy. CDC data on alcohol-impaired driving consistently shows that a large percentage of drunk driving crashes involve someone who was drinking at a commercial establishment before getting behind the wheel.
What Injuries Are Most Common in DWI Crashes, and How Do They Affect Your Compensation Claim?
Drunk drivers cause a specific type of crash. They often don’t brake before impact because their reaction time is severely impaired. That means collisions at full speed, often at intersections or on highways. According to the National Institute on Alcohol Abuse and Alcoholism, alcohol significantly slows reaction time and reduces the ability to make quick decisions — which is why drunk driving crashes tend to be high-impact events rather than low-speed fender-benders.
The injuries I see most often in these cases include traumatic brain injury, spinal cord damage, broken bones, internal organ damage, and severe lacerations. Traumatic brain injury deserves special attention because symptoms are often delayed. You might feel okay the night of the crash and develop headaches, memory problems, or personality changes over the following days or weeks. If you had any loss of consciousness, even briefly, get evaluated by a neurologist — not just the emergency room physician who saw you for an hour. Johns Hopkins Medicine notes that many TBI symptoms don’t present until 24 to 72 hours after the initial injury.
The nature of your injuries directly affects your compensation claim in two ways. First, it determines the objective economic damages — surgeries, hospitalization, rehabilitation, future care costs, lost earning capacity. Second, it shapes the non-economic damages, which in Texas cover pain and suffering, mental anguish, physical impairment, and loss of enjoyment of life. Texas does not cap these in most personal injury cases (the cap applies in medical malpractice, not DWI accidents).
One common mistake: people settle before reaching maximum medical improvement. You don’t know your full damages until you know the endpoint of your treatment. If you settle for $50,000 and then need a second surgery six months later, that settlement is final. Your attorney should not be pushing you toward settlement until your doctors have a clear picture of your long-term prognosis.
Pedestrians struck by drunk drivers face some of the worst outcomes. If you or a family member was hit on foot, our Texas Pedestrian Accident Attorneys page covers the specific legal issues involved in those cases.
How Does Comparative Fault Work If the Insurance Company Claims You Were Partially Responsible for the Crash?
This is a tactic defense attorneys and insurance adjusters use more than people realize — even in drunk driving cases. Texas follows a modified comparative fault rule under Civil Practice & Remedies Code § 33.003. You can recover damages as long as you are found to be less than 51% at fault. But your recovery is reduced by your percentage of fault. If you are found 20% responsible and your damages are $100,000, you collect $80,000.
Why would an insurer argue comparative fault in a DUI case? Several scenarios come up. You may have been speeding. You may have had a drink yourself — even one beer can give an insurer something to work with if they can raise doubt. You may have pulled out in front of the drunk driver. Your passengers may have known the driver was intoxicated and chose to get in the vehicle. None of these automatically defeat your claim, but they do create arguments the other side will use.
The best protection against a manufactured comparative fault argument is evidence. Dashcam footage. Traffic camera video. Cell phone records showing the other driver was not only drunk but also possibly distracted. Witness statements taken the same day — memories fade fast. Police accident reports from the Arlington Police Department or the Texas DPS are critical, but they are a starting point, not the whole picture. An accident reconstructionist can sometimes be necessary to prove exactly how the crash happened.
In 2026, one trend I’ve noticed is insurers raising comparative fault arguments more aggressively, partly because verdicts have increased and they are trying harder to reduce their exposure. Having a DUI accident lawyer in your corner early — ideally within the first week after the crash — makes a real difference in how the evidence is collected and preserved.
FindLaw’s guide on comparative negligence provides a solid overview of how this doctrine works across states if you want a broader legal reference.
What Is the Insurance Claims Process for DWI Accident Victims in Texas, and Where Do Most Claims Break Down?
Texas requires drivers to carry minimum liability coverage of $30,000 per person and $60,000 per accident. That’s not a lot for a serious DWI crash. Many drunk drivers carry only minimum coverage or, worse, no insurance at all. Justia’s legal resources offer background on Texas insurance requirements, but here’s what matters practically for Arlington victims.
If the drunk driver is uninsured or underinsured, you may need to turn to your own policy’s uninsured/underinsured motorist coverage. Texas does not require insurers to offer UM/UIM coverage, but they must offer it and get a written rejection if you decline it. Many Arlington drivers don’t realize they have this coverage until they need it. Pull out your declarations page and look.
The claims process typically breaks down in four places. First, liability disputes — the insurer argues their driver wasn’t intoxicated enough to be at fault (yes, they do this). Second, injury disputes — adjusters frequently claim your injuries were pre-existing or minor. Third, valuation disputes — the insurer offers $8,000 for a broken arm that required surgery and three months of physical therapy. Fourth, settlement timing — they rush you toward settlement before your medical situation is fully understood.
One thing that does not get discussed enough: the insurer for the drunk driver is not on your side. They are on their client’s side. Their adjuster’s job is to close your file as cheaply as possible. Any recorded statement you give them, any early medical records you sign releases for, any comment about how you’re “feeling better” — all of that can be used to minimize your claim. You have no obligation to give a recorded statement to the other driver’s insurer. Do not do it before speaking with a lawyer.
Texas also has a two-year statute of limitations for personal injury claims under Civil Practice & Remedies Code § 16.003. That clock starts on the date of the crash. Missing it means losing your right to sue, period. Two years feels like a long time in the chaos after a serious accident, but evidence disappears faster than that. Witnesses move. Surveillance footage gets overwritten. Get legal help early.
See our reviews and past case results to understand what outcomes look like when a DWI case is handled properly from the start.
What Steps Should Arlington DWI Accident Victims Take in the First 72 Hours?
The first three days after a drunk driving crash are the most important for your legal claim. Here’s what actually matters, broken down practically.
Get medical care immediately. Even if you think you’re okay. Adrenaline masks pain. Internal injuries and TBI symptoms often don’t appear for hours. Going to the emergency room or urgent care creates a medical record that ties your injuries to the crash. Delays in treatment are one of the most common arguments insurers use to claim injuries weren’t caused by the accident.
Get the police report number. Arlington Police will respond to serious crashes. Ask the responding officer for the incident or report number so you can request the full report later. That report will note whether the driver was field-tested or taken for a blood alcohol test. In Texas, a BAC of 0.08% or above is legal intoxication under Penal Code § 49.01, but civil liability can exist even below that threshold if the driver’s ability was impaired.
Document the scene if you can. Photograph the vehicles, road conditions, skid marks, traffic signs, and your injuries. If you’re injured and can’t do this yourself, ask someone to do it for you. The scene changes quickly — roads get repaired, cars get towed and repaired.
Write down what you remember. Time, direction of travel, weather, what you saw the other driver do, anything witnesses said. Your memory is most accurate right after the event. Courts give weight to contemporaneous notes.
Do not post about the crash on social media. No Instagram. No Facebook. Nothing. Defense attorneys and insurance adjusters routinely pull social media posts and use them to argue you’re not as injured as you claim. A single photo of you at a barbecue two weeks after the crash — even if your back is killing you — can hurt your case.
Contact a DUI accident lawyer. Not to file a lawsuit immediately, but to protect your rights. A lawyer can send a spoliation letter to the bar or restaurant if dram shop liability is a possibility, demanding they preserve surveillance footage before it’s deleted. They can communicate with the insurer on your behalf so you don’t inadvertently say something harmful.
Learn more about our team and why we focus specifically on serious injury cases like DWI crashes across Texas.
Get Real Help from a DWI Accident Attorney Who Knows Arlington
Drunk driving crashes are not ordinary accidents. They involve a choice — a deliberate decision by someone to get behind the wheel knowing they were impaired — and Texas law allows you to hold them fully accountable for that choice. But the window to build a strong case is narrow, and the insurance process is designed to minimize what you receive.
At Dashner Law Firm | Arlington Injury & Accident Attorney, we handle DUI and DWI injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. We serve clients throughout Arlington and across Texas, including cases involving serious injuries, wrongful death, and dram shop claims against commercial establishments.
If you were injured in a drunk driving crash, contact us for a free, no-obligation consultation. We’ll review the facts of your case, explain your options clearly, and tell you honestly what we think your case is worth.
Call us today at (817) 203-8018.
Visit our Arlington office at 4275 Little Rd # 205, Arlington, TX 76016.
You can also visit dashnerlaw.com to learn more about the firm or browse our legal blog for more information on Texas personal injury law.
