Hit by a drunk driver in Austin: find a lawyer, deal with the DA and know who pays

Travis County had 1,140 alcohol-related crashes in 2025, and 34 people died. After a drunk driving crash in Austin, you can claim against the driver's insurance and possibly a bar that overserved. The criminal case runs separately. Your own lawsuit generally must be filed within 2 years.

Last checked November 9, 2026 · Official sources (35)

Hit by a drunk driver in Austin? See if you are owed money.

$0 upfront. No fee unless you win.

Free to send, no obligation. A law firm that handles this type of case in your state reviews it. How this works
Road map of central Austin around the Sixth Street entertainment district and nearby highways
Travis County: 1,140 alcohol crashes and 34 deaths in 2025. Map data © OpenStreetMap contributors.

Will Austin Police come if I think the other driver is drunk?

Say it plainly when you call. Austin Police say they do come when a driver seems impaired, even in crashes they would otherwise skip. That matters because a DWI arrest and a blood result are strong proof in your injury claim.

Late nights are the worst. APD says about 85 percent of collisions between midnight and 2:59 a.m. involve a driver under the influence. Its Impaired Driving Investigations Unit is small, two full-time detectives and one sergeant, so the officer on scene carries much of the case.

On No Refusal weekends, police seek a search warrant for blood if a suspect refuses a sample. Ask for the officer's name and the case number before you leave.

What is the difference between the DWI case and my injury claim in Austin?

Criminal DWI caseYour injury claim
Who runs itFelonies: Travis County District Attorney. Misdemeanors: Travis County Attorney.You and your lawyer.
What it can bringJail, probation and possibly restitution.Money for bills, lost pay and pain.
Your roleWitness, plus a victim impact statement.You decide whether to settle.
DeadlineSet by the prosecutors and the court.Generally 2 years.

Do not wait for the criminal case to end. It can take longer than your time to sue. A guilty plea can help you, but you can bring a claim even with no conviction.

  1. Felony case: call DA Victim Services at (512) 854-9449.
  2. Sign up for jail custody alerts through VINE at 877-894-8463, option 2.
  3. For support after a crash, Travis County lists MADD Victim Services at 512-445-4976.

Can I sue a bar on Sixth Street in Austin for serving a drunk driver?

Sometimes. Texas law reaches a seller only if it was apparent that the customer was obviously intoxicated and a clear danger, and the drinking caused the harm. For drinkers 18 and older, that statute is the only claim against the provider. A separate rule can reach an adult who serves someone under 18. A bar can also point to employee training to avoid blame for a worker's actions.

Austin's nightlife is a real part of this. A June 2023 APD memo says the Texas Alcoholic Beverage Commission inspected bars with open complaints as part of work on overserving. Anyone can file a complaint through TABC's AIMS system with no login, or mail a form to P.O. Box 13127, Austin 78711. A complaint is not a lawsuit, but it creates a record.

  • Find out where the driver drank. Police notes and card charges can show it.
  • Ask the bar in writing, the first week, to save its video and tabs.
  • Write down what witnesses saw: slurring, stumbling, more drinks anyway.

Who pays my bills after a drunk driving crash in Austin?

SourceWhat to know
The driver's insurerTexas requires at least $30,000 per person.
Your uninsured motorist coverageCovers uninsured or underinsured drivers. It stays on your policy unless rejected in writing.
A bar's insurerOnly if the dram shop test is met.
Texas crime victim fundCan help with medical bills, counseling and lost wages. DWI offenses are included. In Austin, call 512-936-1200.
The driver personallyA debt for injuries from drunk driving is not wiped out in bankruptcy.

Texas can add damages meant to punish, with clear and convincing proof of gross negligence. A cap usually limits them, but it does not apply to intoxication assault or intoxication manslaughter. Your share of the blame still counts, and above 50 percent you recover nothing.

What if someone I love was killed by a drunk driver in Austin?

We are very sorry. Nothing here has to be done today. The Travis County Medical Examiner looks into deaths from unnatural causes and can answer questions at (512) 854-9599. In Texas, a spouse, children and parents hold the wrongful death claim, and it generally must be filed within two years of the death. When you are ready, a lawyer can take the calls from insurers for you.

What should I ask a drunk driving accident lawyer in Austin?

  • Have you brought dram shop claims against Austin bars?
  • How will you work with the prosecutor on my case?
  • Which insurance could pay beyond the driver's minimum policy?

Questions

Do I need a conviction to sue a drunk driver in Austin?

No. The injury claim is separate from the case run by the DA or the County Attorney.

How long do I have to sue?

Generally 2 years. The Texas crime victim fund has its own rules, so apply soon.

Where do I complain about a bar in Austin?

To the Texas Alcoholic Beverage Commission, online through AIMS.

Can a drunk driver escape paying through bankruptcy?

A debt for injury caused by drunk driving is not discharged.

Hit by a drunk driver in Austin? See if you are owed money.

A free case review. $0 upfront. No fee unless you win.

See if I’m owed money

Sources (35)

  1. TxDOT, 2025 DUI (Alcohol) Crashes and Injuries by County, checked 2026-11-09. “| Travis | | 33 | 34 | 30 | 38 | 255 | 345 | 153 | 265 | 626 1,656 | | 43 | 152 1,140 |”
  2. Texas Alcoholic Beverage Code 2.02, checked 2026-11-09. “it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “City of Austin vehicle is involved”
  5. Travis County District Attorney, Victim Services, checked 2026-11-09. “please contact Victim Services at (512) 854-9449”
  6. Texas Insurance Code 1952.101, checked 2026-11-09. “protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles”
  7. Austin Police, Impaired Driving Investigations Unit, checked 2026-11-09. “around 85 percent of collisions occurring between midnight and 2:59 a.m. involve drivers who are under the influence of alcohol”
  8. Austin Police, Impaired Driving Investigations Unit, checked 2026-11-09. “The unit consists of two full-time detectives and one sergeant.”
  9. Austin Police, Impaired Driving Investigations Unit, checked 2026-11-09. “a search warrant is written and presented to a judge asking for a sample of the suspect’s blood.”
  10. Travis County District Attorney, FAQ, checked 2026-11-09. “if the crime charged is a felony offense, the case will be prosecuted by TCDA.”
  11. Travis County District Attorney, FAQ, checked 2026-11-09. “Misdemeanor cases are handled by the Travis County Attorney’s Office.”
  12. Texas Code of Criminal Procedure 42.037, checked 2026-11-09. “the court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense”
  13. Travis County District Attorney, Victim Services, checked 2026-11-09. “These rights include the right to complete a victim impact statement”
  14. Travis County Attorney, Victim Resources, checked 2026-11-09. “877-894-8463 (option 2)”
  15. Travis County Attorney, Victim Resources, checked 2026-11-09. “Help for victims of DWI 512-445-4976”
  16. Texas Alcoholic Beverage Code 2.03, checked 2026-11-09. “This chapter provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older.”
  17. Texas Alcoholic Beverage Code 2.02, checked 2026-11-09. “An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18”
  18. Texas Alcoholic Beverage Code 106.14, checked 2026-11-09. “the actions of an employee shall not be attributable to the employer if”
  19. Austin Police, Safer Sixth Street Resolutions memo (June 2023), checked 2026-11-09. “TABC completed inspections on bars with open complaints to curb this problem.”
  20. TABC, File a Business Complaint, checked 2026-11-09. “Anyone can file a complaint through AIMS, no login required.”
  21. TABC, File a Business Complaint, checked 2026-11-09. “Texas Alcoholic Beverage Commission, Attn: Enforcement Division, P.O. Box 13127, Austin, TX 78711.”
  22. Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
  23. Tex. Ins. Code § 1952.101(b)-(c), checked 2026-11-08. “unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”
  24. Texas Attorney General, checked 2026-11-09. “covering costs like medical bills, counseling, lost wages, and more”
  25. Texas Code of Criminal Procedure 56B.003, checked 2026-11-09. “Section 49.04 (driving while intoxicated)”
  26. Travis County Attorney, Victim Resources, checked 2026-11-09. “In Austin: 512-936-1200”
  27. 11 U.S.C. 523(a)(9), checked 2026-11-09. “for death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated”
  28. Texas Civil Practice and Remedies Code 41.003, checked 2026-11-09. “exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from”
  29. Texas Civil Practice and Remedies Code 41.008, checked 2026-11-09. “any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000”
  30. Texas Civil Practice and Remedies Code 41.008, checked 2026-11-09. “if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally”
  31. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  32. Travis County Medical Examiner, FAQ, checked 2026-11-08. “Deaths due to unnatural causes”
  33. Travis County Medical Examiner, FAQ, checked 2026-11-08. “You may also call the Medical Examiner's Office at (512) 854-9599 at any time with any additional questions.”
  34. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-08. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  35. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-08. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”

Editorial policy

See if I’m owed moneyNo fee unless you win
AccidentsCitiesStatesGuides
See if I’m owed money