Hit by a drunk driver in El Paso: who pays and where to get help

In 2025, El Paso County had 648 DUI crashes that killed 22 people. If you were hit, you can claim against the driver's insurer, and maybe a bar under Texas dram shop law. The state crime victim fund may help too. Texas generally gives you 2 years to sue.

Last checked November 9, 2026 · Official sources (36)

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Road map of El Paso showing Interstate 10 and the state roads that carry many of the city's most severe crashes
648 DUI crashes killed 22 people in El Paso County in 2025. Map data © OpenStreetMap contributors.

How common are drunk driving crashes in El Paso?

Common enough that the county's numbers are worth knowing. TxDOT counted 648 DUI crashes in El Paso County in 2025, with 22 people killed. The whole county had 70 traffic deaths that year, so impaired driving is a large share. The city's safety plan found that 11.5% of crashes involved a positive alcohol test.

A report matters here. City crashes go through EPPD Records at 911 N. Raynor St. for $6. Sheriff's reports are also $6. Read yours for an alcohol note and the officer's description of the driver.

Who pays if a drunk driver hits me in El Paso?

SourceWhat to knowYour step
Driver's auto insurerTexas minimum is $30,000 per person.Send your claim and bills
Your uninsured motorist coverageCovers uninsured or underinsured drivers.Find your policy and call your insurer
A bar or restaurantNeeds an obviously intoxicated, clearly dangerous customer.Save receipts and names of places
Texas crime victim fundDWI offenses count. Up to $50,000.Apply within 3 years
Court-ordered restitutionA criminal judge may order it.Tell the DA's office your losses

Minimum coverage disappears fast after a hospital stay, which is why your own policy matters. A jury can also award extra money called punitive damages for gross negligence, on clear and convincing proof. Texas caps those awards, but the cap does not apply to intoxication assault or manslaughter. Your share of fault still counts, and more than 50 percent ends the claim.

Can I sue the bar that overserved a drunk driver in El Paso?

Sometimes. The test is strict. It must have been apparent to the server that the person was obviously intoxicated to the point of being a clear danger. For drinkers 18 or older, that law is the only way to sue a server. A bar that trained its staff may have a defense. An adult who gives alcohol to someone under 18 can be liable too.

  1. Find out where the driver drank. The police report, a tab or a witness may show it.
  2. Ask for video right away. Bars do not keep it long.
  3. Contact TABC at 401 East Franklin Ave., Suite 120, or 915-351-3697.
  4. File a complaint if you think a licensed place broke the law. Anyone can do it online.

A TABC complaint is separate from your injury claim. It will not win money for you, but what TABC finds may become useful.

What happens with the criminal case in El Paso, and how do I stay informed?

The prosecutor's case and your money claim run on separate tracks. You do not have to wait for one to start the other, and the 2-year clock keeps running while the criminal case moves.

  • DA Victim Assistance Program: 915-273-3553.
  • EPPD Victim Assistance: 915-212-4011.
  • Sheriff Victim Services: 915-273-3806.
  • Mothers Against Drunk Driving, listed by the county: 877-623-4357.
  • Attorney General's Office, listed by the county: 800-983-9933.

EPPD's victim team can help you fill out the state's compensation application. Bring your police report number. If the driver later files bankruptcy, a debt for injuries from drunk driving generally cannot be wiped out, which can matter when you collect.

What if a drunk driver killed someone I love in El Paso?

We are sorry. You do not have to do everything today. The Medical Examiner's office is at 4505 Alberta Avenue, 915-273-3403. Victim advocates at the numbers above can explain what comes next. A wrongful death claim generally must also be filed within 2 years. Surviving spouses, children and parents can bring it.

Questions

How long do I have to sue a drunk driver in El Paso?

Generally 2 years. The crime victim fund has its own limit of 3 years from the crime.

Do I need a conviction to make a claim?

No. A civil claim is separate. Still, the criminal case can produce useful proof, so stay in touch with the DA's victim program at 915-273-3553.

Where is TABC in El Paso?

401 East Franklin Ave., Suite 120. Phone 915-351-3697.

What if the drunk driver has no insurance?

Check your uninsured motorist coverage. Ask about the crime victim fund too, which pays only as a last option.

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Sources (36)

  1. TxDOT, 2025 DUI Crashes and Injuries by County, checked 2026-11-08. “El Paso 21 22 35 44 161 264 60 110 354 861 17 44 648”
  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. Texas Attorney General, checked 2026-11-09. “covering costs like medical bills, counseling, lost wages, and more”
  4. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  5. El Paso County Victim Services, checked 2026-11-09. “DA Victim Assistance Program phone: 915-273-3553”
  6. Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
  7. 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”
  8. Texas Code of Criminal Procedure 56B.003, checked 2026-11-09. “Section 49.04 (driving while intoxicated)”
  9. Texas Attorney General, checked 2026-11-09. “this program is meant to pay only as a last option”
  10. TxDOT, 2025 Crashes and Injuries by County, checked 2026-11-08. “El Paso 67 70 274 308 3,129 4,407 1,792 2,894 11,629 34,177 957 3,629 17,848”
  11. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “11.5% of crashes involve a positive alcohol test”
  12. El Paso Police Department, Records & Reports, checked 2026-11-08. “EPPD RECORDS DIVISION 911 N. Raynor St El Paso, TX 79903”
  13. El Paso Police Department, Records & Reports, checked 2026-11-08. “Accident or Crash Reports $6.00”
  14. El Paso County Sheriff, Criminal / Accident Reports, checked 2026-11-08. “Crash Reports - $6.00”
  15. Texas Attorney General, checked 2026-11-09. “The CVC Program can help cover costs up to $50,000”
  16. Texas Attorney General, checked 2026-11-09. “You're applying within 3 years of the crime”
  17. 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”
  18. 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”
  19. 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”
  20. 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”
  21. 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”
  22. 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.”
  23. Texas Alcoholic Beverage Code 106.14, checked 2026-11-09. “the actions of an employee shall not be attributable to the employer if”
  24. 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”
  25. TABC El Paso Office, checked 2026-11-09. “401 East Franklin Ave. Suite 120 El Paso, TX 79901”
  26. TABC El Paso Office, checked 2026-11-09. “Phone: 915-351-3697”
  27. TABC File a Business Complaint, checked 2026-11-09. “Anyone can file a complaint through AIMS, no login required.”
  28. El Paso County Victim Services, checked 2026-11-09. “EPPD Victim Assistance phone: 915-212-4011”
  29. El Paso County Victim Services, checked 2026-11-09. “Sheriff Victim Services phone: 915-273-3806”
  30. El Paso County Victim Services, checked 2026-11-09. “Mothers Against Drunk Driving phone: 877-623-4357”
  31. El Paso County Victim Services, checked 2026-11-09. “Attorney General's Office phone: 800-983-9933”
  32. EPPD Victim Services, checked 2026-11-09. “assists with the application for the Texas Crime Victim”
  33. 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”
  34. El Paso County, Medical Examiner, checked 2026-11-08. “4505 Alberta Avenue El Paso, TX 79905”
  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.”
  36. 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.”

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