Hit by a drunk driver in Houston: who pays and when a lawyer can sue the bar

Harris County had 3,090 alcohol-related crashes in 2025, with 138 people killed. In Houston, the drunk driver's insurance usually pays first, and your own uninsured motorist coverage can add more. A bar can be liable only if the drinker was obviously intoxicated and a clear danger. You generally have 2 years to sue.

Last checked November 9, 2026 · Official sources (37)

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Road map of Houston and Harris County, the area covered by state counts of alcohol-related crashes in 2025
A Houston bar is liable only if the drinker was obviously drunk. Map data © OpenStreetMap contributors.

How many drunk driving crashes happen in Houston?

2025, TxDOT countsCrashesPeople killedSeriously injured
City of Houston1,86086125
All of Harris County3,090138224

City data from 2022 found impaired driving was a factor in 32% of Houston traffic deaths. A conviction can help your civil claim, but you do not need to wait for one to talk to a lawyer or to an insurer.

Who investigates a DWI crash in Houston?

Houston Police investigated 53,902 crashes in 2025. The department has a DWI Task Force of dedicated officers. Its Vehicular Crimes Division investigates fatal crashes and hit-and-runs. You can reach that division at 713-247-4072. Outside the city, the Harris County Sheriff's Office is often the agency, and it worked 26,110 crashes in 2025.

Get the crash report early. HPD sells it through BuyCrash, and by mail it costs $6. Look for what the officer wrote about alcohol, a breath or blood test, and arrest charges. If the report leaves out the bar or restaurant, tell the officer or the prosecutor what you know.

Who pays after a drunk driver hits me in Houston?

Source of moneyWhat to know
Drunk driver's car insuranceTexas requires at least $30,000 per person. Serious injuries pass that number fast.
Your uninsured or underinsured coveragePays when the driver has no coverage or too little. 12% of Texas vehicles are not matched to a policy.
A bar or restaurantOnly under the Texas dram shop law, described below.
The driver's own assets, as punishmentPunitive damages need clear and convincing proof of gross negligence. The usual cap may not apply to intoxication assault or manslaughter.
Criminal courtA judge may order restitution from the person convicted.
Texas Crime Victims' CompensationCan help with medical bills, counseling and lost wages, and pays only as a last option.

Can I sue the bar that served the drunk driver in Houston?

Sometimes, and the test is strict. You must show it was apparent to the server that the person was obviously intoxicated and a clear danger to themselves and others, and that the alcohol caused the crash. For a drinker 18 or older, this law is the only claim against whoever served the drink.

Bars can defend themselves in a specific way. If the employer required server training and did not encourage overserving, an employee's actions may not count against it. A house party is usually different. Texas does make an adult 21 or older liable for serving a minor under 18 in some situations.

The Texas Alcoholic Beverage Commission takes complaints about licensed places selling to intoxicated people. Anyone can file online with no login. A complaint is not a lawsuit and will not pay your bills, but an investigation can leave a record. Bar video can be erased quickly, so have someone ask for it in writing right away.

What happens in the Harris County criminal case?

  1. Find the coordinator. On a pending case, your contact is the Victim Assistance Coordinator or the assigned prosecutor. The District Attorney's Office is at 1201 Franklin, Suite 600, 713-274-5800.
  2. Sign up for alerts. IVSS can tell you about future court dates and any release from custody.
  3. Write a Victim Impact Statement. It tells the court how the crash affected your body, your family and your money.
  4. Ask for restitution, and keep your receipts so you can prove the amount.
  5. If a loved one died, HPD's Victim Services Unit can help at 713-308-0080.

Can a drunk driver's insurance blame me for the Houston crash?

Yes, it can try. Texas bars recovery if you are more than 50 percent responsible, and cuts your award by your share below that. When several parties share the blame, each usually pays its own percentage, but one found more than 50 percent responsible can owe the whole amount. That is why the split between a driver and a bar matters so much.

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

  • Will you try to find where the driver was drinking, and send a letter to save the video?
  • Do my facts support a claim for punitive damages?
  • Will you work with the Harris County prosecutor on restitution?

Questions

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

Generally 2 years from the crash. A crime victim fund application is due within 3 years of the crime.

Does the drunk driver have to be convicted before I sue in Houston?

We found no rule that requires it. The civil claim and the Harris County criminal case are separate, though a conviction can help.

Can I get punitive damages from a Houston drunk driver?

Possibly, with clear and convincing proof of gross negligence and a unanimous jury. Texas usually limits them to twice economic damages plus noneconomic damages up to $750,000, or $200,000 if that is more.

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Sources (37)

  1. TxDOT, DUI (Alcohol) Crashes and Injuries by County 2025, checked 2026-11-09. “Harris 126 138 163 224 427 669 495 825 1,757 4,534 122 456 3,090”
  2. 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”
  3. 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”
  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. Houston Police, Vehicular Crimes, checked 2026-11-08. “VCD is specifically tasked with investigating crashes with a criminal nexus, such as fatal crashes, Failure to Stop and Render Aid (FSRA), Failure to Stop and Give Information (FSGI) accidents, as well as crashes involving HPD and HFD fleet vehicles.”
  6. Houston Police, Phone Directory, checked 2026-11-08. “Vehicular Crimes Division 713 247-4072”
  7. Texas Code of Criminal Procedure 56B.003, checked 2026-11-09. “Section 49.04 (driving while intoxicated)”
  8. Texas Attorney General, checked 2026-11-09. “You're applying within 3 years of the crime”
  9. Harris County District Attorney, Support for Survivors, checked 2026-11-09. “You may register with IVSS for information about defendants who are currently in custody.”
  10. TxDOT, DUI (Alcohol) Crashes and Injuries by City 2025, checked 2026-11-09. “HOUSTON 75 86 86 125 198 296 360 609 1,047 2,706 94 379 1,860”
  11. City of Houston, Vision Zero Annual Report 2022, checked 2026-11-08. “Impaired 28% 32% 14% 10%”
  12. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “HOUSTON PD 264 284 1,086 1,279 4,276 5,953 12,300 18,429 33,421 97,773 2,555 18,384 53,902”
  13. Houston Police Department, DWI Task Force, checked 2026-11-09. “The HPD DWI Task Force is a dedicated group of officers”
  14. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “HARRIS COUNTY 146 150 601 695 2,456 3,464 2,650 4,007 19,520 53,604 737 4,580 26,110 SO”
  15. Houston Police, Public Information Requests, checked 2026-11-08. “Crash Reports can be purchased online from the Texas Department of Transportation at https://buycrash.lexisnexisrisk.com”
  16. Houston Police, Public Information Requests, checked 2026-11-08. “Send a check / money order for $6.00 (made payable to the City of Houston)”
  17. 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.”
  18. Texas Department of Insurance, Uninsured motorist coverage, checked 2026-11-08. “More than 2.4 million state-registered vehicles are not matched to an insurance policy.”
  19. 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.”
  20. 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”
  21. 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”
  22. 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”
  23. Texas Attorney General, checked 2026-11-09. “covering costs like medical bills, counseling, lost wages, and more”
  24. Texas Attorney General, checked 2026-11-09. “this program is meant to pay only as a last option”
  25. Texas Alcoholic Beverage Code 106.14, checked 2026-11-09. “the actions of an employee shall not be attributable to the employer if”
  26. 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”
  27. Texas Alcoholic Beverage Commission, File a Business Complaint, checked 2026-11-09. “Selling alcoholic beverages to minors or intoxicated people.”
  28. Texas Alcoholic Beverage Commission, File a Business Complaint, checked 2026-11-09. “Anyone can file a complaint through AIMS, no login required.”
  29. Harris County District Attorney, Support for Survivors, checked 2026-11-09. “your best point of contact is the Victim Assistance Coordinator or assistant district attorney who is assigned to the case”
  30. Harris County District Attorney, Support for Survivors, checked 2026-11-09. “713-274-5800”
  31. Harris County District Attorney, Support for Survivors, checked 2026-11-09. “helps the criminal justice system understand the emotional, physical, and financial effects of a crime on victims and their families”
  32. Houston Police, Phone Directory, checked 2026-11-08. “Victim Services Unit 713 308-0080”
  33. 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”
  34. Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility”
  35. Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent”
  36. Texas Civil Practice and Remedies Code 41.003, checked 2026-11-09. “Exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary damages.”
  37. 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”

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