Hit by a drunk driver in McAllen: find a DWI accident lawyer and know who pays

Texas lets you sue a bar only if the person was obviously intoxicated and a clear danger. You generally have 2 years to sue. The Hidalgo County District Attorney's Victims Unit, at (956) 292-7600, can help you apply for crime victims compensation. McAllen had 137 alcohol-related crashes in 2025.

Last checked November 9, 2026 · Official sources (30)

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Road map of McAllen with North 2nd Street shown, a corridor where the city's safety plan lists drunk driving among the most common crash types
McAllen had 137 alcohol-related crashes in 2025, with 4 people killed. Map data © OpenStreetMap contributors.

How common are drunk driving crashes in McAllen?

TxDOT counted 137 alcohol-related crashes in McAllen in 2025, with 4 people killed. The city's own review of 2018 to 2023 found drinking was reported more often in fatal or serious crashes than in crashes overall. Residents surveyed for that plan listed impaired driving among their top traffic safety fears.

The worst hours line up with what you might expect. Of fatal or serious crashes, 18% came between midnight and 3 a.m., and Saturdays had more of them than any other day. On North 2nd Street, the plan lists drunk driving incidents among the most common crash types.

What happens to my claim after a DWI crash in McAllen?

Two separate things happen at once, and people often wait on the wrong one. The state prosecutes the driver. You, not the state, have to go after the money. A guilty plea can help your claim, but it can also take longer than your deadline allows.

Criminal caseYour injury claim
Who brings itHidalgo County District Attorney, 100 East Cano St., EdinburgYou, usually with a lawyer
What it can get youRestitution, if the court orders itMedical bills, lost pay, pain and suffering
DeadlineSet by the prosecutor's timingGenerally 2 years
Your jobStay reachable for the Victims UnitSave proof and file on time

What should I do first after a drunk driver hits me in McAllen?

  1. Tell the officer you think the driver was drinking and why: the smell, slurred words, open containers. McAllen Police investigated 2,630 crashes in 2025.
  2. Get a report number. McAllen Police reports cost $6, or $8 certified, and Crime Records is at (956) 681-2080.
  3. Write down where the driver said they had been. Names of bars, restaurants, parties and friends matter more than almost anything else in the first week.
  4. Ask a witness or a passenger to do the same. Save your own photos and any video from nearby businesses.
  5. Call the DA's Victims Unit at (956) 292-7600 and ask about your rights in the case.

Can I sue a McAllen bar that served the drunk driver?

Sometimes. The bar must have sold or served the person, and it must have been apparent the person was obviously intoxicated and a clear danger. For someone 18 or older, this statute is the only claim you get against the seller. A bar can also escape blame for an employee's acts if it required seller training and met other conditions.

Adults can also owe money for giving alcohol to someone under 18. That covers house parties, not only bars.

You can report a bar to the Texas Alcoholic Beverage Commission. It takes reports of sales to intoxicated people, and anyone can file online without a login. TABC closed its McAllen office in 2022, but said agents would keep working in the area. A complaint does not replace a lawsuit, and video from a bar can be erased fast. Send a written request to keep it right away.

Who pays if the McAllen drunk driver has no insurance?

  • The driver's policy. Texas requires only $30,000 per person, which a serious injury can use up quickly.
  • Your uninsured motorist coverage, which is in your Texas policy unless a named insured rejected it in writing.
  • The bar, if the rules above fit.
  • The state's crime victims program. It can help with medical bills, counseling and lost wages, and it includes DWI and intoxication offenses.

A driver who has no money today may have some later. A debt for death or injury caused by drunk driving is not wiped out in bankruptcy.

Can I get punitive damages in a McAllen DWI crash?

They are possible but hard. You need clear and convincing proof of gross negligence. Texas usually caps them at twice your economic losses plus up to $750,000 of non-economic damages, or $200,000 if that is more.

The cap does not apply to intoxication assault or intoxication manslaughter. Ask whether criminal charges of that kind were filed. If your share of the blame goes above 50%, you collect nothing, even when the other driver was drunk.

Questions

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

Generally 2 years. Do not wait for the criminal case to finish.

Is there a TABC office in McAllen?

No. TABC closed it in 2022, but you can still file online.

Does a DWI conviction win my case?

It helps prove fault, but you still must prove your injuries and what they cost you.

Who helps crime victims in Hidalgo County?

The District Attorney's Victims Unit explains your rights and helps you apply for compensation.

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Sources (30)

  1. 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”
  2. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  3. Hidalgo County District Attorney, Victims Unit, checked 2026-11-09. “100 East Cano St. Edinburg, TX 78539 956-292-7600”
  4. Hidalgo County District Attorney, Victims Unit, checked 2026-11-09. “assist them in applying for crime victims compensation”
  5. TxDOT, 2025 DUI (Alcohol) Crashes and Injuries Cities and Towns, checked 2026-11-08. “MCALLEN 4 4 9 20 25 37 34 67 64 170 1 8 137”
  6. Texas Code of Criminal Procedure 56B.003, checked 2026-11-09. “Section 49.04 (driving while intoxicated)”
  7. 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”
  8. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “are reported more frequently in FSI crashes compared to all crashes”
  9. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-09. “top traffic safety concerns are: people driving while impaired”
  10. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “36% of FSI crashes happened between 3 p.m. and 9 p.m. Another 18% of FSI crashes happened between 12 a.m and 3 a.m.”
  11. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “The highest number of FSI crashes occurred on Saturdays”
  12. City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-09. “The following crash types were the most common along this corridor: • Driver failing to yield right of way turning left • Driver failing to control speed • Driver failing to control speed • Driver failing to yield right of way turning left • Drunk driving incidents”
  13. 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”
  14. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “MCALLEN PD 10 12 40 55 620 905 866 1,614 1,032 4,916 62 241 2,630”
  15. McAllen Police Department, FAQ, checked 2026-11-08. “All accident reports are $6.00 dollars and certified copies of accident reports are $8.00 dollars.”
  16. McAllen Police Department, FAQ, checked 2026-11-08. “inquiry on the status of your report at (956) 681-2080”
  17. 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.”
  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. 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”
  20. Texas Alcoholic Beverage Commission, File a Business Complaint, checked 2026-11-09. “Selling alcoholic beverages to minors or intoxicated people.”
  21. Texas Alcoholic Beverage Commission, File a Business Complaint, checked 2026-11-09. “Anyone can file a complaint through AIMS, no login required.”
  22. Texas Alcoholic Beverage Commission, McAllen office closing, checked 2026-11-09. “will permanently close its McAllen office May 31”
  23. Texas Alcoholic Beverage Commission, McAllen office closing, checked 2026-11-09. “agents will continue to conduct inspections and operations in the area.”
  24. 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.”
  25. 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.”
  26. Texas Attorney General, checked 2026-11-09. “covering costs like medical bills, counseling, lost wages, and more”
  27. 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”
  28. 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”
  29. 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”
  30. 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”

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