Hit by a drunk driver in Midland: who pays and finding a drunk driving accident lawyer

In 2025, Midland County had 228 crashes involving an impaired driver, with 12 people killed. Start with the driver's insurer and your own uninsured motorist coverage. A bar can owe you only if the driver was obviously intoxicated and a clear danger. You generally have 2 years to sue.

Last checked November 9, 2026 · Official sources (34)

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Road map of Midland County with Loop 250 and Interstate 20, two main roads through the area
Midland County had 228 impaired-driver crashes in 2025; 12 died. Map data © OpenStreetMap contributors.

How bad is drunk driving in Midland?

Worse than the state average by the city's own count. The city's safety plan puts impaired driving at 23% of crashes in Midland, compared with 18% across Texas. In all of Midland County in 2025, TxDOT counted 228 crashes with an impaired driver. Eleven were fatal, and 12 people died. That is about a quarter of the county's 45 traffic deaths that year.

Who pays if a drunk driver hits me in Midland?

Several sources can stack. Most people need more than one.

SourceWhat it takesLimit or catch
Driver's liability policyProof the driver caused the crashState minimum is $30,000 per person
Your uninsured motorist coverageDriver has no insurance or too littleTell your insurer quickly
The bar or storeObvious intoxication and clear dangerThis is the only claim for serving someone 18 or older
Texas Crime Victims' CompensationDWI and intoxication offenses are includedPays last, and you must file within three years
Restitution in the criminal caseA court may order itIt depends on a conviction and on the driver's money

A DUI debt is not wiped out in bankruptcy, so a judgment against the driver does not vanish if the driver files.

Can I sue a bar in Midland that served the driver?

Only in the right case. The law looks at what the server could see: the driver had to be obviously intoxicated and a clear danger. An adult can also be liable for serving someone under 18. A business with trained staff may have a defense for what its employees did.

Proof fades in days. Receipts, card records and camera footage are what show how much was served. Write down where the driver says they drank, and ask the officer if the report names a place.

Anyone can file a complaint against a licensed business with the Texas Alcoholic Beverage Commission through its online system, no login needed. A complaint is not a lawsuit, but it starts an official record. If a jury splits the blame, a defendant generally pays only its own percentage, but one over 50 percent can owe the whole amount.

What happens in the criminal case in Midland County?

The District Attorney's Office prosecutes felony and misdemeanor cases in the county. It is at 500 N. Loraine, Suite 200, 432-688-4411. Remember that prosecutors represent the State, and do not act as your own lawyer. Your civil claim is separate.

  1. Ask for the case number and the name of the prosecutor.
  2. Call the Victim Assistance Division, which serves victims of serious bodily injury and relatives of those who died.
  3. Ask about restitution before any plea. A court may order it.
  4. Follow the case. Misdemeanors go through the County Courts at Law, and the county also runs a DWI Court program.
  5. Do not wait for a verdict to file your civil claim. The 2-year limit keeps running.

The criminal file can help you. Blood test results and body camera video often end up in the civil case. Ask your lawyer to request them. The crash report comes from MPD Records at 601 N. Loraine, the Sheriff's Records Section for county cases at (432) 688-4660, or TxDOT for $6.

Can I get punitive damages against a drunk driver in Texas?

Sometimes. You need clear and convincing proof of gross negligence, meaning actual awareness of an extreme risk. The jury must be unanimous. The usual cap is twice economic damages plus up to $750,000, or $200,000. That cap does not apply to intoxication assault or manslaughter. Punitive awards are not something insurance reliably pays, so collecting is a separate question.

Questions

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

Generally 2 years. A crime victims claim has its own three-year limit.

What if the drunk driver has no insurance?

Look to your uninsured motorist coverage and the state crime victims fund.

Do I need the driver to be convicted first?

No. A civil claim is separate, though a conviction can help.

Who can help my family after a deadly DWI crash in Midland?

The Victim Assistance Division at 432-688-4411 serves relatives of people who died.

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Sources (34)

  1. TxDOT, DUI crashes by county, 2025, checked 2026-11-08. “Midland 11 12 14 22 44 61 26 42 123 283 10 15 228”
  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. Midland County DA, Victims Assistance, checked 2026-11-08. “to the relatives of deceased victims”
  6. Midland County, Staff Directory, checked 2026-11-08. “432-688-4411”
  7. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “File the application within three years of the date”
  8. 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”
  9. 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”
  10. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Impaired Driving 23% 18% 5%”
  11. TxDOT, 2025 Crashes and Injuries by County, checked 2026-11-08. “Midland 44 45 125 150 620 909 473 752 2,763 8,212 186 559 4,211”
  12. Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
  13. 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.”
  14. Texas Code of Criminal Procedure 56B.003, checked 2026-11-09. “Section 49.04 (driving while intoxicated)”
  15. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “have been exhausted”
  16. 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”
  17. 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”
  18. 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”
  19. Texas Alcoholic Beverage Code 106.14, checked 2026-11-09. “the actions of an employee shall not be attributable to the employer if”
  20. Texas Alcoholic Beverage Commission, checked 2026-11-09. “Anyone can file a complaint through AIMS, no login required.”
  21. 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”
  22. 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”
  23. Midland County District Attorney FAQ, checked 2026-11-09. “prosecute all felony and misdemeanor cases that are committed in Midland County”
  24. Midland County District Attorney, checked 2026-11-09. “500 N LORAINE ST, SUITE 200 MIDLAND, TX 79701 PHONE: 432-688-4411”
  25. Midland County District Attorney FAQ, checked 2026-11-09. “We do not represent any one individual.”
  26. Midland County Courts-at-Law, checked 2026-11-09. “these Courts handle cases involving adult criminal misdemeanors”
  27. Midland County DWI Court, checked 2026-11-09. “The Midland County DWI Court Program”
  28. Midland Police Department, Request A Police Report, checked 2026-11-08. “MPD Records Phone: (432) 685-7145 Address: 601 N. Loraine”
  29. Midland County Sheriff, Contact Us, checked 2026-11-08. “Records Section (432) 688-4660”
  30. TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy. $8 for a certified copy”
  31. 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”
  32. Texas Civil Practice and Remedies Code 41.001, checked 2026-11-09. “of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others”
  33. 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.”
  34. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “Vehicular crimes that are covered include failure to”

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