Find a drunk driving accident lawyer in San Antonio: who pays and who can help

A drunk driving crash in San Antonio can bring claims against the driver's insurance, your own uninsured coverage and sometimes the bar. You generally have 2 years to sue. SAPD's Traffic Investigations Detail handles intoxication assault and manslaughter. TxDOT counted 1,347 alcohol-related crashes in the city in 2025.

Last checked November 9, 2026 · Official sources (40)

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Road map of San Antonio showing the downtown core and the main highways that lead out of it
TxDOT counted 40 alcohol-crash deaths in San Antonio in 2025. Map data © OpenStreetMap contributors.

How common are drunk driving crashes in San Antonio?

Common enough that a county court says the harm reaches the community on almost a daily basis. TxDOT's 2025 numbers show 1,347 alcohol-related crashes in the city of San Antonio, with 40 people killed. Across the city that year there were 167 traffic deaths in all.

That means the police and prosecutors here see these cases often. It also means an insurance company has seen them often. What it pays depends on the coverage and on proof, so start gathering both now.

What happens with police after a drunk driver hits you in San Antonio?

  1. Get care. Tell the doctor about any head, neck or back pain, even if it seems small.
  2. Ask the officer for a case number. SAPD's Traffic Investigations Detail takes intoxication assault and intoxication manslaughter cases. It works 7:45 a.m. to 5:45 p.m. daily, with a night detail from 7 p.m. to 5 a.m.
  3. Get the crash report from SAPD, which lists accident reports at $6. Outside city limits, the Bexar County Sheriff sends people to TxDOT.
  4. Call SAPD Victims Advocacy at 210-207-2141. Ask how you will hear about court dates.
  5. Follow the case. Bexar County's Justice Portal does not need registration for public data.

A criminal case does not pay your bills or stop your clock. The 2-year limit keeps running while it moves through court.

Who pays when a drunk driver hits you in San Antonio?

Who may payBasic ruleLocal or practical point
The driver's insurerAt least $30,000 per personOften far less than a serious injury costs
Your uninsured motorist coverageApplies unless rejected in writingFind your policy page today
The bar or restaurantOnly under the dram shop lawTABC records can help
The driver personallyDUI injury debts are not wiped out in bankruptcyCollecting can still be slow
State crime victims fundUp to $50,000, and it pays lastThe DA's office can help you apply

Texas also cuts your recovery by your share of fault, and over 50 percent bars it. A defendant generally pays only its own percentage, but one over 50 percent can owe the whole amount. That is why it matters whether a bar is in the case.

Can I sue the bar that served a drunk driver in San Antonio?

Sometimes, and it is hard. Texas requires proof it was apparent to the server that the person was obviously intoxicated and a clear danger. For drinkers 18 or older, that statute is your only claim against the seller. A separate rule covers adults who serve someone under 18. Employers who train their servers may also avoid blame for an employee's sale.

So the first job is to find out where the driver was. Receipts, card records and bar video can vanish fast. Ask the officer or a lawyer whether anyone has identified the place.

How do I check a San Antonio bar's TABC record?

  • Search TABC's Public Inquiry system, which shows public complaints and related violations for license holders.
  • File a complaint if a place sold to an intoxicated person. Anyone can do it online with no login.
  • The San Antonio Regional Office is at 4242 E. Piedras Drive, Suite 200, by appointment. Call 210-731-1720.

A TABC complaint is not a lawsuit and does not save your deadline. It can create a record, though, and a past violation may matter to your claim.

Can a drunk driver in San Antonio owe more than my bills?

Possibly. Texas allows extra damages for gross negligence, with clear and convincing proof. The jury must be unanimous. There is usually a cap, but the cap does not apply to conduct under the intoxication assault and manslaughter laws. Insurance may not pay this part, so ask how it would be collected.

A criminal court may also order restitution. Tell the DA's Victim Assistance office about your costs early and keep every receipt. The state fund covers DWI and intoxication offenses.

If a city truck or a bad city road also played a part, the 90-day written notice rule applies to that claim. Claims start at the City Clerk. A lawsuit in Bexar County goes through the District Clerk's Civil Operations Division.

Questions

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

Generally 2 years, even if the criminal case is still open.

Who investigates a DWI crash with injuries in San Antonio?

SAPD's Traffic Investigations Detail handles intoxication assault and manslaughter.

What if the drunk driver has no insurance?

Look to your uninsured motorist coverage and ask the DA's office about the state fund.

Can I report a bar that overserved someone?

Yes. TABC takes complaints about sales to intoxicated people.

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Sources (40)

  1. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  2. SAPD, Homicide & Assault, checked 2026-11-08. “Failure to Stop and Give Information (Hit and Run)”
  3. TxDOT, 2025 DUI (Alcohol) Crashes by City and Town, checked 2026-11-08. “SAN ANTONIO 38 40 47 75 238 320 123 212 835 1,899 66 197 1,347”
  4. SAPD, Contact & Connect, checked 2026-11-08. “Traffic Investigations Detail (TID) : 210-207-7385”
  5. Bexar County District Attorney, Victim Assistance, checked 2026-11-08. “The Victim Assistance Division may be contacted at 210-335-2105.”
  6. Texas Attorney General, Crime Victims' Compensation Program Overview, checked 2026-11-08. “The CVC Program can help cover costs up to $50,000”
  7. Tex. Code Crim. Proc. art. 56B.052, checked 2026-11-08. “not later than the third anniversary of the date of the criminally injurious conduct”
  8. 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”
  9. Bexar County DWI Court, checked 2026-11-09. “alcohol related traffic fatalities and serious injuries continue to affect our community on almost a daily basis”
  10. TxDOT, 2025 Crashes and Injuries by City and Town, checked 2026-11-08. “SAN ANTONIO 159 167 494 579 5,851 8,034 4,888 8,202 23,857 65,326 2,050 10,657 37,299”
  11. SAPD, Homicide & Assault, checked 2026-11-08. “Traffic Investigation Detail Monday - Sunday: 7:45 a.m. – 5:45 p.m.”
  12. City of San Antonio, Police Open Records Requests, checked 2026-11-08. “You may submit police records requests through San Antonio Police Department (SAPD), including crash reports.”
  13. City of San Antonio, Police Open Records Requests, checked 2026-11-08. “Accident Reports | $6”
  14. Bexar County Sheriff, Central Records, checked 2026-11-08. “For accident reports, please visit the TXDOT website”
  15. SAPD, Contact & Connect, checked 2026-11-08. “Victims Advocacy : 210-207-2141”
  16. Bexar County Justice Portal, checked 2026-11-09. “Registration is not required for public data.”
  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. 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.”
  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. 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”
  21. Bexar County District Attorney, Victim Assistance FAQ, checked 2026-11-08. “the DA’s Office can help you apply for benefits”
  22. 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”
  23. 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”
  24. 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”
  25. 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”
  26. Texas Alcoholic Beverage Code 106.14, checked 2026-11-09. “the actions of an employee shall not be attributable to the employer if”
  27. TABC, Public Inquiry, checked 2026-11-09. “See public complaints lodged against license and permit holders and related violations.”
  28. TABC, File a Business Complaint, checked 2026-11-09. “Selling alcoholic beverages to minors or intoxicated people.”
  29. TABC, File a Business Complaint, checked 2026-11-09. “Anyone can file a complaint through AIMS, no login required.”
  30. TABC, San Antonio Regional Office, checked 2026-11-09. “4242 E. Piedras Drive Suite 200 San Antonio, TX 78228”
  31. TABC, San Antonio Regional Office, checked 2026-11-09. “Phone: 210-731-1720”
  32. 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”
  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 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”
  35. 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”
  36. 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”
  37. Texas Code of Criminal Procedure 56B.003, checked 2026-11-09. “Section 49.04 (driving while intoxicated)”
  38. San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “notice in writing of such death, injury or destruction within ninety days after the injury has been sustained”
  39. City of San Antonio, Office of Risk Management FAQs, checked 2026-11-08. “All claims against the City must originate from the City Clerk”
  40. Bexar County District Clerk, Administration, checked 2026-11-08. “accepts all new suits and subsequent filings for civil”

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