Hit by a Drunk Driver in Houston? Your Right to Seek Punitive Damages

Getting hit by a drunk driver changes everything in an instant. You might be dealing with serious injuries, hospital bills piling up, time off work, and a totaled car. The physical pain is bad enough—but the anger and frustration can be just as overwhelming.

Here’s something important you need to know: drunk driving cases are different from regular car accidents. Because the driver made a choice to get behind the wheel while intoxicated, you may be entitled to more than just compensation for your medical bills and lost wages. You may also be able to collect punitive damages—extra money meant to punish the drunk driver and send a message that this behavior is unacceptable.

If you’ve been injured by a drunk driver in Houston, working with an experienced drunk driving accident lawyer Houston victims trust can make all the difference in getting the full compensation you deserve.

What You’ll Learn in This Article

– What punitive damages are and how they’re different from regular compensation
– Why drunk driving cases qualify for punitive damages in Texas
– How bars and restaurants can be held responsible under the Dram Shop Act
– What you need to prove to win punitive damages
– How much money you could receive
– Why you need a lawyer who knows how to fight for maximum compensation

Let’s break this down in plain language.

What Are Punitive Damages?

In most car accident cases, you can recover compensatory damages. These are meant to “compensate” you for your actual losses, such as:

– Medical bills (emergency room, surgery, therapy, medication)
– Lost wages from missing work
– Property damage (your vehicle)
– Pain and suffering
– Emotional distress

Compensatory damages are about making you whole again—putting you back in the position you were in before the accident.

Punitive damages are different. They’re not about covering your losses. They’re about punishing the person who hurt you and deterring them (and others) from doing it again.

Punitive damages are only available in cases where the defendant’s behavior was especially reckless, dangerous, or intentional. And drunk driving absolutely qualifies.

Why Drunk Driving Cases Qualify for Punitive Damages in Texas

Under Texas law, you can seek punitive damages when the other party acted with gross negligence or malice.

Here’s what that means in simple terms:

– Gross negligence: The person knew their actions were extremely risky but did it anyway without caring about the danger to others. This is called “conscious indifference.”
– Malice: The person intended to cause harm or acted with extreme disregard for others’ safety.

Drunk driving fits the definition of gross negligence. Here’s why:

When someone drinks alcohol and then gets behind the wheel, they know:

– Alcohol impairs judgment, reaction time, and coordination
– Driving while intoxicated puts everyone on the road at risk
– They could seriously injure or kill someone

Despite knowing all of this, they choose to drive anyway. That’s conscious indifference—and that’s exactly what punitive damages are designed to punish.

Texas Civil Practice and Remedies Code Chapter 41

Texas law on punitive damages is laid out in Texas Civil Practice and Remedies Code Chapter 41. This law says that to win punitive damages, you have to prove the defendant’s gross negligence by clear and convincing evidence—a higher standard than in most civil cases.

That’s why having a skilled Houston DWI accident attorney is so important. They know how to gather the right evidence and present it in a way that meets this legal standard.

How Much Can You Get in Punitive Damages?

There’s no set formula for punitive damages. The amount depends on several factors:

– How reckless the drunk driver’s behavior was
– The severity of your injuries
– Whether the driver has a history of DWI offenses
– Whether the driver showed remorse or took responsibility

In Texas, punitive damages are usually capped at the greater of:

– $200,000, or
– Two times the amount of economic damages plus the amount of non-economic damages up to $750,000

However, there’s an important exception: If the defendant was convicted of intoxication assault, the cap may not apply. Intoxication assault is a criminal charge for seriously injuring someone while driving drunk. If the driver is convicted, you may be able to recover unlimited punitive damages in your civil case.

This is why it’s critical to work with a drunk driving injury lawyer who understands both the criminal and civil sides of these cases.

Holding Bars and Restaurants Accountable: The Texas Dram Shop Act

Sometimes, the drunk driver isn’t the only one responsible for your injuries. In Texas, bars, restaurants, nightclubs, and other businesses that serve alcohol can also be held liable if they contributed to the accident.

What Is the Dram Shop Act?

The Texas Dram Shop Act (also called the Texas Alcoholic Beverage Code) allows you to sue a bar or restaurant if:

– They served alcohol to someone who was obviously intoxicated, and
– That intoxicated person then caused an accident that injured you

In simple terms: if a bartender or server keeps pouring drinks for someone who is clearly drunk, and that person then gets in a car and causes a crash, the bar can be held responsible.

What Does “Visibly Intoxicated” Mean?

To win a Dram Shop case, you have to prove the person was **visibly intoxicated** at the time they were served. Signs of visible intoxication include:

– Slurred speech
– Stumbling or loss of balance
– Bloodshot eyes
– Aggressive or erratic behavior
– Difficulty handling money or credit cards

If other patrons, security staff, or servers noticed these signs, that can be used as evidence in your case.

Why Suing a Bar Matters

Drunk drivers often don’t have enough insurance to cover serious injuries. If you were paralyzed, suffered a traumatic brain injury, or lost a loved one, the driver’s insurance policy might max out at $30,000 or $100,000—nowhere near enough to cover your medical bills and lost income.

But bars and restaurants usually have much larger insurance policies. By holding them accountable under the Dram Shop Act, you can access additional compensation to cover your full losses.

A Houston drunk driving accident lawyer who understands Dram Shop law can investigate where the driver was drinking, obtain security footage, interview witnesses, and build a strong case against the establishment.

What You Need to Prove to Win Punitive Damages

To recover punitive damages in a drunk driving case, your attorney will need to prove:

1. The driver was intoxicated. This can be shown through:
– Blood alcohol content (BAC) test results
– Field sobriety test results
– Officer observations (slurred speech, smell of alcohol, etc.)
– Witness statements

2. The driver caused the accident. Your lawyer will use accident reconstruction, police reports, witness testimony, and physical evidence to prove fault.

3. The driver acted with gross negligence or conscious indifference. This means showing that the driver knew driving drunk was dangerous but did it anyway. Evidence might include:
– Prior DWI arrests or convictions
– Extremely high BAC levels
– Reckless driving behavior (speeding, running red lights, etc.)
– Statements the driver made before or after the crash

4. You suffered damages. You’ll need medical records, bills, pay stubs, expert testimony, and other evidence to show the full extent of your injuries and losses.

This isn’t easy. Insurance companies will fight hard to avoid paying punitive damages. That’s why you need an experienced attorney who knows how to build a winning case.

Restitution vs. Civil Punitive Damages: What’s the Difference?

You might hear about the drunk driver being ordered to pay restitution in their criminal case. Restitution is money the criminal court orders the defendant to pay to cover the victim’s direct losses, like medical bills or property damage.

But restitution is different from punitive damages:

– Restitution is part of the criminal case and is meant to reimburse you for specific expenses.
– Punitive damages are part of your civil lawsuit and are meant to punish the defendant and deter future misconduct.

You can recover both restitution from the criminal case and punitive damages from your civil lawsuit. They don’t cancel each other out.

However, any restitution you receive may be deducted from your civil award to prevent “double recovery” for the same expenses. A knowledgeable drunk driving accident lawyer Houston families rely on will make sure you get every dollar you’re entitled to.

Why You Need a Lawyer Who Knows How to Win Punitive Damages Cases

Not every personal injury lawyer has experience with punitive damages. These cases require:

– In-depth knowledge of Texas law on gross negligence and conscious indifference
– Skill in gathering strong evidence that meets the “clear and convincing” standard
– Experience with Dram Shop cases and holding bars accountable
– Trial experience—insurance companies are less likely to settle punitive damages cases, so your lawyer must be ready to go to court

At Herbert Trial Law, we’ve successfully recovered punitive damages for clients injured by drunk drivers. We know how to investigate, build a case, negotiate with insurers, and fight in court when necessary.

Herbert Trial Law Fights for Maximum Compensation

Drunk driving accidents are preventable tragedies. When someone makes the selfish choice to drive while intoxicated, they should be held fully accountable—not just for your medical bills, but for the pain, suffering, and disruption they’ve caused in your life.

You deserve more than a quick settlement that barely covers your expenses. You deserve justice. And you deserve a lawyer who will fight for every dollar you’re owed—including punitive damages.

We work on a contingency fee basis, which means you don’t pay us anything unless we win your case. You have nothing to lose and everything to gain by reaching out.

Don’t Let a Drunk Driver Get Away with It

If you or someone you love was hit by a drunk driver in Houston, you have rights. You may be entitled to compensation for your medical bills, lost income, pain and suffering—and punitive damages to hold the drunk driver accountable.

But time is limited. Evidence disappears. Witnesses forget details. Insurance companies start building their defense immediately.

The sooner you contact a drunk driving accident lawyer, the stronger your case will be.

Call us today at 713-987-7100 or schedule your free consultation online. Let us fight for the justice and compensation you deserve.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every wrongful death case is unique. Contact Herbert Trial Law for a free, confidential consultation about your specific situation.