Your Roadmap After Being Injured by a Drunk Driver in Texas: Medical Care, Evidence, and Maximizing Your Claim

Being injured by a drunk driver is one of the most preventable forms of harm on Texas roads, which makes it no less devastating when it happens to you. Knowing what to do next — and what mistakes to avoid — is the difference between a well-protected claim and one that unravels before it gets started.

At Armstrong Law, PLLC, Warren Armstrong represents car accident victims throughout Dallas-Fort Worth who were hurt by impaired drivers. Below is a practical guide to the steps that matter most after a drunk driving crash in Texas.

Step 1: Get Medical Care Right Away

Your health is the first priority — and, legally speaking, your medical records are the foundation of your drunk driving accident claim. Go to the emergency room, an urgent care center, or your physician the same day as the crash, even if your symptoms seem mild. Adrenaline routinely masks pain from soft tissue injuries, concussions, and internal damage in the hours immediately after impact.

Follow every instruction from your medical team, attend every follow-up appointment, and keep all records and bills. Gaps in treatment give insurance adjusters an easy argument that your injuries were not serious or were caused by something other than the crash.

Step 2: Make Sure the Incident Is Properly Reported

Texas law requires that crashes involving injury or death be reported to law enforcement. If police have not already been called, call 911 from the scene. A police report documenting the drunk driver's condition — field sobriety test results, breathalyzer readings, arrest records — becomes critical evidence in your claim.

Ask the responding officer for the incident number so you can obtain a copy of the Texas Peace Officer's Crash Report (CR-3) later. That report typically includes contributing-factor codes that may reference alcohol impairment, which can significantly strengthen your case.

If the driver was arrested at the scene, the criminal case that follows creates a separate record of evidence. A conviction or guilty plea in the criminal matter can be used in your civil claim to establish liability — though your civil claim does not depend on the outcome of the criminal proceeding.

Step 3: Preserve Evidence From the Scene and Aftermath

Evidence disappears faster than most people expect. Skid marks fade, surveillance footage gets overwritten, and witnesses become difficult to locate. If you are physically able to do so safely, take photographs at the scene of the crash: every vehicle involved, the road layout, traffic controls, debris, and any visible injuries. Note the time, weather conditions, and lighting.

Beyond the scene itself, preserve the following as your case develops:

• All medical records, discharge summaries, and bills
• Correspondence with any insurance company — including your own
• A personal injury journal documenting daily pain levels, missed activities, and emotional impact
• Pay stubs and employer documentation of any missed work
• Photos of your injuries as they progress and heal
• Contact information for every witness at the scene

Warren Armstrong can send preservation letters to businesses near the crash scene that may hold surveillance footage and to any commercial carrier involved — steps that are time-sensitive and often overlooked by injured people managing their own claims.

Step 4: Understand All Possible Sources of Compensation

One of the most consequential things a Dallas car accident lawyer can do is identify every available source of recovery — not just the obvious ones. In a drunk driving case, that may include:

The At-Fault Driver's Auto Insurance

This is typically the first place a claim goes. Texas requires minimum liability coverage, but those limits are often inadequate for serious injuries. Warren Armstrong will evaluate whether the policy limits are sufficient and, if not, what other sources can fill the gap.

Your Own Uninsured/Underinsured Motorist Coverage

If the drunk driver carried no insurance or insufficient coverage, your own UM/UIM policy may step in to cover the difference. Texas drivers are offered this coverage when they purchase auto insurance, though many decline it without fully understanding its value. Understanding automobile accident law in Texas can help you see how these coverage layers work together.

Dram Shop Liability

Texas's Dram Shop Act allows injured victims to pursue claims against bars, restaurants, and other licensed alcohol vendors that served an obviously intoxicated person who then caused an accident. If the drunk driver was over-served at a Dallas bar or restaurant before the crash, the establishment that served them may share legal responsibility. Dram Shop claims are time-sensitive and require specific evidence, so early investigation is essential.

Punitive Damages

Because drunk driving is considered gross negligence in Texas, injured victims may seek punitive damages — also called exemplary damages — in addition to compensation for medical bills, lost wages, and pain and suffering. These damages are designed to punish egregious conduct and deter similar behavior.

Step 5: Watch Out for Insurance Company Tactics

Whether it is the drunk driver's insurer or your own carrier, insurance companies are motivated to minimize what they pay out. Common tactics after a drunk driving crash include calling you within 24 to 48 hours to request a recorded statement, making a fast settlement offer before you know the full extent of your injuries, and disputing the severity of your damages by pointing to any prior medical history.

Do not provide a recorded statement to any insurer before speaking with an attorney. Do not accept any settlement offer without understanding what it covers — and, critically, what it waives. Once you sign a release, you cannot return to seek additional compensation, even if your injuries prove to be longer-lasting or more severe than initially understood.

Step 6: Know Your Statute of Limitations

Texas gives most personal injury victims two years from the date of the crash to file a lawsuit. Missing that deadline almost always means losing the right to recover compensation entirely. However, there are scenarios — crashes involving government vehicles, crashes that injured minors, or cases where the Dram Shop claim adds complexity — where the timeline may be different. 

The Texas Department of Transportation tracks crash data statewide and its records can be relevant to your case. Getting an attorney involved early ensures that no deadline is missed and that the claim is structured correctly from the start.

What Compensation May Be Available After a Drunk Driving Crash?

Texas law allows injured victims to pursue both economic and non-economic damages after a crash caused by an impaired driver. Depending on the facts of the case, recoverable losses may include:

• Medical expenses, such as emergency treatment, surgery, hospitalization, physical therapy, and future care
• Lost wages, such as income missed during recovery, as well as reduced earning capacity if the injuries are permanent
• Pain and suffering, such as physical discomfort and the emotional toll of the crash and recovery
• Mental anguish, such as anxiety, depression, and PTSD that commonly follow serious accidents
• Property damage, such as the repair or replacement of your vehicle and any personal property
• Exemplary damages, or additional damages available in cases of gross negligence, which drunk driving frequently qualifies as under Texas law

If the crash caused a fatality, surviving family members may have a wrongful death claim in addition to — or instead of — a personal injury claim. Texas wrongful death law allows certain family members to pursue compensation for their own losses, including loss of companionship, grief, and the financial contributions the deceased would have provided.

Why These Cases Demand Prompt Legal Attention

Drunk driving cases can look straightforward at first — the other driver was arrested, liability seems obvious, and the police report reflects impairment. But insurance companies do not write checks simply because their insured was charged with DWI. They still dispute causation, argue over the value of injuries, and look for ways to shift blame. The criminal charge helps, but it does not replace a well-built civil case.

Dallas car accident lawyer Warren Armstrong handles claims where impaired driving is a factor and understands how to layer the available evidence — the criminal record, toxicology results, Dram Shop investigation, and accident reconstruction — into a case that holds up to insurer scrutiny.

If you or someone you love was injured by a drunk driver in the Dallas-Fort Worth area, the time to act is now. Evidence fades, coverage lapses, and the window for a Dram Shop investigation closes quickly. An early call costs nothing and protects everything.