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Dallas drunk driving cases
Drunk driving accident help from a Dallas trial lawyer
Drunk driving crashes are not accidents in any real sense. Someone chose to drink and drive. In Dallas, that choice often plays out late at night on Lower Greenville, around Deep Ellum, along McKinney Avenue in Uptown and on the freeways leading out of downtown.
If you were hurt, the criminal case against the driver is only part of the story. You may have a civil claim against the driver, and possibly against the bar or restaurant that kept serving them. Nolan handles the civil side and keeps you informed about the criminal case along the way.
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Reviewed by Nolan Ryan McConville, Texas attorney since 2016 · Updated October 2026

Nolan Ryan McConville
Managing attorney
- Licensed in Texas since 2016
- J.D. cum laude, Texas Tech School of Law
- Member, Texas Trial Lawyers Association
Two cases
The criminal case and your civil case
A drunk driving crash usually leads to two separate cases: the State's criminal case and your own civil case.
The criminal case
The State of Texas prosecutes the drunk driver. That case is about punishment: jail, fines and license consequences.
The prosecutor's role
The prosecutor works for the State, not for you, and a criminal case does not pay your medical bills.
Your civil case
Your civil case seeks money for medical bills, lost income, pain and other losses. It runs on its own track, with a lower burden of proof than a criminal case.
No need to wait
A conviction or guilty plea can be strong evidence in a civil case, but you do not have to wait for the criminal case to end before acting on your claim.
Dram shop liability
When a bar or restaurant can be responsible
Under the Texas dram shop law, a bar, restaurant or other alcohol provider can be held liable for serving someone who was obviously intoxicated (Tex. Alco. Bev. Code §2.02).
What must be shown
The person served was obviously intoxicated to the point of being a clear danger to themselves and others, and that intoxication caused the crash.
The evidence
Receipts and tabs, surveillance video, staff testimony and witnesses who saw how the driver looked and acted.
Video disappears
That evidence can disappear quickly, because video systems often record over themselves.
Moving early
Nolan moves early to identify where the driver was drinking and to send preservation letters.
Exemplary damages
Punitive damages in Texas drunk driving cases
Texas allows exemplary (punitive) damages when there is clear and convincing evidence of fraud, malice or gross negligence. Drunk driving can rise to that level, depending on the facts.
Nolan prepares drunk driving cases as if they will be tried and evaluates exemplary damages from the start.
The usual cap
Exemplary damages are generally capped under Texas law (CPRC §41.008). Whether they are available, and how much, depends on the evidence.
Felony exceptions
The cap does not apply to certain felonies, including intoxication assault and intoxication manslaughter. When a drunk driver's conduct fits one of those crimes, the usual limit may not apply.
Wrongful death claims
When a drunk driver kills someone, surviving family may have a wrongful death claim, and the estate a separate claim for what the person suffered before death. These generally must be filed within two years.
Where cases are filed
Usually in the district courts or county courts at law at the George L. Allen Sr. Courts Building, 600 Commerce Street. Venue can also lie where a defendant is based, such as Tarrant, Collin or another county.
Possible sources of recovery
Who may pay after a Dallas drunk driving crash
The drunk driver
Through their liability insurance, which in Texas must be at least 30/60/25.
A bar or restaurant
Under the dram shop law, if it served the driver while obviously intoxicated.
An employer
If the driver was on the job or driving a company vehicle, the employer's coverage may apply.
Your own UM/UIM coverage
If the driver carried little or no insurance, your own policy may fill the gap.
From day one
What Nolan does in the first week
In the first week, Nolan moves to keep bar evidence, track the criminal case and find every source of coverage.
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01Right away
Bars and restaurants
Nolan sends preservation letters to any bar or restaurant where the driver may have been drinking, asking for video, receipts and staff schedules.
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02First days
Crash report and DWI case
He gets the crash report and tracks the DWI arrest and the criminal case.
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03This week
Every insurance policy
He identifies every policy, including the driver's, any commercial policy and your own PIP and UM/UIM.
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04First week
Medical records
He gathers your medical records from the start so your injuries are fully documented.
If you suspect the other driver was drunk
What to do after a drunk driving crash
- Call 911 and tell the officer you think the driver was impaired.
- Note what you saw: open containers, the smell of alcohol, slurred speech, unsteady walking.
- Ask whether the driver was arrested, and keep the report number.
- Get medical care right away, even if you feel okay.
- Write down where the crash happened and anything the driver said about where they had been.
The criminal case won't stop the clock
Texas personal injury and wrongful death claims generally must be filed within two years, whether or not the criminal case is finished. Waiting on the criminal court can cost you time you need.
Questions about a deadline? Call Nolan at (214) 706-4031
Past results
Related results
Past result
$1,150,000
Motor vehicle accident settlement
Pre-suit offer: $0
Past result
$1,500,000
Motor vehicle accident settlement
Case results are gross settlement amounts from past Nolan Ryan Law cases and depend on the facts of each case. Past results do not guarantee a similar outcome.
Related cases
Related practice areas
Car accidents
Wrongful death
Pedestrian accidents
Hit-and-run accidents
Free consultation
Talk to Nolan about your case
There is no cost to talk with Nolan, and no attorney's fee unless money is recovered.
- Fee agreed in writing
- Phone, video or in person
- You talk directly with Nolan
Your written fee agreement also explains how case expenses are handled.
Why Choose Us
5 Reasons to Choose Nolan Ryan
Better Lawyer
Get a 5-Star Attorney
Our lawyers have a track record of winning maximum payouts for injury cases just like yours. We take care of everything from start to finish — you focus on recovering from your injuries while we get you paid.
Bigger Payouts
MAXIMUM SETTLEMENTS & VERDICTS
Don’t settle for less than you deserve. Nolan Ryan Law never takes the easy way out — we always fight for every penny you’re entitled to. Whether we’re negotiating or fighting in court, rely on us for the biggest payouts possible.
Faster Results
EXPEDITE YOUR INJURY CASE
We know your time is valuable. Nolan Ryan Law gets to work collecting evidence and building cases immediately — getting you paid faster, recovering quicker, and helping put your accident behind you.
Personalized Attention
WORK DIRECTLY WITH YOUR ATTORNEY
With us, you’re a person — not a case. Unlike other firms, we won’t pass off your case to a paralegal. You’ll work directly with your attorney, ensuring the highest chance possible at winning the compensation you deserve.
Honest & Transparent
REGULAR UPDATES, CLEAR COMMUNICATION
We’ll be 100% transparent about the strengths and weaknesses of your case, and you’ll always be able to ask your attorney any questions you have. With us, you’ll be in the loop and up-to-date at all times.
Recent Victories
Proven Case Results
Case results are gross settlement amounts from past Nolan Ryan Law cases and depend on the facts of each case. Past results do not guarantee a similar outcome.
$10 Million
Major 18 Wheeler Accident Settlement
$12 Million
Construction Accident and Wrongful Death Settlement
$1.5 Million
Motor Vehicle Accident Settlement
$1,150,000
Motor Vehicle Accident Settlement
Pre-suit Offer: $0
$775,000
Motor Vehicle Accident Settlement
$2,100,000
Motorcycle Accident Settlement
Pre-suit Offer: $0
Personal Injury Cases we handle
If you’ve been injured due to someone else’s negligence, you need a team that acts fast and fights hard. Nolan Ryan Law has a strong record of securing significant settlements and verdicts for injured Texans.
We pursue the full compensation you deserve so you can focus on healing while we handle the fight.
Call Us Now
Call Nolan Ryan Law today for your FREE case review to learn your legal rights and remedies. No fee unless we win your case.
- Better Lawyer — Get a 5-star attorney
- Bigger Payouts — Maximum settlements & verdicts
- Faster Results — Expedite your injury case
- Personalized Attention — Work directly with your attorney
- Honest & Transparent — Regular updates with clear communication
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Testimonials
What Real clients say
FAQs
Frequently Asked Questions
Do I need to wait for a DWI conviction to file a claim?
No. Your civil claim is separate from the criminal case. A conviction can help, but the civil case can move forward on its own evidence, and the two-year deadline keeps running either way.
What if the driver was found not guilty?
You may still have a civil claim. Criminal cases require proof beyond a reasonable doubt. Civil cases use a lower standard, so a driver can be found not guilty and still be held responsible in a civil case.
Can I sue the bar that served the driver?
Possibly. Under the Texas dram shop law, a provider can be liable if it served someone who was obviously intoxicated to the point of being a clear danger. Evidence such as receipts and video matters a lot.
Can a social host be held responsible?
Texas social host liability is much narrower than dram shop liability. It generally comes up in limited situations, such as adults providing alcohol to minors. Nolan can review the facts with you.
Will I get restitution in the criminal case?
A criminal court may order restitution for some losses, but it rarely covers everything. Your civil claim can seek full compensation for medical bills, lost income, pain and other harms.
Are punitive damages capped in a drunk driving case?
Texas generally caps exemplary damages, but the cap does not apply to certain felonies, including intoxication assault and intoxication manslaughter. Whether that exception applies depends on the facts.
What if the drunk driver had no insurance?
Your own uninsured motorist coverage may apply. Texas policies include UM/UIM unless you rejected it in writing. Nolan also checks for employer coverage and dram shop claims.
Can I recover if I was a passenger with the drunk driver?
Possibly. Fault may be shared, and Texas modified comparative fault rules apply. You can recover only if you were 50% or less at fault, with your recovery reduced by your share.