Separate the criminal and civil cases
A prosecution and an injury claim serve different purposes. Nolan reviews the civil evidence without assuming your options must wait for the criminal case to finish.
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Dallas drunk driving accident Lawyer
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Discuss your drunk driving accident case directly with Nolan. Review the evidence, coverage and next steps.
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Contacting the firm does not create an attorney–client relationship. Past results do not guarantee a similar outcome.
Discuss your impaired-driving injury
Hurt by an impaired driver?
Get help with the injury claim.
An arrest or criminal case does not resolve the treatment bills, lost work or insurance questions you may be facing. Nolan can discuss the crash and the civil claim while keeping those questions distinct from the criminal proceedings.
- Review the injury and coverage issues alongside the available crash evidence, rather than relying only on an arrest update.
- Examine any potential provider-related issue on its own facts, without assuming every alcohol-related crash creates the same claim.
Nolan Ryan McConvilleManaging attorney · Licensed in Texas since 2016
Firmwide: 99% win rate.
Firmwide: 99% win rate.
Dallas drunk driving cases
Drunk driving accident help from a Dallas trial lawyer
Nolan Ryan McConvilleManaging attorney · Licensed in Texas since 2016Drunk 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.
- Free consultation
- No fee unless we recover
- Work directly with Nolan
Was there an arrest or report number? Start with what you know.
A question about the driver’s criminal case differs from a question about a possible alcohol-provider claim. Use the relevant explanation below; you can raise both without deciding in advance what the evidence will establish.
About 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
Keep observations separate from criminal-case updates
What you noticed
Write down the driver’s words or behavior you personally observed. Distinguish a direct memory from something another person later told you; avoid filling gaps with assumptions.
What you were told
For an arrest or court update, note the source and date. Keep the actual notice or message so Nolan can review its wording rather than an informal retelling.
What remains uncertain
List questions about the crash, drinking location or insurer response without treating an allegation as a proven fact. Share new information for review rather than waiting to assemble every answer.
Two cases
The criminal case and your civil case
A drunk driving crash can lead 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 rather than acting as your civil lawyer. A criminal court may order restitution for some losses, but that does not replace a civil claim.
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.
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.
From day one
What Nolan checks first
Nolan moves to keep bar evidence, track the criminal case and find every source of coverage.
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01Review step
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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02Review step
Crash report and DWI case
He gets the crash report and tracks the DWI arrest and the criminal case.
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03Review step
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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04Review step
Medical records
He gathers your medical records from the start so your injuries are fully documented.
The sequence and timing depend on your case, engagement and the records available.
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
At the time of service, the person’s intoxication was apparent to the provider to the point of being a clear danger to themselves and others, and that intoxication proximately caused the harm.
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 may not apply when conduct meets a specifically listed statutory exception, including qualifying intoxication assault or manslaughter. A charge alone does not establish the exception. 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.
- A wrongful-death lawsuit generally has two years from death; a survival claim follows its own accrual and tolling rules.
Where cases are filed
- A case properly venued in Dallas County may be filed in district court or a county court at law at the George L. Allen Sr. Courts Building, 600 Commerce Street.
- The incident, defendants and applicable venue rules may point to Tarrant, Collin or another county.
Possible sources of recovery
Who may pay after a Dallas drunk driving crash
The drunk driver
Through applicable liability insurance. Texas auto policy minimums are $30,000 per injured person, $60,000 per accident and $25,000 property damage.
A bar or restaurant
If the statutory requirements are met, including apparent intoxication to the point of clear danger and a causal link between intoxication and the injury.
An employer
An employer’s liability or coverage depends on the driver’s work role, scope of employment and policy. Company-vehicle ownership alone is not enough.
Your own UM/UIM coverage
If the driver carried little or no insurance, your own policy may fill the gap.
The criminal case won't stop the clock
Texas injury lawsuits generally have two years from injury and wrongful-death lawsuits two years from death, subject to exceptions. The criminal case does not automatically pause the civil clock. 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.
Bring any report number, arrest information and observation notes. Ask about the civil claim without waiting for the criminal case.
For the first conversation, distinguish a new criminal-case update from an unanswered injury or insurance question. Ask which information matters to each, rather than waiting for one process to explain the other.
- 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.
Your case, handled personally
5 reasons to choose Nolan Ryan
Investigate the provider's role carefully
A bar or restaurant claim needs its own supporting evidence. Nolan reviews the circumstances rather than assuming every establishment that served alcohol is responsible.
Seek the records that can disappear
Video, receipts and staff schedules may help explain alcohol service and the driver's circumstances. Nolan requests relevant records from the businesses involved when appropriate.
Review more than the arrest record
The crash report, injury documentation and other evidence can matter alongside any DWI investigation. Nolan considers those records together when reviewing the civil claim.
Keep coverage and damages grounded
Nolan reviews available policies and the evidence supporting the losses claimed, rather than assuming impairment automatically establishes every damages request or guarantees a larger recovery.
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
Talk with Nolan Ryan Law about the incident, the records available and your questions. The consultation is free. Fees and case expenses are explained in a written agreement.
- Start with what you know — incident details and report number, if available
- Discuss your questions — evidence, responsibility and possible coverage
- Understand the next steps — consultation and written agreement
- Meet by phone or video — Dallas office meetings by appointment
- Clear expectations — an inquiry does not create an attorney–client relationship
100% Free Case Evaluation
Share the city, what happened and your contact details for follow-up. Start with the information you have.
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 civil deadline does not automatically pause while the criminal case is pending.
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 may be liable if, at service, the person’s intoxication was apparent to the provider to the point of being a clear danger, and that intoxication proximately caused the harm. 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 may not apply to specifically listed statutory conduct, including qualifying intoxication assault or manslaughter. A criminal charge alone does not establish the exception.
What if the drunk driver had no insurance?
Your own uninsured motorist coverage may apply. Texas policies include UM/UIM unless a named insured 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.