Hit by a Drunk Driver in New Braunfels? Your Civil Options

How a civil claim after a drunk driving crash works separately from the criminal case, and what to know about insurance.

If a drunk driver hit you or a family member on I-35, Loop 337, or anywhere else around New Braunfels, you're probably dealing with two separate systems at once: a criminal case brought by the state, and a civil claim that's yours to pursue for medical bills, lost wages, and other losses. These are not the same process, and one does not have to finish before the other starts.

The short answer to "can I sue a drunk driver in Texas" is yes. A criminal DUI or DWI charge doesn't automatically pay for your damages, and a conviction isn't required for you to file a civil claim. The civil case is about compensation for what you lost. This article explains how that works in general terms, not as advice about your specific situation.

The Criminal Case and Your Claim Are Different Tracks

The State of Texas prosecutes drunk driving as a crime because it's a danger to the public. That case is about punishment: fines, license suspension, possibly jail time. You may be asked to give a statement or testify, but the outcome of that case doesn't put money in your pocket.

Your civil claim runs on its own timeline and its own rules of proof. You can often pursue compensation whether the driver is convicted, pleads down to a lesser charge, or the criminal case is still pending. A dismissal or acquittal in criminal court doesn't automatically end your civil options either, because the standards of proof are different.

Why These Cases Often Involve Punitive Damages

Most personal injury claims are about compensatory damages, money meant to cover what you actually lost, like medical costs, missed work, and pain. Drunk driving cases sometimes also raise the possibility of punitive damages, which exist to punish especially reckless conduct rather than just compensate you.

Whether punitive damages are available, and how a case qualifies, depends on the facts and on Texas law as applied by a court. We won't guess at numbers or outcomes here. What matters for you right now is that evidence of intoxication, like blood alcohol testing, field sobriety results, or officer observations, can matter for more than just the criminal case.

Dram Shop Claims: When a Bar or Store Shares Blame

Texas has a law, generally known as the Dram Shop Act, that can allow an injured person to hold a bar, restaurant, or other seller of alcohol responsible in certain situations, such as when a business kept serving someone who was obviously intoxicated. This is a separate potential claim from the one against the driver.

These claims depend heavily on specific facts: what the server saw, how much was served, and whether the establishment followed its own policies. Not every case involving alcohol will support a dram shop claim, and figuring out whether one applies takes a real review of what happened, not guesswork from a blog post.

Insurance: The Part People Underestimate

A drunk driver's own auto insurance may pay out, but insurers sometimes look for reasons to deny or limit claims tied to a policyholder's criminal conduct, depending on the policy language. This is one reason drunk driving cases can get complicated even when fault seems obvious.

Your own uninsured and underinsured motorist coverage, if you carry it, can become important here. If the at-fault driver has little or no insurance, or if the insurer disputes the claim, your own policy may be the practical path to recovering for your losses. It's worth pulling out your policy and understanding what coverage you actually have, rather than assuming.

Protecting Evidence Early Matters

Evidence connected to intoxication can be time-sensitive. Police reports, breath or blood test results, and body camera footage exist, but getting copies and understanding what they show takes some legwork. The sooner you start gathering records, the less you're relying on memory or hoping documents don't get lost or overwritten.

Medical records that document your injuries from the start also matter, separate from anything related to the other driver's condition. A clear paper trail connecting the crash to your treatment supports your claim regardless of what happens in the criminal case.

This article is general information for the public, not legal advice, and reading it does not create an attorney-client relationship. Nothing here predicts an outcome or the value of any claim. Laws and filing deadlines differ by state and change over time — talk with a lawyer about your own situation. Attorney advertising.