Drunk Driving Victim Lawyer in El Paso TX — Punitive Damages Available

Texas law allows punitive (exemplary) damages when the defendant acted with malice or gross negligence. Driving drunk is generally considered gross negligence in Texas — the driver knew the risk and chose to drive anyway. Punitive damages are awarded on top of compensatory damages (medical bills, lost wages, pain and suffering) and can significantly increase the total value of your claim. If the drunk driving accident resulted in a death, the family may also have a wrongful death claim with additional punitive damages.

Texas Dram Shop law allows drunk driving victims to sue the bar, restaurant, or other establishment that over-served the drunk driver. If a business served alcohol to someone who was visibly intoxicated or to a minor, and that person later caused an accident, the business can be held liable. This can significantly increase the available insurance coverage for your claim. Karl Luth investigates dram shop liability in every drunk driving case. See also our car accident attorney page for more information about accident claims.

The drunk driver may face criminal DWI charges from the state of Texas. However, the criminal case and your civil injury claim are separate proceedings. Even if the drunk driver is not convicted criminally, you can still win your civil case. And if they are convicted, that conviction is powerful evidence in your civil claim. Karl Luth handles the civil side of your case while the criminal proceedings run their course.