In Your State: What the Law Says About Drunk Driving Accidents
A drunk driving accident gives you the right to sue for damages regardless of whether the driver is convicted of DUI. In Texas, you have until the two-year deadline set by Texas Civil Practice and Remedies Code § 16.003 to file a personal injury lawsuit. In Tennessee, the window is shorter — one year under TCA § 28-3-104. A DUI conviction can strengthen your case as evidence of fault, but it is not required to recover compensation.
Why the criminal case doesn’t pay your bills
Criminal court can result in fines, license suspension, or jail time for the driver — none of which reaches your pocket. Restitution is sometimes ordered, but it rarely covers the full cost of medical care and lost income. A civil claim is the only path to that compensation.
What starts the clock
The filing deadline generally starts on the date of the crash, not the date of any criminal conviction. Waiting on the criminal case to resolve before starting your claim can cost you your right to sue.
TL;DR
A drunk driver’s criminal case doesn’t get you paid — the civil claim does. You still have to prove the crash caused your damages, and you’re still on a clock: two years in Texas, one year in Tennessee. Evidence disappears fast in DUI cases, so acting early matters more here than in most crashes.
Yes. If a drunk driver hit you, you can file a civil claim for your medical bills, lost wages, and pain and suffering — separate from any criminal DUI charges the driver faces. Drunk driving accidents create two tracks: the state prosecutes the driver criminally, and you pursue compensation civilly. This post covers what makes these claims different from a typical crash and the specific steps to protect yours. For a broader look at your options after a crash, see our guide to motor vehicle accidents.
How Fault Is Determined in Drunk Driving Crashes
Both Texas and Tennessee apply a 50% modified comparative fault rule. If you’re found more than half responsible for the crash, you can’t recover damages; below that threshold, your award is reduced by your percentage of fault. In drunk driving cases, a driver’s blood alcohol level, field sobriety results, and police report findings typically make it easier to establish that the impaired driver bears the greater share of fault. Toxicology results, the arresting officer’s report, and dashcam or traffic camera footage are the strongest pieces of evidence in these claims, and insurers know it — which is often why drunk driving claims settle faster once fault is clearly documented.
Insurance company tactics to expect
Even with clear evidence, insurers may argue you contributed to the crash — through speed, lane position, or delayed reaction — to shift blame and reduce your payout. Having your own account and evidence documented early counters this.
What to Do After a Drunk Driving Accident
Beyond the standard steps of calling police and seeking medical care, drunk driving crashes call for a few extra moves:
- Confirm a DUI/DWI arrest was made and get the police report number
- Request the toxicology or breathalyzer results once available
- Identify witnesses at the scene before they disperse — bar staff, other drivers, and pedestrians often see what led up to the crash
- Preserve any nearby business or traffic camera footage before it’s overwritten
- Contact an attorney before speaking with the driver’s insurance adjuster
That last step matters more than it sounds. Adjusters often call within days of a DUI crash, while the criminal case is still developing, hoping for a quick recorded statement before you understand the full extent of your injuries. A Harris County crash and a Memphis DUI crash both show how quickly these cases move once toxicology results come back, and how much documentation from the scene ends up mattering later.
What This Means for Your Drunk Driving Accident Claim
A drunk driving accident gives you a civil claim independent of the criminal case, but the same short deadlines apply — two years in Texas, one year in Tennessee. The evidence that makes these cases strong, like toxicology results and witness accounts, is also the evidence that disappears fastest. The sooner your claim is built around it, the stronger your position with the insurance company.
This content is for informational purposes only and does not constitute legal advice. Contact Culpepper Law Group for guidance specific to your situation.
Take This Step: Get Help From a Houston or Memphis Drunk Driving Accident Lawyer
Being hit by a drunk driver leaves you dealing with injuries you didn’t cause and an insurance company already looking for reasons to pay you less. Culpepper Law Group offers a free consultation to review your case, whether the crash happened in the Houston area or in Memphis. Our Stafford, Texas office serves the greater Houston area, and our Memphis, Tennessee office handles claims across that region. As a personal injury lawyer team working on contingency, you pay nothing unless we win. Reach out today so we can start preserving the evidence your claim depends on.
Frequently Asked Questions
1. Do I still need a lawyer if the drunk driver already pleaded guilty?
Yes — a guilty plea helps prove fault, but it doesn’t calculate or collect your compensation for medical bills and lost wages.
2. Does it cost anything to hire a lawyer for a drunk driving accident claim?
No. Culpepper Law Group works on contingency, so there’s no upfront fee and no cost unless you recover compensation.
3. Can I still sue if the drunk driver wasn’t arrested at the scene?
Yes. An arrest isn’t required — you can pursue a civil claim based on evidence of impairment even without a criminal charge.
4. Is it true that drunk driving claims always go to trial?
No — most drunk driving accident claims settle before trial once fault and damages are clearly documented.
5. Will my own insurance rates go up if I file a claim after being hit by a drunk driver?
Rate impacts vary by insurer, so it’s worth discussing your specific policy and situation with an attorney.
Key Takeaways
- A drunk driving accident creates a civil claim separate from any criminal DUI case, and you don’t need a conviction to recover compensation.
- Texas gives you two years to file under CPRC § 16.003; Tennessee gives you one year under TCA § 28-3-104.
- Both states apply a 50% modified comparative fault rule, so your share of blame can reduce or bar your recovery.
- Toxicology results, police reports, and witness accounts are the strongest evidence in these claims and disappear the fastest.
- You don’t need to wait for the criminal case to resolve before filing your civil claim — in fact, waiting can cost you your filing deadline.
