The heartache of losing a loved one in a drunk driving accident is difficult to navigate, which is why families need support during this time to know the best way to move forward. Not only are you working through the grief and emotions, but it’s normal to have questions about your legal rights. Can you sue a drunk driver for wrongful death in Texas? Yes, you can choose to pursue a civil case against the driver, which is a separate process from the criminal case.
Regardless of whether a criminal conviction occurs, there are other legal processes that can be followed to compensate your family for this loss.
Two Separate Paths: Criminal Case vs. Civil Wrongful Death Claim
If you are considering your options for suing a drunk driver in Texas, then it’s essential to understand the differences between the criminal case and a wrongful death claim.
- Criminal Drunk Driving Case: When criminal charges are filed, this case is the State of Texas vs. the drunk driver who caused the accident. The purpose of a criminal case is to punish the driver for their actions. But a criminal case doesn’t compensate the family for their losses.
- Civil Drunk Driving Case: On the other hand, you might choose to pursue a civil claim, which is your family vs. the drunk driver. The purpose of a civil case is to seek compensation for the damages and related suffering.
Keep in mind that the prosecutor in a criminal case is focused on ensuring that the crime is prosecuted. This prosecutor doesn’t act as an attorney to secure financial recovery for your family. So, even if a criminal case is in process, your family will still benefit from working with a drunk driving attorney for the civil case. The criminal conviction can help your civil case, but you can pursue a civil case regardless of the outcome of the criminal charges.
Intoxication Manslaughter in Texas: The Criminal Implications
In the state of Texas, the penal code classifies intoxication manslaughter as a second-degree felony, which means that a conviction can result in 2 to 20 years of incarceration. There are different charges and various elements that are considered in the case, depending on the circumstances of the accident. Potential charges might include DWI, intoxication manslaughter, and/or intoxication assault.
The court might order the perpetrator to pay restitution as part of the criminal case. But this amount rarely comes close to covering the full financial losses the family will experience.
Can I Sue a Drunk Driver Who Was Acquitted or Not Convicted?
For a drunk driver to be convicted in a criminal case, it requires proof “beyond reasonable doubt.” On the other hand, a civil case only requires a “preponderance of the evidence,” which means that the bar is lower to win the case.
Also, keep in mind that you don’t need to wait for the criminal conviction in order to file a civil claim for wrongful death. If a conviction is already in place, then it can strengthen your civil case. But having the criminal conviction is not required to win the civil case.
There are multiple examples of families winning civil wrongful death cases in Texas, even when the criminal case ended in acquittal or no formal charges at all.
Who Can File a Wrongful Death Claim in Texas
Only eligible family members can file a wrongful death claim, including:
- Spouse
- Children
- Parents
Also, there is a three-month rule in Texas, which allows the estate’s representative to file a wrongful death claim if the immediate family members haven’t filed yet.
Liability Considerations Involving Dram Shop or Social Host
Depending on the situation, the drunk driver might not be the only party liable for the wrongful death. In the state of Texas, the dram shop law means that a bar or restaurant might be partially liable if they over-served a person who was visibly intoxicated and then caused an accident.
Strong evidence is needed to win a dram shop case because we need to show how the establishment’s service practices played a role in the accident.
The general rule is that social hosts aren’t liable for adult guests who drive drunk after the party. But there is one exception: if a minor is drunk and causes an accident, then the host might be civilly liable if they are 21 or older and not the minor’s parent, guardian, or spouse. When a host knowingly served alcohol to a minor, and the intoxication caused the injury or death, then the host might be named partially liable in the claim.
FAQs
How much can you sue for wrongful death in Texas?
There isn’t a fixed cap on wrongful death damages in Texas. An experienced drunk driving attorney can help you maximize the available settlement by pursuing multiple types of compensation, including economic damages (funeral costs, lost income, etc.), as well as non-economic damages (mental anguish and loss of companionship). In some cases, punitive damages might apply if gross negligence occurred.
Can I sue the bar that served the drunk driver?
In some cases, yes, under Texas’s dram shop law. To pursue this type of claim, you need strong evidence that the bar or restaurant over-served a visibly intoxicated person, and that person then caused harm.
Talk to a Wrongful Death Attorney Today
If you have lost a loved one in a drunk driving accident, then it’s time to consult with a wrongful death attorney in Texas to learn about your options. Keep in mind that the statute of limitations is two years for civil suits. But we recommend that you start gathering evidence as soon as possible. The sooner we start building your case, the easier it is to prove liability in the accident.
At Green Law Firm, we offer personalized legal services and bilingual support. Contact us to schedule a no-obligation consultation to discuss your case with a skilled attorney: (956) 542-7000.
