DWI accidents

What to Do After a Drunk-Driving Accident in Texas

A collision involving suspected intoxication may involve a parallel criminal investigation and records that may be relevant to a civil claim. This guide provides general safety, medical, documentation and insurance considerations without treating any step as determining civil responsibility or claim value. For city-specific resources, see our Texas accident guides.

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Prepared by Texas Settlement Calculator Editorial Team · Published 2026-08-16 · Editorial standards

Step 1: Address medical needs

A collision involving suspected impairment can produce a range of injuries depending on speed, impact, restraint use, vehicle movement and other circumstances. Seek medical care appropriate to your symptoms and follow healthcare-provider guidance. Medical records may help document reported injuries, treatment and recovery, but no particular treatment timing determines whether a claim is valid or what it is worth.

Step 2: Make sure there's a police report — and that the DWI is documented

A police or crash report may document the scene, involved drivers, officer observations and information concerning suspected impairment. Related toxicology, video or criminal-case records may also be relevant, subject to admissibility and the issues in dispute. A report or arrest does not by itself determine civil responsibility.

Step 3: Document everything you can

Use your phone. Photograph the scene, both vehicles, any visible injuries, and the road conditions. If there are witnesses, get their names and phone numbers — they may not stay at the scene, and their statements can be critical. If you noticed signs of intoxication — slurred speech, the smell of alcohol, open containers, unsteady movement — note them, because that observation can support both the criminal case and your civil claim. Don't confront the other driver or attempt to administer your own field-sobriety test; let the police handle it.

Step 4: Understand why this case is different

A drunk-driving crash may involve different evidence, potential defendants, insurance questions, exemplary-damages allegations, and possible dram-shop issues. Each requires case-specific factual and legal analysis and does not automatically establish liability, additional damages, or additional coverage. For the legal standards, read our explainers on the Texas Dram Shop Act and Texas punitive damages, and for what your claim may be worth, see our guide to how much a DWI accident settlement is worth in Texas.

Step 5: Don't give a statement to the insurer

An insurer may request a recorded statement or present documents or a settlement offer early in the process. What to provide, sign, or accept can depend on the circumstances, policy obligations, and the information available at the time. A consumer may wish to understand the request and its consequences before responding.

Step 6: Investigate dram shop liability early

A Texas alcohol provider may be a potential party only when the statutory dram-shop requirements and causation can be established. Potentially relevant information can include receipts, witness statements, available security footage and service records. Retention and availability vary by record type and business, and any associated insurance must be independently verified.

Step 7: Get a broad preliminary claim-value range

Before you respond to any offer, use the calculator for a broad educational preliminary range based on reported factors. Our free drunk-driving accident settlement calculator gives you a broad educational preliminary range based on your injuries, treatment, and the specifics of your DWI crash — in about two minutes, with no sign-up. For a broader look at the steps that apply to any Texas car accident, read our step-by-step guide.

Step 8: Optional professional review for drunk-driving cases

A lawyer evaluating a DWI-related collision may consider criminal-case records, evidence preservation, potential dram-shop issues, insurance, and whether exemplary damages are legally and factually supported. Criminal and civil matters proceed on different timelines, and access to records may change over time. Consultation terms and fee arrangements vary by firm and should be confirmed directly.

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Related Texas guides

Austin Drunk Driving Accident: What to Do Next How Much Is a DWI Accident Settlement Worth in Texas?How to Prove a Drunk Driver Was at Fault in Texas Texas DWI accident calculator Texas DWI Victim Resource Center Texas Personal Injury Resource Center Texas accident guides Texas trucking accident statistics

Frequently asked questions

What should I do first after a drunk-driving accident in Texas?

Seek medical care appropriate to your symptoms and healthcare-provider guidance. Police information, photographs, witness information and toxicology or arrest records may be relevant when available, but no single record establishes civil responsibility or claim value.

Why is a drunk-driving accident case different from a regular car accident?

A DWI-related claim may involve intoxication evidence, criminal-case records, an exemplary-damages allegation, and possible dram-shop issues. Each has a distinct legal and evidentiary role and requires case-specific analysis.

How long do I have to file a drunk-driving accident claim in Texas?

Texas personal-injury claims often involve a two-year limitations period, but accrual, tolling, governmental notice, minors and other exceptions can change the analysis. Criminal-case, BAC and other records may follow separate timelines, so potentially relevant evidence should be identified promptly.

Should I investigate dram shop liability after a drunk-driving accident?

A bar or restaurant may be relevant only if the Texas dram-shop statutory requirements and causation can be established. Receipts, available video, witness information and service records may be relevant; their retention and availability vary, and any insurance must be verified.

This tool produces a preliminary, non-binding estimate based on the information you provide and general personal-injury valuation methods. It is not legal advice, not a guarantee of any outcome, and not a substitute for review by a licensed attorney. Actual settlements and verdicts vary widely based on evidence, jurisdiction, insurance coverage, and many other factors. Texas Settlement Calculator is not a law firm and does not practice law; use of this tool does not create an attorney-client relationship.