Wrongful Death from Drunk Driving in Texas

Wrongful death from drunk driving claims allow families to pursue civil compensation when impaired drivers kill their loved ones. These preventable tragedies occur every day on Texas roads when drivers choose to get behind the wheel after drinking. Wrongful death from drunk driving provides accountability beyond criminal prosecution and helps families address the financial devastation these deaths cause.

Wrongful death from drunk driving exists separately from criminal DWI and intoxication manslaughter charges. Criminal cases punish offenders but do not compensate victims. Civil wrongful death claims focus on providing compensation to families for their losses. Both proceedings can occur simultaneously, and civil claims do not require a criminal conviction.

The Texas Department of Transportation reports over 1,000 alcohol-related traffic deaths annually. Each death represents a family devastated by someone’s choice to drive impaired. Wrongful death from drunk driving holds these individuals accountable and may also reach establishments that over-served the impaired driver.

Proving Intoxication in Civil Cases

Wrongful death from drunk driving requires proving the driver was impaired when they caused the fatal accident. Several types of evidence establish intoxication.

Blood alcohol test results provide direct evidence of intoxication levels. Law enforcement routinely obtains blood draws from drivers suspected of impairment in fatal accidents. Results showing BAC at or above 0.08% establish legal intoxication. Call our Personal Injury Lawyers Today
Police investigation reports document officer observations about the driver’s condition. Slurred speech, bloodshot eyes, unsteady balance, and alcohol odor all indicate impairment. Field sobriety test results and driver statements appear in reports.

Toxicology reports reveal drug impairment in addition to or instead of alcohol. Many fatal accidents involve combinations of alcohol with prescription medications, marijuana, or illegal drugs.

Witness testimony from people who observed the driver before the accident helps prove impairment. Bartenders, servers, friends, and family may have seen the driver consuming alcohol.

Criminal proceedings generate evidence useful in civil claims. DWI charges, intoxication manslaughter charges, and resulting convictions provide evidence for wrongful death cases.

Texas Dram Shop Liability

Wrongful death from drunk driving may involve claims against bars, restaurants, and other establishments that illegally served alcohol to the driver who caused the death.

The Texas Alcoholic Beverage Code prohibits serving alcohol to obviously intoxicated persons. Establishments that violate this law and the patron cause a fatal accident face civil liability.

Proving dram shop liability requires evidence the establishment served an obviously intoxicated person. Signs of obvious intoxication that servers should recognize include slurred speech, difficulty walking, bloodshot eyes, and aggressive behavior.

Evidence in dram shop cases comes from purchase records, surveillance video, server testimony, and witness observations. Credit card receipts establish the customer relationship. Video may show the driver’s condition when served.

Dram shop claims provide additional sources of compensation beyond what the impaired driver can pay. Commercial establishments carry liability insurance that may cover wrongful death damages.

Punitive Damages in Drunk Driving Deaths

Wrongful death from drunk driving often supports punitive damage claims because driving while intoxicated demonstrates a conscious disregard for others’ safety.

Texas allows punitive damages when a defendant acts with gross negligence. Choosing to drive after consuming enough alcohol to become impaired demonstrates the conscious indifference that supports punitive awards.

Punitive damages punish wrongdoers and deter similar conduct. These damages supplement compensatory awards for medical expenses, lost income, and pain and suffering.

Evidence of high blood alcohol levels, prior DWI convictions, and statements showing the driver knew they were impaired strengthen punitive damage claims.

Damages in Fatal DWI Cases

Wrongful death from drunk driving allows families to recover comprehensive compensation for their losses.

Loss of financial support addresses the income the deceased would have provided to family members throughout their remaining working years.

Loss of companionship and society compensates for the relationship family members lost. The senseless nature of drunk driving deaths intensifies this loss.

Mental anguish damages recognize the severe grief and emotional trauma that families experience. Knowing a loved one died because someone chose to drive drunk compounds the anguish.

Funeral and burial expenses get recovered as part of wrongful death damages.

Punitive damages as described above may substantially increase total recovery in drunk driving death cases.

Get Help After a Drunk Driving Death

The wrongful death attorneys at Shaw Cowart aggressively pursue drunk driving death claims. We investigate thoroughly, identify all responsible parties, including potential dram shop defendants, and fight for maximum compensation. If a drunk driver killed your loved one, contact Shaw Cowart today for a free consultation.

Here are all the other areas where we represent Injured Accident Victims

Cedar Park
George Town
Hutto
Kyle
Leander
Pflugerville
Round Rock
San Marcos