Board-Certified Personal Injury Attorney
A drunk driver just turned your life upside down, and now you’re wondering whether you can make them pay for more than just your medical bills. Yes — if a drunk driver hit you in Texas, you may be eligible to recover punitive damages on top of compensation for medical expenses, lost income, and pain and suffering. Unlike standard damages, punitive damages are designed to punish grossly negligent conduct like driving while intoxicated, and they can significantly increase the total value of your case. The drunk driver’s insurer won’t volunteer this information, and without experienced legal representation, you risk leaving that money on the table. A Galveston County DWI accident attorney can help you pursue punitive damages and hold the impaired driver fully accountable.
What Types of Damages Can You Recover After a Drunk Driving Accident in Texas?
When a drunk driver causes a crash in Galveston County or anywhere in Texas, the injured person may be entitled to three categories of compensation. Understanding each category is important because it directly affects the total value of your claim, and many accident victims do not realize how much they may be owed.
The first category is economic damages, which are the tangible financial costs of the accident. These include medical expenses for treatment and recovery, lost wages if you are unable to work, and property damage to your vehicle.
The second category, non-economic damages, covers the intangible effects of the accident, such as physical pain, emotional distress, and loss of enjoyment of life. There is no cap on non-economic damages in most Texas personal injury cases, which means a jury has discretion to award what it believes is fair based on the severity of your injuries.
Unlike other types of compensation, punitive damages are not meant to cover specific losses. Instead, they are intended to punish the at-fault driver for their reckless behavior and serve as a deterrent to prevent similar incidents in the future.
Punitive damages are often sought after a DUI or DWI accident with injuries. Drunk driving cases are among the strongest candidates for this type of award.
When Are Punitive Damages Awarded in Texas DWI Cases?
Texas refers to punitive damages as “exemplary damages.” Exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm results from fraud, malice, or gross negligence. In a drunk driving accident case, gross negligence is the most common basis for pursuing this additional compensation.
Gross negligence is a step above ordinary negligence. It is defined by statute and has two elements. First, viewed objectively, the act must involve an extreme degree of risk considering the probability and magnitude of the potential harm to others. Second, the actor must have had actual, subjective awareness of that risk but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others.
Drunk driving often meets this legal threshold. Choosing to drive drunk, despite its known dangers, can demonstrate the conscious disregard required under the law.
Proving gross negligence requires more than showing the other driver had a high blood alcohol concentration. Your attorney must present evidence that the driver knew the risks of driving while impaired and chose to do it anyway. Exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary damages. Attorney Bill Wells understands how to build these cases and present them effectively to Galveston County juries.
Are There Caps on Punitive Damages in Texas?
Yes. Punitive damages are capped at the greater of $200,000 or two times the amount of economic damages plus the amount equal to non-economic damages up to $750,000. This formula means the cap scales with the size of your compensatory damages. In a serious injury case with substantial medical bills and lost income, the punitive damage cap can be significant.
For example, if a jury awards you $500,000 in economic damages and $300,000 in non-economic damages, the punitive damage cap would be the greater of $200,000 or $1,000,000 (two times $500,000) plus $300,000, totaling $1,300,000.
The cap does not apply in all cases. Under Tex. Civ. Prac. & Rem. Code §41.008(c), the cap is removed only when the plaintiff proves the defendant’s conduct constitutes one of a specific list of enumerated felonies. In drunk driving cases, that list includes intoxication assault and intoxication manslaughter, meaning those felony findings can remove the statutory cap entirely.
In Texas, courts can award exemplary damages only after first awarding compensatory damages. This means you must first prove that you suffered real economic or non-economic losses before a jury can consider punishing the drunk driver with additional damages.
Could Other Parties Be Liable for the Drunk Driver’s Actions?
In addition to suing the drunk driver, Texas law may allow you to pursue claims against other parties who contributed to the accident. Dram shop liability permits bars, restaurants, and other establishments selling alcohol to be held liable for injuries caused by their intoxicated patrons. In Texas, this principle is codified in the Alcoholic Beverage Code.
To succeed on a dram shop claim, you must show that, at the time of service, it was apparent that the patron was obviously intoxicated to the extent of presenting a clear danger to himself and others, and that intoxication was a proximate cause of the resulting harm. A drunk driver may be uninsured, underinsured, or financially unable to pay for the full extent of a victim’s injuries. A dram shop claim can provide another source of financial recovery.
Texas also follows a modified comparative negligence system, meaning your compensation can be reduced by your percentage of fault. Under the 51% bar rule, you can recover damages after an accident if you are found to be 50% or less at fault. However, your compensation will be reduced in proportion to your share of fault. If you are 51% or more responsible, you are not entitled to any recovery.
In drunk driving cases, the impaired driver typically bears the vast majority of fault. However, insurance companies may still try to shift some blame onto you to reduce their payout.
It is also worth noting that the statute of limitations for personal injury claims is two years in the State of Texas. Missing that deadline could bar you from pursuing compensation entirely. We track every filing deadline for our clients so nothing falls through the cracks.
Talk to Bill Wells About Your Drunk Driving Accident Claim
If a drunk driver hurts you or someone you love in Galveston County, you may be entitled to far more than the insurance company’s first offer suggests. Bill Wells has over 30 years of experience and more than 500 appearances in Galveston County courts. He handles every case personally and works on a contingency fees for motor vehicle cases, so you pay nothing unless we obtain a recovery for you. Contact our office for a consultation today. The initial consultation is free, and our phones are answered 24 hours a day. Se Habla Español.