Dallas Drunk Driver Accident Lawyer
Has a crash caused by a drunk or impaired driver shattered your life or taken a loved one?
A single reckless choice changes everything. Every day, impaired drivers cause catastrophic collisions across North Texas, leaving victims with severe injuries and mounting bills. You shouldn’t have to sacrifice your family’s future to pay for someone else’s mistake.
As your Dallas drunk driving lawyers, we take on the legal burden. We deal with the insurance companies and fight for the full financial compensation you deserve, so you can focus on putting your life back together.
Reckless Choices. Shattered Lives. Justice Demanded.
Drunk Driving Is a Choice. Holding the Driver Accountable Is Our Mission.
NO FEES UNLESS WE RECOVERY FOR YOU
- ZERO Fees Until We Recover for You
- FREE Consultations to Assist You with All Questions
- ZERO Obligation in Talking With Us. That’s totally free.
We want to answer your questions! We’re here to help.
WE WILL HELP YOU
- Understand the Texas Drunk Driver Laws
- Understand How We Will Build Your Claim: Step-by-Step
- Get a Maximum Recovery for Your Claim
No Shortcuts. No Discounts.
Your injuries are real. Your losses are real.
And we don't believe in discounting either one.
What happened with injury and how can we help you?
A Personal Message from Charlie Waters to Victims of Drunk Driving Accidents and Their Families
I’ve represented people whose lives have been devastated by drunk drivers, and few things in personal injury law trouble me more. These collisions are not simply unfortunate accidents. They are preventable tragedies caused by someone making the reckless and inexcusable decision to get behind the wheel while impaired. Innocent people suffer terrible injuries, families are torn apart, and sometimes lives are lost—all because someone chose to drive when they had no business doing so.
What makes these cases especially troubling is the senselessness of it all. A person driving home from work, a family returning from dinner, or a young couple enjoying an evening together can have their lives changed forever. The physical injuries, emotional suffering, and financial consequences can last a lifetime. And for families who have lost someone they love, no amount of money can undo what happened.
Texas law recognizes the seriousness of drunk driving and provides powerful legal remedies for those harmed by it. I’ve spent decades handling serious injury and wrongful death cases, and I know how to investigate these collisions, develop the evidence, and use the full force of Texas civil law to hold those responsible accountable. In appropriate cases, that includes pursuing punitive damages and claims against businesses that unlawfully served alcohol to an obviously intoxicated driver.
If you or someone you love has been injured or killed by a drunk driver, I want you to know that I understand your anger and your loss. You deserve answers, accountability, and a lawyer who will fight to see that justice is done. That’s the commitment I bring to these cases.
Charlie Waters
Founder, Charlie Waters Law
Texas Brain Injury Law Center
What You Should Know...
Texas Drunk Driving Laws: Civil Liability, Criminal Conduct, and Your Right to Compensation
Texas takes drunk driving seriously, and for good reason. An intoxicated driver can destroy innocent lives in a matter of seconds. Under Texas Penal Code § 49.04, a person commits the offense of driving while intoxicated when operating a motor vehicle in a public place while intoxicated. Texas law defines intoxication as either having a blood-alcohol concentration of 0.08 or higher or losing the normal use of mental or physical faculties because of alcohol, drugs, or a combination of substances. A driver can therefore be legally intoxicated even when their blood-alcohol concentration is below 0.08.
When an intoxicated driver causes a collision, two separate legal proceedings may follow. The State of Texas may pursue criminal charges to punish the driver, while the injured victim or surviving family members may bring a civil lawsuit seeking financial compensation. These proceedings serve different purposes, and a criminal conviction is not required to pursue a civil claim.
In a civil lawsuit, the injured person generally must establish that the driver was negligent and that the negligence caused their injuries. Evidence of intoxication can be especially important in establishing liability. Depending on the circumstances, violations of applicable safety statutes may also support a claim of negligence per se.
Texas law allows injured victims to seek compensation for medical expenses, lost income, diminished earning capacity, physical pain, mental anguish, physical impairment, and other legally recoverable damages. When drunk driving results in death, surviving family members may have additional rights under the Texas Wrongful Death Act.
At Charlie Waters Law, we understand that drunk driving cases are about more than proving who caused a collision. They are about holding people accountable for reckless conduct and pursuing the full measure of compensation Texas law allows.
Punitive Damages in Texas Drunk Driving Cases: When Ordinary Compensation Is Not Enough
When someone deliberately gets behind the wheel while intoxicated, the consequences can be devastating. Texas law recognizes that some conduct is so reckless and dangerous that simply compensating the injured victim may not be enough. In appropriate cases, the law allows an additional award of money known as exemplary damages, commonly called punitive damages, intended to punish particularly wrongful conduct and discourage similar behavior.
Ordinary compensatory damages are designed to reimburse victims for their losses, including medical expenses, lost earnings, physical pain, mental anguish, and permanent disability. Punitive damages serve a different purpose. They focus on the seriousness of the defendant’s misconduct rather than solely on the injuries suffered by the victim.
Under Texas Civil Practice and Remedies Code § 41.003, punitive damages may be awarded when the injured person proves, by clear and convincing evidence, that the harm resulted from fraud, malice, or gross negligence. Gross negligence involves conduct creating an extreme degree of risk, coupled with the defendant’s actual awareness of that risk and conscious indifference to the rights, safety, or welfare of others.
Evidence that a driver consumed excessive alcohol, ignored warnings not to drive, drove dangerously, or had prior intoxication-related incidents may be important in establishing gross negligence. However, intoxication alone does not automatically establish entitlement to punitive damages. The evidence must satisfy the requirements of Texas law.
Texas generally places statutory limits on punitive damages under § 41.008, but important exceptions exist, including certain cases involving intoxication assault or intoxication manslaughter.
At Charlie Waters Law, we believe drunk drivers should be held fully accountable for the harm they cause. When the evidence supports a claim for punitive damages, we pursue those damages as part of our commitment to obtaining justice for injured victims and their families.
Texas Dram Shop Law: When Bars, Restaurants, and Other Alcohol Providers May Share Responsibility
When a drunk driver causes a serious collision, responsibility may extend beyond the person behind the wheel. In some cases, a bar, restaurant, nightclub, or other business that served alcohol to the driver may also be legally responsible. These claims are known as dram shop cases, and they are governed by Chapter 2 of the Texas Alcoholic Beverage Code.
Under § 2.02, an alcohol provider may be held liable when two important conditions are established. First, at the time alcohol was provided, it must have been apparent to the provider that the customer was obviously intoxicated to the extent that the customer presented a clear danger to themselves and others. Second, the customer’s intoxication must have been a proximate cause of the injuries or damages that followed.
This is an important distinction. A business is not automatically responsible simply because it served alcohol to someone who later caused a collision. The evidence must establish the specific requirements imposed by Texas law.
Dram shop investigations often involve obtaining surveillance recordings, receipts, credit card transactions, witness statements, and testimony from bartenders or servers. These records may help establish how much alcohol was served, the customer’s behavior, and whether obvious signs of intoxication were present. Prompt investigation is essential because valuable evidence can disappear.
Texas law also recognizes a statutory defense involving approved alcohol-service training and an employer’s policies regarding service to intoxicated customers. Whether that defense applies depends on the particular facts.
For victims suffering catastrophic injuries or families grieving a wrongful death, identifying every legally responsible party can be especially important. A dram shop claim may provide an additional source of financial recovery when the drunk driver’s insurance is insufficient.
At Charlie Waters Law, we investigate not only the driver’s conduct but also where the alcohol came from and whether a business violated its legal responsibilities. When the evidence supports it, we pursue accountability against everyone whose unlawful conduct contributed to the tragedy.
Investigating a Drunk Driving Collision: The Evidence That Can Make or Break a Case
Proving that a drunk driver caused a serious collision often requires much more than obtaining a police accident report. Although law enforcement officers investigate possible criminal violations, a civil lawsuit requires a broader examination of what happened, why it happened, and who may be legally responsible. A thorough investigation can uncover evidence that was never developed during the criminal investigation.
Blood-alcohol testing and toxicology results are often important, but they are only part of the picture. Police body-camera recordings, dashboard-camera footage, field sobriety testing, witness statements, and observations of the driver’s behavior may help establish intoxication. Cellphone records, vehicle event data recorders, and accident reconstruction evidence can help determine how the collision occurred and whether speeding, distraction, or other dangerous conduct contributed to it.
One particularly important question is where the driver had been drinking before the collision. Credit card receipts, bar surveillance recordings, restaurant records, and testimony from bartenders or other customers may reveal whether alcohol was served to someone who was already obviously intoxicated. That evidence can become critical when investigating potential dram shop liability.
Timing matters. Surveillance recordings may be overwritten, witnesses’ memories fade, and electronic information can be lost. An experienced drunk driving accident lawyer should promptly identify potential evidence and take appropriate steps to preserve it, including sending preservation notices and pursuing available legal procedures to obtain records.
The investigation must also document the full extent of the victim’s injuries. Medical records, imaging studies, expert evaluations, employment records, and testimony from family members may be necessary to establish permanent disabilities, lost earning capacity, future medical needs, and the impact on daily life.
At Charlie Waters Law, we understand that a successful drunk driving case depends on developing both the liability evidence and the damages evidence. Our objective is to uncover the complete story, identify every responsible party, and present the evidence in a way that makes the devastating consequences of impaired driving impossible to ignore.
For information about obtaining Texas crash reports, see the Texas Department of Transportation’s Crash Reports and Records.
More Than 35 Years of Advocating for Drunk Driving Crash Victims
Drunk driving is a choice, and the people who make it must be held financially responsible. When an impaired motorist gets behind the wheel, they put every innocent family on the road in immediate danger. Texas law empowers you to make them answer for the physical and financial wreckage they leave behind.
At Charlie Waters Law, our priority is securing the maximum compensation for your medical treatments, lost income, and recovery. Insurance adjusters will try to protect their bottom line by minimizing your payout. With over 35 years of experience, we anticipate their tactics, take over the legal stress, and fight relentlessly for your future.
Securing Your Compensation Under Texas Law
A criminal prosecution might put a drunk driver behind bars, but it won’t compensate you for your losses. To get your life back on track, you must bring a civil claim to uncover every available insurance policy and liable party.
We aggressively investigate the crash to uncover every potential source of compensation, including:
- The Impaired Driver: We use blood alcohol tests, police footage, and DWI charges to prove their negligence and demand maximum payouts.
- Negligent Bars and Restaurants: Under Texas Dram Shop laws, we target the businesses that knowingly overserved a clearly intoxicated driver.
- Employers and Vehicle Owners: We pursue companies whose employees were driving drunk on the clock, or individuals who recklessly handed their keys to an impaired driver.
Drunk driving crashes rarely involve just one liable party. By securing the hard evidence early, we build an undeniable case that insurance adjusters cannot break through, forcing them to pay what you are truly owed.
You should not have to play detective or argue with adjusters while recovering from severe injuries. We shoulder the entire legal burden from day one, giving you the time, energy, and space to focus completely on your family and your health.
Navigating Medical and Legal Steps After a Drunk Driving Crash
Knowledge is your best defense against an insurance company looking to exploit your crash. Protect your claim and prioritize your health with our free, downloadable guides. From navigating orthopedic injuries to shutting down aggressive insurance adjusters, equip yourself with the facts you need to make informed decisions while you heal.
“Respectful counsel, thorough investigation, and a case built to stand up in court."
“When someone chooses to drive drunk, they put innocent lives at risk. I’ve represented people whose lives have been forever changed by that reckless decision. These accidents are preventable, and the suffering they cause is often devastating. I believe drunk drivers must be held accountable, and their victims deserve justice, compassion, and experienced legal representation.”
CHARLIE WATERS
Do You Have a Drunk Driver Accident Case?
You possess strong grounds for a civil lawsuit or maximum claim if your experience includes the following factors:
You were injured as a driver, passenger, pedestrian, motorcyclist, or cyclist in a crash caused by an impaired driver.
The other driver was arrested or charged with DWI, failed a sobriety test, or showed signs of intoxication at the scene.
The driver had been drinking at a bar, restaurant, or event where staff continued serving them after they were visibly intoxicated.
The crash resulted in serious injuries requiring emergency care, surgery, or rehabilitation, or caused the death of a loved one.
Your recovery required taking time off work, leading to lost wages or reduced earning ability.
The insurance company denied your claim, offered only the policy minimum, or pressured you into an unfair, early settlement.
When a drunk driver alters your health or takes someone you love, consulting a dedicated Dallas drunk driver accident lawyer can give your family a much better understanding of where you stand legally and what steps to take next.
Recoverable Losses After a Drunk Driving Crash
A drunk driver’s choice can cost you your health, your vehicle, and your livelihood. You should not have to empty your savings to pay for a reckless driver’s mistake. Texas law allows you to hold that driver completely financially responsible for both the visible bills and the invisible trauma you are enduring.
We fight to make you financially whole again, securing compensation for:
- Immediate medical interventions, surgeries, hospitalizations, and prescriptions
- Ongoing physical therapy and any anticipated future medical care
- Professional counseling for crash-related trauma, PTSD, and anxiety
- Income lost during your recovery and any permanent damage to your earning power
- The daily reality of physical pain, suffering, and emotional distress
- Life-altering physical impairments, disfigurement, or permanent scarring
- Punitive damages intended to financially penalize the driver’s reckless choice
- The complete repair or replacement of your vehicle and personal property
Mr. Waters is a truly devoted and wonderful individual who just happens to be a very wise attorney, and I highly recommend him to anyone needing legal services regarding traumatic brain injuries. If you need someone to put a voice to your suffering, who paints a complete picture of what you’ve been through, you will have found the perfect person in Charlie. His extensive knowledge and education in this area of law is unparalleled, and no wonder he is ranked among the top in the nation.
M. BENOIT
Former Client
OUR APPROACH
How Our Dallas Drunk Driver Accident Law Firm Builds a Strong Case
1
Evaluating Your Maximum Compensation
To ensure no money is left on the table, a thorough analysis of the crash and your medical records pinpoints every liable party and available insurance policy.
2
Locking Down Critical Evidence
Giving the insurance company zero room for excuses requires immediate action. Our team secures police reports, toxicology results, dashcam footage, and bar receipts before they disappear.
3
Preparing for Trial to Force a Settlement
Forcing adjusters to offer maximum payouts means preparing for court from day one. By calculating your total losses and building a jury-ready case, our aggressive stance protects your future.
Charlie Waters Law
Our Client Communication Promise
It’s your case. We work for you.
We understand how much your case and its outcome mean to you, and we believe you deserve to be heard, respected, and informed. We promise to keep you updated, answer your questions, and make sure you know where your case stands every step of the way.
You have our word on it.
Charlie Waters
Dallas Drunk Driver Accident Lawsuit FAQs
Call 911, request police assistance, and seek medical attention as soon as possible. Tell the responding officers if you suspect the other driver has been drinking. If you can do so safely, photograph the vehicles, the accident scene, and your visible injuries. Obtain contact information from witnesses and keep copies of your medical records. Before giving a recorded statement to the other driver’s insurance company or accepting a settlement, speak with an experienced drunk driving accident lawyer.
No. A civil injury claim is separate from the criminal prosecution and can proceed while the criminal case is pending. A DWI conviction may provide valuable evidence, but a conviction is not necessary to establish civil liability. Even if criminal charges are dismissed or the driver is acquitted, you may still have a valid personal injury claim. Our firm investigates the crash independently while monitoring the criminal proceedings for evidence relevant to your case.
Yes, in appropriate cases. Texas law permits exemplary damages, commonly called punitive damages, when the evidence establishes gross negligence or another qualifying basis under Texas law. Driving while intoxicated can support such a claim, particularly when the driver’s conduct demonstrates an extreme risk to others and conscious indifference to their safety. These damages are intended to punish especially reckless conduct and discourage similar behavior. They are not automatic, and Texas law imposes specific proof requirements and generally limits the amount recoverable.
Possibly. Under the Texas Dram Shop Act, a bar, restaurant, or other licensed alcohol provider may be held responsible when it serves alcohol to someone who was obviously intoxicated to the extent that the person presented a clear danger to themselves or others, and that intoxication proximately caused the injuries. These cases often require careful investigation of receipts, surveillance footage, witness statements, and alcohol sales records. Our firm investigates whether an alcohol provider shares responsibility for the crash.
You may still have options for recovering compensation. We investigate all potentially available insurance coverage, including your own uninsured or underinsured motorist coverage, and determine whether another person or business may share legal responsibility. In appropriate cases, a bar or restaurant that unlawfully served the driver may also be liable. We examine every reasonable source of recovery rather than assuming the drunk driver’s insurance policy is the only available compensation.
Depending on your injuries and the circumstances, you may be entitled to compensation for medical expenses, future medical treatment, lost wages, diminished earning capacity, physical pain, mental anguish, physical impairment, and disfigurement. Serious injuries may require compensation for lifelong medical care and assistance. In cases involving gross negligence, exemplary damages may also be available. Our goal is to identify the full extent of your losses, including the consequences that may not become apparent until months or years after the crash.
You may still pursue a civil injury claim. Police officers do not arrest every impaired driver, and criminal charges are not required to establish negligence in a civil case. Evidence of intoxication may include witness observations, body-camera recordings, police reports, admissions, toxicology results, and other evidence obtained during our investigation. Even without proof of intoxication, you may have a claim if the driver’s negligent conduct caused your injuries.
You may still recover compensation under Texas law if your percentage of responsibility does not exceed 50%. However, your damages will generally be reduced by your percentage of fault. For example, if you are found 20% responsible, your recoverable damages ordinarily would be reduced by 20%. The fact that another driver was intoxicated does not automatically eliminate comparative fault issues. We carefully investigate how the crash occurred and challenge unsupported attempts to shift responsibility to our clients.
Texas law allows certain surviving family members, including a spouse, children, and parents, to pursue wrongful death claims when a drunk driver’s negligence causes a death. Recoverable damages may include lost financial support, loss of companionship, mental anguish, and other legally recognized losses. A separate survival claim may also be available through the deceased person’s estate. These cases deserve particularly careful investigation, including whether exemplary damages or claims against additional responsible parties may be available.
The general statute of limitations for personal injury lawsuits in Texas is two years from the date of the accident. Wrongful death lawsuits generally must be filed within two years of the date of death. Certain exceptions may apply, but waiting can jeopardize your rights. Important evidence, including surveillance footage, electronic vehicle data, and witness recollections, can disappear long before the filing deadline. Contacting an attorney promptly allows the investigation and preservation of evidence to begin.
We investigate the circumstances surrounding the collision and seek available evidence, including police reports, field sobriety testing, breath or blood alcohol results, body-camera and dash-camera recordings, witness statements, and statements made by the driver. We may also investigate where the driver consumed alcohol before the crash. Evidence of intoxication can be important in establishing negligence, supporting a claim for exemplary damages, and identifying other potentially responsible parties.
We handle qualifying drunk driving accident cases on a contingency-fee basis. You pay no upfront attorney fees or hourly charges. Our fee is a percentage of the compensation we recover for you, and our firm advances the expenses necessary to investigate and pursue your case. If there is no recovery, you owe us no attorney fees or reimbursement of case expenses. We explain our fee agreement clearly before you retain us.