Drunk Driving Accident Lawyer in McKinney, TX

McKinney Drunk Driving
Accident Lawyer

Being hit by a drunk driver is not just another accident. It is an injury caused by a choice, and Texas law recognizes that difference. When another driver gets behind the wheel impaired and causes serious harm, the civil claim available to you is more powerful than a standard negligence case, and the evidence trail left behind by a DWI arrest often works directly in your favor. We represent people across McKinney and Collin County who were hurt by impaired drivers and handle the full range of personal injury cases that follow a DWI crash. Your case review is free, and there is no fee unless we win.

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Quick Answer

If you were hit by a drunk driver in McKinney, your civil injury claim is completely separate from the criminal DWI case. You do not have to wait for a conviction before your claim moves forward. Texas law allows injury victims to pursue punitive damages against a drunk driver, and may allow a separate claim against the bar or restaurant that overserved them. A free case review with us will tell you what your claim may be worth and how to protect it.

The Criminal DWI Case and Your Civil Claim Are Separate

The criminal DWI case and your personal injury claim run on parallel tracks. A drunk driver faces criminal charges through the Collin County district attorney's office, while you pursue civil compensation independently. You do not have to wait for the criminal case to conclude before your civil claim moves forward, and a criminal acquittal does not automatically defeat your civil case, because the civil standard of proof is lower than the criminal standard.

What the criminal case can do is give your civil claim powerful supporting evidence. A DWI conviction, a guilty plea, a blood alcohol test result, or field sobriety test documentation from the night of the crash all become material your attorney can use to establish liability. We work to obtain and preserve that record early, before it becomes harder to access, and we monitor the criminal timeline for developments that affect the civil case.

Punitive Damages After a Drunk Driving Crash in Texas

Texas law allows injury victims to pursue exemplary damages, also called punitive damages, in cases involving gross negligence or malicious conduct. A driver who chose to get behind the wheel while impaired, knowing the risk that choice created for everyone around them, meets the legal standard for gross negligence under Texas Civil Practice and Remedies Code Chapter 41. Exemplary damages go beyond compensating you and are designed to punish the specific conduct and deter it.

Not every drunk driving case results in an exemplary damages award, but the possibility is a real and meaningful part of how we evaluate the full value of a claim from the beginning. The facts matter: the driver's BAC, whether they had prior DWI convictions, how they were driving before the crash, and whether they showed any awareness of the risk they were creating all feed into the analysis.

Dram Shop Claims Against the Bar or Restaurant

In Texas, the person who handed the drunk driver the keys is not always the only party with liability. Under the Texas Dram Shop Act, a bar, restaurant, or other alcohol provider can be held responsible for overserving a customer who was already obviously intoxicated when they were given more alcohol, and that customer then caused injury to someone else. If the at-fault driver was drinking at a bar, a restaurant, a sporting event, or a private party before the crash, we investigate whether a third party contributed to their intoxication and whether a dram shop claim applies. These claims have their own evidence requirements and their own deadlines under Texas Alcoholic Beverage Code Section 2.02, so the sooner an attorney is involved, the better positioned the investigation is.

Evidence That Matters in a Drunk Driving Civil Case

The evidence trail in a DWI crash is wider than in a standard car accident case, and much of it needs to be preserved quickly.

The police report, field sobriety test documentation, and BAC test results from the night of the crash.
The criminal case record, including charges filed, the indictment, any guilty plea or conviction, and sentencing.
Surveillance footage from the bar or restaurant the driver visited before getting in their vehicle.
Credit card and purchase records showing where and how much the driver drank.
Witness statements from people who saw the driver's condition before or at the scene of the crash.
The driver's prior DWI history, if any, which is relevant to the gross negligence and exemplary damages analysis.

We send evidence preservation demands early and coordinate with the criminal case timeline to stay ahead of developments that could affect the civil record.

Injuries in Drunk Driving Crashes

Drunk driving crashes tend to produce more severe injuries than standard collisions because impaired drivers often fail to brake before impact. High-speed collisions, wrong-way crashes, and head-on impacts all appear with higher frequency in drunk driving cases. The injuries that follow are often serious: traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and in the worst cases, fatal outcomes that leave families to pursue a wrongful death claim. If your injuries were severe enough to change how you live and work, our catastrophic injury page goes into more depth on how those claims are built and what damages they can account for.

What Compensation Covers After a Drunk Driving Accident

A drunk driving injury claim can include:

Medical expenses, including emergency care, surgery, specialist visits, imaging, and physical therapy.
Future medical costs if ongoing treatment or long-term care will be needed.
Lost wages for time missed from work while recovering.
Lost earning capacity if the injury affects your ability to work in the future.
Pain and suffering, including the physical and emotional impact of the crash on daily life.
Exemplary damages where the facts support a gross negligence finding.

If the at-fault driver had no insurance or not enough coverage to pay for your damages, your own uninsured motorist policy may provide compensation. A dram shop claim against the establishment that overserved the driver may also represent an additional source of recovery.

Our Approach

How We Handle Drunk Driving Injury Cases

We act early

Evidence in drunk driving cases disappears fast. We send preservation demands for bar surveillance footage, criminal records, and dashcam video before the window closes.

We investigate dram shop liability

We look at where the driver was drinking, how much they consumed, and whether an establishment overserved them in violation of Texas law.

We pursue exemplary damages where appropriate

We evaluate the full facts and build the record needed to support a punitive damages claim from the start.

We negotiate or litigate

Through settlement or trial if needed. You pay nothing unless we win.

Why McKinney Clients Choose Us

Direct attorney access

You speak with an attorney, not a call center.

Free case review, 24/7 intake

By phone, text, or online, any time after a crash.

$0 upfront for qualifying injury cases

No fee unless we win.

Local to McKinney

We know the roads, the courts, and the local context, and serve clients across Collin County and North Texas.

Drunk Driving Accident FAQs

Can I sue a drunk driver even if they were not convicted?

Yes. The criminal case and the civil claim are separate proceedings with different standards of proof. A civil case can succeed on police report documentation, BAC evidence, field sobriety test results, and witness accounts even without a criminal conviction or guilty plea.

What are punitive damages and can I get them in a Texas drunk driving case?

Punitive damages, called exemplary damages in Texas, are available when the defendant's conduct amounts to gross negligence. Getting behind the wheel while impaired meets that standard under Texas law. The amount and availability depend on the specific facts of the case.

Can I sue the bar or restaurant that served the drunk driver?

Possibly. Under the Texas Dram Shop Act, a business that serves alcohol to a visibly intoxicated person who then causes injury can be held liable. These claims have their own evidence requirements and deadlines, so getting legal help early is important.

What if the drunk driver had no insurance?

Your own uninsured or underinsured motorist coverage may provide a path to compensation, depending on your policy. A dram shop claim against the overserving establishment may also be available. We review every possible source of recovery.

Will the outcome of the criminal DWI case affect my civil claim?

A conviction or guilty plea strengthens the civil case, but the civil claim can move forward and succeed independently. We monitor the criminal proceedings and use any favorable developments to support your claim.

How long do I have to file a civil claim after a drunk driving crash in Texas?

Most personal injury claims must be filed within two years of the crash, though exceptions can apply. Dram shop claims under the Texas Alcoholic Beverage Code have their own deadline requirements. The sooner an attorney is involved, the more evidence can be preserved.

Hit by a Drunk Driver in McKinney?
Talk to an Attorney Today.

A drunk driving crash is not a standard accident and should not be treated like one. The civil claim available to you is wider and stronger than most injury victims realize before they speak with an attorney. Start your free case review or call (469) 960-6069. Our frequently asked questions page also covers general guidance on Texas personal injury timelines and process.