Published by Carabin Shaw – San Antonio Wrongful Death Lawyers
Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in accident cases that might have led to the loss of life. Focusing on securing the best possible compensation for clients.
Drunk Driving Fatalities and Wrongful Death Claims in San Antonio
Drunk driving remains one of the most preventable causes of fatal accidents on Texas roads. Despite strict laws and aggressive enforcement, impaired drivers continue to claim lives in San Antonio and throughout Bexar County every year. When a family loses a loved one to a drunk driver, the grief is compounded by the knowledge that the tragedy was entirely avoidable. As a legal professional who has represented families in these devastating cases, I know that pursuing a wrongful death claim is not just about financial compensation — it is about holding the responsible party accountable and sending a clear message that this behavior has consequences.
Criminal vs. Civil Proceedings
One of the most important things for families to understand is that a criminal prosecution of the drunk driver and a civil wrongful death lawsuit are two entirely separate proceedings. The criminal case is brought by the state and is focused on punishing the offender. The civil wrongful death claim is brought by the surviving family and is focused on securing financial compensation for their losses. The two proceedings can occur simultaneously, and the outcome of the criminal case — such as a guilty plea or conviction — can serve as powerful evidence in the civil lawsuit. A skilled San Antonio wrongful death attorneys will monitor the criminal proceedings closely and use any admissions or findings to strengthen the civil case.
Dram Shop Liability in Texas
Texas law provides an additional avenue for recovery in drunk driving wrongful death cases through the Dram Shop Act. Under this law, a bar, restaurant, or other establishment that serves alcohol to a visibly intoxicated person may be held liable for damages caused by that person’s subsequent drunk driving. This is particularly significant in cases where the drunk driver has limited insurance coverage or personal assets, as the establishment may have substantially greater financial resources. Establishing dram shop liability requires evidence that the establishment continued to serve alcohol to someone who was clearly intoxicated, and that this service was a proximate cause of the fatal accident.
Punitive Damages in Drunk Driving Cases
Unlike many other types of wrongful death cases, drunk driving fatalities often support a claim for punitive damages. Texas law allows punitive damages when the defendant’s conduct was grossly negligent — meaning they were consciously indifferent to the rights, safety, or welfare of others. Choosing to drive while heavily intoxicated is widely recognized as meeting this standard. Punitive damages are awarded not to compensate the family but to punish the wrongdoer and deter similar conduct in the future. They can significantly increase the total recovery available to the surviving family.
Gathering Evidence in Drunk Driving Cases
The evidence available in a drunk driving wrongful death case is often substantial. Police reports, breathalyzer and blood alcohol test results, surveillance footage from the accident scene, and witness statements all contribute to establishing the driver’s intoxication and liability. Bar and restaurant receipts, surveillance footage from the establishment, and the testimony of other patrons can support a dram shop claim. Acting quickly to secure and preserve this evidence is essential, as some of it — particularly surveillance footage — may be overwritten or destroyed within days of the accident.
Justice for Your Family
The families of drunk driving victims deserve more than sympathy — they deserve justice. The legal system provides a powerful tool for holding drunk drivers and the establishments that enabled them fully accountable for the devastating consequences of their actions. A successful wrongful death claim not only provides the financial resources necessary to rebuild your family’s life but also serves as a deterrent, making San Antonio’s roads safer for everyone.
If your family has lost a loved one to a drunk driver in San Antonio, reach out for a free consultation today. You have rights, and you deserve a legal team that will fight tirelessly to protect them.