The driver who hit you is being charged with DWI. That’s good, but it probably raises as many questions as it answers. Is the criminal case your case? Do you have to wait for it? If he’s convicted, does that mean you win? If he beats it, are you out of luck? In Texas the two cases run on separate tracks, and how they connect matters for your claim.
The short answer
When a drunk driver hurts you, two completely separate cases can come out of it: the criminal case, where the State of Texas prosecutes the driver for DWI, and your own civil injury claim, where you seek money for what the crash did to you. They run on different tracks, with different rules. And you do not need the driver to be convicted to recover. The criminal case can help your claim, but it doesn’t control it.
Two cases, two different jobs
The criminal case belongs to the State, not to you. A prosecutor (not you) decides what to charge and whether to offer a plea deal, and if the driver is convicted, the “result” is jail, a fine, or probation. You’re the victim and often a witness, but you’re not in the driver’s seat, and none of that punishment puts money in your pocket for your medical bills or lost income.
Your civil claim is the opposite. It’s yours. You and your lawyer decide whether and how to pursue it, and the goal isn’t to punish the driver with jail. It’s to make you whole for your injuries, your bills, your lost wages, and the toll the crash took on your life. Two cases, two entirely different jobs.
You don’t need a conviction to win your claim
This surprises people. The two cases use different standards of proof. To convict someone of a crime, the State has to prove it beyond a reasonable doubt, the highest bar in the law. Your civil claim only has to be proven by a preponderance of the evidence: basically, more likely than not. That’s a much lower bar. So even if the driver is acquitted, or the charges get reduced, dropped, or never filed at all, your civil injury claim can still succeed. The criminal case failing does not mean your claim fails.
How the criminal case can actually help you
Even though it’s separate, the criminal case can be a gift to your civil claim. The police did a full DWI investigation at the scene (breath or blood alcohol testing, field sobriety tests, sometimes a drug-recognition evaluation), and that evidence can be used to prove the driver was impaired and at fault in your case. If the driver pleads guilty or is convicted, that can be powerful proof of responsibility. This is where my background matters: I’m an ACS-CHAL Forensic Lawyer-Scientist and a certified Drug Recognition Expert, so the same intoxication science the State uses to prove a DWI, I use to prove the other driver was impaired and to press for everything you’re owed. For the fuller picture of a drunk-driving injury claim, see our Houston drunk-driving accident page.
Should you wait for the criminal case to finish?
Usually not, and waiting can hurt you. The criminal case can drag on for months or longer, but your civil deadline keeps running the whole time: in Texas you generally have two years from the date of the crash to file a personal-injury lawsuit (Texas Civil Practice & Remedies Code ยง 16.003). Evidence also fades and witnesses move. The smart move is to start protecting your civil claim now and coordinate it with the criminal case, not to sit on your hands until the criminal side plays out.
Restitution isn’t the same as being made whole
Sometimes a criminal court orders the driver to pay restitution to the victim as part of a sentence. That’s helpful, but don’t mistake it for a full recovery. Restitution is usually limited to certain out-of-pocket losses and generally doesn’t cover things like pain and suffering or the full value of a serious injury. And accepting restitution doesn’t close the door on your civil claim. In most cases, restitution alone won’t come close to making you whole. The civil claim is where you go after the full value of what you lost.
Your voice in the criminal case, and where it stops
As the victim, Texas law gives you rights in the criminal case: to be kept informed, to be heard at certain points, and to give a victim impact statement. What you don’t get is control: the prosecutor decides the charges and whether to accept a plea, and their goal is the State’s, not your financial recovery. That’s exactly the gap a civil injury lawyer fills: someone whose only job is your side of it.
What if the driver had no insurance, or not enough?
It happens a lot with impaired drivers. If the person who hit you carried no insurance or too little to cover your injuries, your own uninsured/underinsured motorist coverage may step in. That’s its own topic. See Hit by an uninsured or underinsured driver in Texas.
Frequently asked questions
Do I have to wait for the drunk driver’s criminal case to be over before I sue?
Usually no. Your civil claim runs on its own timeline, and the two-year deadline to file keeps running regardless of the criminal case. It’s generally better to start protecting your civil claim right away and coordinate it with the criminal proceeding.
Can I still recover if the drunk driver isn’t convicted?
Yes. A civil claim only has to be proven by a preponderance of the evidence (“more likely than not”), which is a lower standard than the “beyond a reasonable doubt” needed for a criminal conviction. An acquittal, a reduced charge, or no charge at all doesn’t automatically end your civil claim.
Does a DWI conviction guarantee I win my injury case?
No. Nothing guarantees a result, but a guilty plea or conviction, along with the police’s breath, blood, and field-sobriety evidence, can be powerful proof that the driver was impaired and at fault.
Is criminal restitution the same as a personal injury settlement?
No. Restitution ordered in the criminal case is usually limited to certain out-of-pocket losses and often doesn’t cover pain and suffering or the full value of a serious injury, and receiving it doesn’t bar your civil claim.
How much does it cost to hire Blass Law for a drunk-driving injury case?
We handle injury cases on a contingency fee: no fee unless we recover for you. If we don’t recover, you don’t owe us for case expenses either.
Hurt by a drunk driver? Call us today
If you or someone you love was injured by a drunk driver in Houston, call Blass Law at (713) 664-4000 or request a free case evaluation. I understand both sides of these cases (the criminal science and your civil recovery), and I’ll put that to work for you. See also our Houston car accident lawyer page.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.