The criminal case punishes the driver. Your civil claim is what makes you whole.
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Driving while intoxicated is a crime, and a driver who causes a collision while impaired may face criminal charges. But the criminal case is not your case. No matter how the prosecution turns out, you have a separate right to bring a civil claim against that driver for the injuries and losses they caused you.
Alcohol-impaired driving still accounts for a substantial share of traffic deaths every year, and the crashes it causes are rarely minor. Head injuries, spinal damage, multiple fractures, and fatalities are common outcomes.
Drunk driving cases also carry evidence that ordinary collisions do not: blood alcohol results, field sobriety records, body-camera footage, and in some cases the receipts and service records of the bar or restaurant that over-served the driver.
LAWBOSS — Uvalle Law Firm is committed to helping you recover physically and financially. If you are the victim of a drunk driving accident, call 1-800-LAWBOSS. A free case review is available 24 hours a day.
Use the criminal file
Toxicology results, arrest reports, and body-camera video developed by law enforcement become evidence in your civil claim.
Look past the driver
Under the Texas Dram Shop Act, a bar or restaurant that served an obviously intoxicated patron may share liability.
Pursue exemplary damages
Where the conduct rises to gross negligence, Texas allows damages meant to punish, not just compensate.
Handle the restitution question
Criminal restitution and a civil settlement interact. We make sure one is not quietly used to reduce the other.
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Founder of Uvalle Law Firm, PLLC
Before becoming an attorney, Michael worked at several of Texas' largest insurance companies. He saw firsthand how they prioritize protecting the company over helping injury victims.
This inspired him to establish LAWBOSS – Uvalle Law Firm, PLLC in 2011. His goal is to use his insider knowledge to ensure fair compensation for injured individuals, guided by a commitment to integrity and hard work.
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We believe that this is the foundation of a successful attorney–client relationship and the key to achieving the best possible outcome for your legal matter.
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Yes. A criminal conviction punishes the driver; it does not pay your medical bills, replace your lost income, or compensate you for what the injury cost you.
Criminal restitution, where it is ordered at all, is typically limited to narrow out-of-pocket losses and is often uncollectable. The civil claim is the separate proceeding that addresses your damages.
Potentially. Texas allows exemplary damages where the plaintiff proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence, and driving while intoxicated is among the clearer routes to a gross negligence finding.
Exemplary damages are subject to statutory caps and are awarded on top of, not instead of, compensatory damages.
Sometimes. Under the Texas Dram Shop Act, a licensed provider may be liable if at the time of service it was apparent the recipient was obviously intoxicated to the point of presenting a clear danger to themselves and others, and that intoxication caused the harm.
It is a demanding standard, and it turns on evidence that disappears quickly — tabs and receipts, point-of-sale records, security footage, and server statements. This is one of the strongest reasons to bring a lawyer in early.
Drivers who drive impaired are, unsurprisingly, often underinsured. Your own uninsured/underinsured motorist coverage is usually the answer, and a dram shop defendant may add another layer of coverage where the facts support it.
Usually not. The civil statute of limitations runs on its own schedule and does not pause for a criminal prosecution, which can take a year or more.
The two proceedings can and often do run in parallel. There are timing decisions to make — a conviction can be useful evidence — but waiting passively is how deadlines get missed.
Generally yes, against that driver's liability coverage. Whether knowingly riding with an impaired driver reduces your recovery is a comparative-fault question that turns on what you actually knew at the time.
It is a fact-specific issue and not a reason to assume you have no case.
Nothing up front. We work on a contingency fee, which means our fee is a percentage of what we recover for you and there is no fee at all if we do not recover anything.
The case review is free, and you are not obligated to hire us after it.
In most cases, two years from the date of the injury. Miss that window and the court will almost always dismiss the case regardless of its merits.
The exceptions matter in both directions: the clock is paused for a child until their 18th birthday, while a claim against a city, county, or state agency requires written notice far sooner — six months under state law, and as little as 45 or 90 days under some city charters. Because the deadline depends on who is at fault, it is worth confirming early.
You can still recover. Texas uses proportionate responsibility: as long as you are 50% or less at fault, you collect damages reduced by your share of the blame. At 51% you recover nothing.
That threshold is exactly why adjusters work so hard to pin blame on the injured person early. Fault is argued, not decided at the scene.
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Uvalle Law Firm took really good care of my dad's truck accident case. They made everything easy from beginning to end. I truly recommend them for your law needs.
I was in an accident with a fractured sternum, a fracture in my spine, a concussion and severe whiplash. The Law Boss has been the best — I am so glad I gave them a call to represent me.
I called this law firm the same day of the accident and someone immediately answered all my questions. Within days I was being treated, and my compensation was more than I expected.
They moved quickly from the day of the accident until the end, stayed in contact, and closed the case quickly. I got way more money than I expected.
From the moment I called they got me in to see doctors immediately. Whenever I called with questions someone was there to answer and put my mind at ease.
Car Accidents
Collisions caused by distracted, reckless, or otherwise negligent drivers.
18-Wheeler & Truck Accidents
Complex cases involving commercial trucks and the companies behind them.
Motorcycle Accidents
Advocating for riders who are often unfairly blamed for crashes.
Premises Liability
Holding negligent property owners accountable for unsafe conditions.
Dog Bite Injuries
Securing compensation from dog owners for injuries their animal caused.
Spinal Cord & Back Injuries
Seeking justice for injuries that cause chronic pain and mobility loss.
Wrongful Death
Helping families seek justice after losing a loved one to negligence.
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