If an establishment over-served the driver, Texas dram shop law may give the surviving family the right to pursue a civil claim separate from the criminal case.
Get Connected Now →Losing a mother and a child in the same crash is a grief no family should have to carry. The surviving daughter now faces a lifetime of permanent injuries, medical treatment, and the daily weight of that January night on I-45. The criminal justice system sentenced the driver, but it does not write a check for hospital bills, lost income, or the cost of long-term care.
Civil law exists precisely for moments like this. When a bar, restaurant, or other licensed establishment serves alcohol to someone who is visibly intoxicated or already impaired, Texas law may hold that business financially responsible for the harm that follows. Families in this situation deserve to know every legal avenue available to them before the clock runs out.
A dram shop claim is a civil lawsuit brought against a licensed alcohol-serving establishment that over-served a customer who later caused injury or death. If the driver in this crash was served alcohol at a bar, restaurant, or similar venue before the collision, Texas law may allow the victims' family to pursue that business in civil court, separate from any criminal proceedings against the driver.
Yes. A criminal sentence addresses the state's case against the individual driver and does not bar a separate civil lawsuit. The surviving family member may still pursue wrongful death and personal injury claims against the driver and, where evidence supports it, against any establishment that contributed to his intoxication.
Texas generally imposes a two-year statute of limitations on personal injury and wrongful death claims. For an incident that occurred in January 2025, that window is limited. Waiting too long can permanently forfeit the right to recover, so consulting with an attorney as soon as possible is important.
Under Texas law, eligible family members may seek compensation for medical expenses, funeral and burial costs, lost financial support, loss of companionship, and mental anguish, among other damages. The specific damages available depend on the circumstances of each case. HurtMatch is a referral service and cannot predict outcomes.
No. HurtMatch is a legal referral service, not a law firm, and does not provide legal representation or legal advice. We connect you with licensed Texas attorneys who handle cases like this one. Any attorney-client relationship is formed directly between you and the attorney you choose to work with.