New Braunfels DWI Accident: Can You Recover Compensation From a Drunk Driver in Texas?

New Braunfels is a fast-growing Texas city, but this growth has also led to an alarming increase in impaired driving incidents. The city had 817 DWI arrests in 2025, which was a 20% increase from the previous year. When an impaired driver crashes into another vehicle, or a pedestrian or bicyclist, the consequences can be catastrophic for the accident victims. Where do you turn if you are seriously injured by a drunk driver?

The New Braunfels car accident attorneys at Carabin Shaw believe drunk drivers should be held accountable for their actions and victims should receive justice and compensation for their injuries. We offer free consultations to accident victims, and you pay nothing unless we win your case. Our compassionate team of English- and Spanish-speaking professionals is available 24/7 at 1-800-862-1260, or you can contact us online.

Yes, victims of DWI accidents can sue the driver responsible for their injuries. While the criminal justice system punishes drunk drivers for their actions, victims can pursue compensation through a civil lawsuit. A New Braunfels DWI accident lawyer can help you file a personal injury claim against the driver’s insurance company.

Seeking compensation from a drunk driver is much easier than seeking a conviction. A civil lawsuit only requires your attorney to prove your case with a 51% certainty, known as a preponderance of the evidence. A criminal case requires proof beyond a reasonable doubt, which is the highest standard.

If the driver enters a guilty plea or is convicted, you can introduce the conviction into your civil proceeding under the Texas Rules of Evidence. Even if the driver avoids a criminal conviction, you can still hold them liable for your injuries and related losses.

Under Texas law, any personal injury case allows an accident victim to seek compensatory damages, which aim to repay victims for the specific harms they suffered in the crash.

Compensatory damages include:

• Economic Damages for Financial Losses

Economic damages are expenses with a specific dollar amount that your local lawyer can document through receipts, bills, and other records. These damages might include:

• Past and future medical bills
• Lost wages while recovering from your injuries
• Loss of earning capacity if you can’t return to your job
• Property damage if your vehicle was damaged in the crash
• Non-Economic Damages for Intangible Harms

Non-economic damages reimburse you for the intangible losses you suffered in the accident, such as:

• Pain and suffering
• Emotional and mental anguish
• Loss of consortium
• Loss of enjoyment of life

These losses entail your physical pain, psychological stress, inability to participate in activities, and damage to your relationships. They can’t be calculated through receipts, but your attorney will determine these damages based on the severity of your injuries and their impact on your daily life.

When an accident involves a DWI, victims can seek exemplary, or punitive, damages in addition to compensatory damages. This compensation is available when harm resulted from gross negligence. Driving while heavily intoxicated meets the gross negligence definition. Exemplary damages can double or triple your financial recovery if you suffered severe injuries in the crash.

Your New Braunfels drunk driving accident lawyer can also consider additional sources of compensation. One of the most common is a dram shop claim, which is filed against the bar, restaurant, or club that served alcohol to the driver when they were obviously intoxicated. A successful claim allows your legal team to access additional insurance coverage to pay for extensive medical care or a permanent disability that isn’t fully covered by the driver’s insurance policy.

A DWI accident is traumatic, painful, and tragically preventable. If you were a victim, we can help you maximize damages for your injuries. Check out our law firm’s client reviews to see how we’ve helped other victims like you. Then call us toll-free at 1-800-862-1260 or contact us online.

For more information:

• MYSA
• Texas Statutes 41
• Texas Rules of Evidence