Few traffic accidents are more devastating than those involving a drunk driver and a motorcyclist. With little to protect them, motorcyclists are incredibly vulnerable in any crash, but when alcohol or drugs are involved, the consequences are often catastrophic or fatal. These crashes don’t just leave physical scars, they cause financial devastation, emotional trauma, and long-term challenges that change lives forever.
At The Stewart Law Firm, we’ve seen firsthand the heartbreak these accidents cause. Led by experienced personal injury attorney Stephen Stewart, our firm is committed to helping victims and their families pursue the justice and compensation they deserve.
If you or a loved one has been injured, or worse, lost, in a Texas motorcycle accident caused by a drunk driver, this blog will discuss the legal consequences for the driver, your rights as a victim, and the steps we can take to hold distracted drunk drivers accountable.
What Is Legally Considered Drunk Driving?
Texas takes drunk driving extremely seriously, and for good reason. Intoxicated drivers are a leading cause of fatal motorcycle accidents in the state.
Under Texas Penal Code § 49.04, a driver is considered legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher. However, drivers can still be charged with DWI if alcohol or drugs impair their ability to operate a vehicle, even if their BAC is below the legal limit.
For drivers under 21, Texas enforces a zero-tolerance policy, meaning any detectable amount of alcohol in their system can result in criminal charges
Criminal Penalties for Drunk Drivers in Texas
Drunk drivers fact harsh penalties under Texas law, particularly if their actions result in injury or death:
- First Offense: Up to $2,000 fine, license suspension up to 1 year, and 72 hours to 6 months in jail.
- Second Offense: Up to $4,000 fine, suspension up to 2 years, and 30 days to 1 year in jail.
- Third or Subsequent Offense: Up to $10,000 fine, 2-year license suspension, mandatory ignition interlock, and up to 10 years in prison.
While these penalties aim to deter future drunk driving, they don’t help the victim recover financially or emotionally. That’s where a civil lawsuit becomes essential.
Compensation Available to Motorcycle Accident Victims
Motorcycle accident victims injured by drunk drivers have the legal right to seek compensation through a personal injury lawsuit. In the most tragic cases, surviving family members can file a wrongful death claim.
Types of Compensation You May Be Entitled To
Victims may be eligible for both economic and non-economic damages:
- Economic Damages:
- Medical expenses: Emergency treatment, surgeries, rehabilitation, medications, and future care costs.
- Lost income: Wages lost during recovery and reduced future earning capacity.
- Property damage: Repairs or replacement of the motorcycle and damaged gear.
- Non-Economic Damages:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
In the event of a fatal crash, wrongful death damages under Texas Civil Practice and Remedies Code § 71.002 may include:
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and guidance
- Emotional suffering of surviving family members
Punitive Damages: Holding Drunk Drivers Fully Accountable
In some cases, victims may also be entitled to punitive damages. This is a form of compensation meant to punish the drunk driver and deter future misconduct. Texas law permits punitive damages in cases where the driver’s conduct was grossly negligent, reckless, or malicious.
Under Texas Civil Practice and Remedies Code § 41.003, punitive damages require:
- Clear and convincing evidence that the driver acted with gross negligence, and
- A jury determination that punishment is warranted
Our team at The Stewart Law Firm knows how to build strong cases for punitive damages, especially when alcohol or drug use is involved.
What is the Dram Shop Act in Texas?
The Dram Shop Act in Texas allows victims to sue businesses that over-serve alcohol to intoxicated individuals who then cause harm. Under the Texas Alcoholic Beverage Code § 2.02, an establishment may be held liable if:
- It served alcohol to a visibly intoxicated person, and
- That intoxication was a proximate cause of the crash
We conduct thorough investigations into where the drunk driver consumed alcohol and whether that business failed its legal responsibilities.
Steps to Take After a Drunk Driving Motorcycle Accident
If you’re involved in a motorcycle accident caused by a drunk driver, here’s what you should do to protect your rights and claim:
- Seek immediate medical attention, even if you feel okay.
- Report the accident and ensure a police report is filed.
- Document the scene is safe. Take photos, and gather witness contact info.
- Keep all medical records and receipts.
- Do not speak with the insurance company without legal counsel.
- Contact a personal injury lawyer as soon as possible to begin building your case.
Contact Our Personal Injury Lawyers at The Stewart Law Firm Today
Motorcycle accidents involving drunk drivers are often life-changing, but they don’t have to define your future. At The Stewart Law Firm, our personal injury lawyers are committed to fighting for motorcyclists and families across Texas who’ve been harmed by drunk and reckless drivers.
Stephen Stewart and our legal team have the experience backed by a proven track record, legal knowledge, resources, and compassion to guide you through every step of the legal process.
Let us help you seek full compensation and accountability. Contact us today at (512) 326-3200 for a free, confidential consultation.
