If you were hit by a drunk driver in Fort Bend County, you have the right to pursue full compensation for your injuries, lost income, and pain and suffering — and the drunk driver’s insurance company is not on your side.
Why Drunk Driving Accident Cases in Fort Bend County Are Different
A crash caused by a drunk driver is not an ordinary accident. It is a preventable act of negligence — one that often causes catastrophic injuries and turns families’ lives upside down in an instant. These cases are different from typical car accident claims because the law allows victims to pursue not just compensation for their losses, but also punitive damages meant to punish the wrongdoer and deter others.
Varghese Summersett’s personal injury team has the experience, resources, and courtroom backbone to pursue every dollar you are owed. The firm has more than 70 team members across four Texas offices, including a Houston-area office serving Fort Bend County. Our personal injury partners have tried high-stakes cases before juries and know exactly how insurance companies build their defenses — because several of our attorneys and staff have worked on the other side.
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What Questions Do Drunk Driving Accident Victims in Fort Bend County Usually Have?
After a crash caused by an impaired driver, most people have more questions than answers. Here are the ones we hear most often.
Can I sue the drunk driver personally?
Yes. In Texas, you can file a civil lawsuit against the drunk driver for your injuries regardless of whether criminal charges are filed. A criminal conviction is strong evidence in your civil case, but it is not required to recover compensation.
Can I also sue the bar or restaurant that served the driver?
Possibly. Texas has a Dram Shop law — found at Texas Alcoholic Beverage Code § 2.02 — that allows victims to hold a licensed alcohol provider liable if the provider served an obviously intoxicated person who then caused the crash. Identifying and pursuing a dram shop claim can significantly increase the pool of insurance coverage available to you.
What if the drunk driver had no insurance or very little coverage?
Texas law requires drivers to carry minimum liability insurance, but many do not. If the at-fault driver is uninsured or underinsured, you may have a claim under your own uninsured/underinsured motorist coverage. Our team examines every available source of recovery — including dram shop claims, employer liability, and your own policy — to maximize what you receive.
Does it matter if I was partly at fault?
Under Texas’s modified comparative fault rule, you can still recover damages as long as you are not more than 50% responsible for the crash. Your recovery is reduced by your percentage of fault. For example, if you are found 10% at fault and your damages total $500,000, you would recover $450,000. This is explained further below.
The Law: What You Must Prove in a Fort Bend Drunk Driving Accident Case
Texas personal injury law requires the injured person — the plaintiff — to prove their case by a preponderance of the evidence. That means more likely true than not. The burden is on you, not the defendant.
Under Texas Civil Practice and Remedies Code § 33.001, a plaintiff who is more than 50% at fault for the crash cannot recover any damages. If the plaintiff is 50% or less at fault, recovery is reduced by their percentage of responsibility. This is called the modified comparative fault rule.
To win a drunk driving accident case, you must establish four elements:
- Duty: The driver had a legal duty to operate their vehicle safely and without impairment.
- Breach: The driver breached that duty by driving while intoxicated.
- Causation: That breach directly caused the crash that injured you.
- Damages: You suffered actual, measurable harm — physical, financial, or emotional.
The drunk driver’s blood alcohol content, the police report, toxicology results, eyewitness accounts, and any criminal charges or conviction are all powerful evidence in proving your case. Our team works with accident reconstruction experts, medical professionals, and forensic specialists to build the strongest possible record.
Punitive Damages in Drunk Driving Cases
Unlike most personal injury cases, drunk driving accident claims often support an award of punitive (exemplary) damages. Under Texas Civil Practice and Remedies Code § 41.003, a court may award punitive damages when the defendant acted with malice or gross negligence. Choosing to drive drunk generally meets that standard. Punitive damages are separate from your actual losses — they exist to punish the wrongdoer.
Types of Damages Available to Fort Bend Drunk Driving Accident Victims
Texas law divides recoverable damages into two main categories.
Economic damages are your out-of-pocket and financial losses. These include past and future medical bills, lost wages, reduced earning capacity, vehicle repair or replacement, and any other financial harm the crash caused.
Non-economic damages compensate for losses that do not come with a price tag. Pain and suffering, mental anguish, disfigurement, loss of companionship, and loss of enjoyment of life all fall here. In serious crashes — spinal cord injuries, traumatic brain injuries, catastrophic injuries — these damages can be substantial.
If the crash killed a family member, surviving spouses, children, and parents may bring a wrongful death claim under Texas Civil Practice and Remedies Code § 71.002. The firm’s page on wrongful death in Fort Bend County drunk driving cases covers that process in detail.
Statute of Limitations: Do Not Wait
Texas gives most personal injury victims two years from the date of the accident to file a lawsuit. This deadline is found at Texas Civil Practice and Remedies Code § 16.003. Missing it almost always means losing your right to recover anything.
There are very limited exceptions — for example, when the victim is a minor, or when injuries were not immediately discovered. Do not rely on these exceptions. Evidence degrades, witnesses move away, and crash scenes change. The sooner you retain legal representation, the stronger your case will be.
What Your Case May Be Worth
No attorney can promise a specific outcome. What we can tell you is that the value of a drunk driving accident case in Fort Bend County depends on several factors: the severity of your injuries, the amount of available insurance coverage (including the drunk driver’s policy, any dram shop coverage, and your own underinsured motorist coverage), your lost income, the cost of your future care, and how your injuries have changed your life.
Drunk driving cases often produce larger recoveries than ordinary crash cases for two reasons. First, the evidence of fault is usually strong — a BAC result and a criminal charge go a long way. Second, juries take these cases seriously. Insurance companies know that, and it affects how they negotiate.
Our attorneys evaluate every case honestly. If you have a strong claim, we will tell you so. If you have challenges, we will tell you those too — and explain how we would address them.
The Legal Process: What to Expect After a Drunk Driving Accident in Fort Bend County
Here is a general outline of how these cases move forward.
- Immediate steps: Seek medical care first. Get evaluated even if you feel fine — adrenaline masks injuries. Then document everything: photos, police report number, names of witnesses, and the name of the officer who responded.
- Retaining counsel: Contact a lawyer before speaking with any insurance company, including your own. Insurance adjusters are trained to collect information that limits claims. Anything you say can be used to reduce your recovery.
- Investigation: Your legal team will gather evidence — the police report, crash reconstruction, the at-fault driver’s criminal file, toxicology results, surveillance footage, and medical records.
- Demand and negotiation: Once your injuries have stabilized and your damages are known, your attorney will send a demand letter. Negotiation follows. Most cases settle before trial.
- Litigation: If the insurance company refuses to pay a fair amount, your attorney files suit in Fort Bend County District Court in Richmond. Cases are heard at the Fort Bend County Justice Center, 1422 Eugene Heimann Circle, Richmond, TX 77469.
- Trial: Varghese Summersett prepares every case as if it will go before a jury. Insurance companies know we are willing to take cases to trial — and that changes the negotiating dynamic.
Why Insurance Companies Fight Drunk Driving Accident Claims
Being hit by a drunk driver might seem like an open-and-shut case. In practice, insurance companies still fight these claims hard. They challenge the extent of your injuries, dispute future medical needs, argue pre-existing conditions, and — when there is a dram shop claim — wage battles between the driver’s insurer and the establishment’s insurer over who bears responsibility. Some adjusters make low early offers hoping victims will accept before they understand what their case is worth.
Our team knows these tactics because we have seen them from both sides.
Local Resources for Drunk Driving Accident Victims in Fort Bend County
If you or a loved one has been seriously injured in a drunk driving crash in Fort Bend County, getting to the right medical care quickly is critical — both for your health and your case.
- Memorial Hermann Sugar Land Hospital — 17500 W. Grand Parkway S., Sugar Land, TX 77479 | memorialhermann.org
- Houston Methodist Sugar Land Hospital — 16655 SW Freeway, Sugar Land, TX 77479 | houstonmethodist.org
- OakBend Medical Center – Richmond — 1705 Jackson St., Richmond, TX 77469 | oakbendmedcenter.org
- Memorial Hermann – Texas Medical Center (Level I Trauma Center) — 6411 Fannin St., Houston, TX 77030 | memorialhermann.org — for life-threatening injuries requiring the highest level of trauma care
- Fort Bend County Sheriff’s Office — 1410 Russell Palmer Rd., Katy, TX 77469 | fortbendcountytx.gov
- Sugar Land Police Department — 331 Hwy 6, Sugar Land, TX 77478 | sugarlandtx.gov
- Missouri City Police Department — 1522 Texas Pkwy, Missouri City, TX 77489 | missouricitytx.gov
- Fort Bend County Justice Center (District Courts) — 1422 Eugene Heimann Circle, Richmond, TX 77469
- Texas Department of Transportation – Crash Reports | txdot.gov
What to Expect From Varghese Summersett
When you hire Varghese Summersett, you get a team of experienced attorneys who prepare every case as if it will go to trial — because that preparation is what produces results in and out of the courtroom.
Our personal injury division is led by attorneys who have tried serious injury and wrongful death cases before juries. Partners Ty Stimpson and Damian Williams handles complex, high-stakes matters involving catastrophic injuries and wrongful death and is known as a trial-first attorney who prepares every case for a jury. The team is backed by the full resources of a firm with dozens of members across for offices.
You pay nothing unless we recover for you. That means our incentives are aligned with yours — we fight hardest when the stakes are highest.
If a loved one was killed by a drunk driver, our Fort Bend County wrongful death drunk driving page explains the additional claims available to surviving family members.
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Watch: What Damages Can I Recover in a Personal Injury Case?
Frequently Asked Questions: Drunk Driving Accidents in Fort Bend County
How long do I have to file a claim after a drunk driving accident in Texas?
Generally, two years from the date of the crash under Texas Civil Practice and Remedies Code § 16.003. Exceptions exist for minors and certain circumstances, but waiting nearly always hurts your case. Evidence disappears, and witnesses’ memories fade. Reach out as soon as possible.
What if the drunk driver was charged criminally — does that help my civil case?
Yes. A criminal conviction for DWI or intoxication assault is compelling evidence of fault in your civil case. However, you do not have to wait for the criminal case to resolve before pursuing your civil claim. The two proceedings are separate.
Can I recover damages if I was not wearing a seatbelt?
Possibly, though Texas law may reduce your recovery to account for comparative fault. Not wearing a seatbelt does not eliminate your right to recover — it may affect how damages are calculated. The drunk driver who caused the crash is still primarily responsible.
What is a dram shop claim, and does it apply to my case?
A dram shop claim holds a bar, restaurant, or other licensed alcohol provider responsible for serving an obviously intoxicated person who then injured someone. Under Texas Alcoholic Beverage Code § 2.02, these claims are available when a provider sold or served alcohol to someone who was clearly intoxicated, and that person caused the crash. These claims can open up additional insurance coverage beyond the driver’s own policy.
What does “no fee unless we win” mean?
Varghese Summersett handles personal injury cases on a contingency fee basis. You pay no attorney’s fees upfront and owe nothing unless we recover compensation for you. This allows every person injured by a drunk driver — regardless of financial situation — to have experienced legal representation fighting for them.
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Speak With a Fort Bend Drunk Driving Accident Lawyer Today
A drunk driver made a choice that changed your life. You deserve attorneys who take that seriously and fight accordingly. Varghese Summersett offers free consultations for drunk driving accident victims in Fort Bend County — and you owe nothing unless we recover compensation for you.
Reach our Fort Bend County team at (281) 805-2220, or connect through our website. We are available when you need us.