Can a Defendant’s Criminal History Be Used in a Texas Wrongful Death Case?
Yes. When someone kills another person while intoxicated, their criminal history can be powerful evidence in a civil wrongful death lawsuit. A prior DWI conviction, a pattern of reckless behavior, or even the criminal charges from the fatal crash itself can help prove negligence, establish liability, and significantly increase the compensation a jury awards.
In Texas, civil and criminal cases operate on separate tracks with different standards of proof. But they often overlap in meaningful ways. A criminal conviction for intoxication manslaughter doesn’t just send someone to prison. The civil case can help a grieving family hold that person financially accountable for destroying their loved one’s life.
Understanding criminal history in a wrongful death case can be critical to holding negligent individuals and businesses accountable.
How a Criminal Conviction Proves Negligence in Civil Court
To win a wrongful death lawsuit in Texas, you must prove the defendant acted negligently. Negligence means the person failed to act with reasonable care, and that failure caused someone’s death.
When the defendant has already been convicted of a crime related to the death, proving negligence becomes much easier. Texas recognizes a legal doctrine called “negligence per se.” Under this rule, if someone violates a statute designed to protect public safety, and that violation causes harm, the person is automatically considered negligent.
Driving while intoxicated violates Texas Penal Code § 49.04. This law exists specifically to protect the public from impaired drivers. So when a drunk driver kills someone and is convicted of intoxication manslaughter under Texas Penal Code § 49.08, that conviction is on way to establish negligence in the civil case.
Even without a conviction, criminal charges and evidence from the criminal case can be used in civil proceedings. Blood alcohol test results, witness statements, accident reconstruction reports, and police body camera footage all become available to wrongful death attorneys through discovery.
What Is Negligent Entrustment Under Texas Law?
Negligent entrustment is a legal theory that holds people liable when they give a dangerous instrument to someone they know (or should know) is likely to cause harm. In intoxication death cases, this doctrine often expands liability beyond just the drunk driver.
Under Texas law, negligent entrustment requires proving four elements: the owner entrusted the vehicle to someone, that person was an incompetent or reckless driver, the owner knew or should have known about the risk, and the driver’s negligence caused the death.
Criminal history becomes critical here. If an employer lets an employee drive a company vehicle despite knowing that employee has two prior DWI convictions, the employer can be held liable for negligent entrustment. The employee’s criminal record is direct evidence that the employer knew (or should have known) about the risk.
Other parties who may face negligent entrustment claims include car rental companies that rent to people with suspended licenses, parents who let children with DWI histories borrow their vehicles, and friends who hand their keys to someone they know is intoxicated.
Does a More Egregious Case Mean Higher Compensation?
Generally, yes. Texas juries can award significantly higher damages when the defendant’s conduct was especially reckless or reprehensible. This is where criminal history and the circumstances of the crash directly impact the value of a wrongful death case.
Texas Civil Practice and Remedies Code § 41.003 allows juries to award punitive damages (also called exemplary damages) when the defendant acted with gross negligence, malice, or fraud. Punitive damages aren’t meant to compensate the family. They’re meant to punish the defendant and deter similar conduct.
For most civil cases, Texas caps punitive damages at the greater of $200,000 or twice the economic damages plus up to $750,000 in non-economic damages. But here’s what many people don’t realize: Texas Civil Practice and Remedies Code § 41.008(c) removes the cap entirely for cases involving felonies, including intoxication manslaughter.
This means when a drunk driver kills someone and faces felony charges, there is no statutory limit on punitive damages. A jury can award whatever amount they believe is appropriate to punish the defendant and send a message.
Several factors make juries more likely to award substantial punitive damages. Prior DWI convictions show the defendant knew the risks and chose to drive drunk anyway. An extremely high blood alcohol concentration (0.15 or above) demonstrates severe impairment and reckless disregard for others.
Fleeing the scene, tampering with evidence, or showing no remorse also inflames juries. Speed, running red lights, or other aggravating factors compound the perception of recklessness.
A first-time DWI offender with a 0.09 BAC who causes a fatal accident is tragic. But a repeat offender with a 0.22 BAC who was speeding through a school zone? Those facts resonate differently with a jury.
What Juries Consider in Intoxication Death Cases
Juries in wrongful death cases aren’t just calculating damages on a spreadsheet. They’re human beings reacting to human tragedy. The egregiousness of the defendant’s conduct profoundly shapes their response.
When jurors learn that a defendant had prior DWI convictions, several things happen psychologically. They lose sympathy for the “it was just a mistake” defense. They see a pattern of choices, not a single lapse in judgment. They often feel anger that the legal system’s prior interventions didn’t prevent this death. And they frequently want to send a message through their verdict.
Texas juries have returned substantial verdicts in intoxication death cases. While we cannot guarantee any outcome, published verdicts show that cases involving repeat offenders, commercial vehicle drivers, or defendants who fled the scene routinely result in multi-million dollar awards.
Jurors also pay attention to the defendant’s conduct after the crash. Did they try to help the victim? Did they express genuine remorse? Or did they hide, lie, or show indifference? Post-crash behavior doesn’t change what happened, but it shapes how a jury perceives the defendant’s character.
The victim’s story matters too. Juries award damages based partly on who was lost. A young parent with children, a family’s primary breadwinner, a beloved community member. These details humanize the loss and help jurors understand what was taken from the family.
Dram Shop Liability: Holding Bars and Restaurants Accountable
Texas has a “dram shop” law under Texas Alcoholic Beverage Code § 2.02 that allows victims’ families to sue bars, restaurants, and other alcohol providers in certain circumstances.
A dram shop claim requires proving the establishment served alcohol to someone who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.” This is a high bar.
Simply serving someone who later turns out to be legally drunk isn’t enough. The intoxication must have been obvious to the server.
Criminal history can support dram shop claims indirectly. If the defendant was a regular at the bar and had previously been visibly intoxicated there, that pattern helps establish the bar knew (or should have known) about the risk. If the defendant was already on probation for DWI and the bar’s staff knew it, that strengthens the case further.
Dram shop claims are valuable because they add a solvent defendant to the case. Individual drunk drivers often have limited insurance and personal assets. Bars and restaurants typically carry significant liability insurance. Pursuing both the driver and the establishment maximizes the family’s potential recovery.
Types of Damages Available in Texas Wrongful Death Cases
Texas wrongful death lawsuits can recover three categories of damages: economic, non-economic, and punitive.
Economic damages compensate for measurable financial losses. These include the deceased person’s lost earning capacity (what they would have earned over their lifetime), medical expenses incurred before death, funeral and burial costs, and the value of services the deceased would have provided to the family.
Non-economic damages address losses that don’t have a price tag but are equally real. Loss of companionship, love, comfort, and emotional support all fall into this category. Mental anguish, pain and suffering (both the victim’s before death and the family’s after), and loss of inheritance rights are also compensable.
Punitive damages, as discussed above, punish especially egregious conduct. In intoxication death cases involving felonies, there is no cap. Juries have wide discretion to award amounts they believe will adequately punish the defendant and deter others.
The Relationship Between Criminal and Civil Cases
Criminal and civil cases arising from the same death proceed independently, but they influence each other in practical ways.
The criminal case typically moves first. Prosecutors charge the defendant, gather evidence, and either negotiate a plea or go to trial. A conviction, especially one that results from a guilty plea, creates powerful evidence for the civil case. The defendant essentially admitted to the conduct that killed the victim.
Even an acquittal in criminal court doesn’t prevent a civil lawsuit. The burden of proof differs. Criminal cases require proof “beyond a reasonable doubt.” Civil cases only require a “preponderance of the evidence,” meaning more likely than not. O.J. Simpson was acquitted of murder but found liable for wrongful death. The same can happen in intoxication cases.
Evidence gathered during the criminal investigation becomes available to wrongful death attorneys. This includes toxicology reports, accident reconstruction analysis, witness statements, surveillance footage, and the defendant’s own statements to police. Criminal defense attorneys often advise their clients not to speak, but statements made before that advice frequently exist and can be devastating in civil court.
What to Do If You Lost a Loved One to a Drunk Driver
If someone you love was killed by an intoxicated driver, you have legal options. Texas law gives surviving family members the right to pursue a wrongful death claim within two years of the death under Texas Civil Practice and Remedies Code § 16.003.
Acting quickly preserves evidence. Surveillance footage gets deleted. Witnesses’ memories fade. Physical evidence from the crash scene disappears. The sooner you contact an attorney, the better your chances of building the strongest possible case.
You should also stay informed about the criminal case. Attend hearings when possible. Work with the prosecutor’s victim assistance coordinator. The criminal proceedings will generate evidence and potentially a conviction that strengthens your civil claim.
Document everything. Keep records of all expenses related to the death. Save communications. Write down your memories and the impact on your family. This information helps your attorney calculate damages and tell your loved one’s story to a jury.
Frequently Asked Questions
Can I sue even if the drunk driver wasn’t convicted?
Yes. Civil and criminal cases have different standards of proof. You can pursue a wrongful death lawsuit regardless of whether criminal charges were filed, dismissed, or resulted in acquittal. The evidence from the criminal investigation remains available for your civil case.
How long do I have to file a wrongful death lawsuit in Texas?
Texas has a two-year statute of limitations for wrongful death claims. The clock typically starts on the date of death. Missing this deadline usually means losing your right to sue, so consulting an attorney promptly is essential.
Who can file a wrongful death lawsuit in Texas?
Texas law limits who can file wrongful death claims to the surviving spouse, children, and parents of the deceased. If these family members don’t file within three months, the deceased’s estate representative can file on their behalf unless the family members object.
Will the defendant’s insurance cover a wrongful death judgment?
It depends on their coverage. Texas only requires drivers to carry $30,000 in liability coverage per person. Many drunk drivers have minimal insurance. This is why identifying additional defendants (employers, bars, vehicle owners) becomes important. An experienced attorney will investigate all potential sources of recovery.
What if the drunk driver dies in the crash too?
You can still pursue a wrongful death claim against the deceased driver’s estate. Their insurance policies and personal assets may be available to compensate your family.
Get Help From Texas Attorneys Who Understand Both Sides
Losing someone to a drunk driver is devastating. The criminal justice system may or may not deliver the accountability you’re seeking. A civil wrongful death lawsuit gives you another path to justice, one where you control the process and where financial consequences can be significant.
At Varghese Summersett, we’ve seen how criminal history transforms these cases. A defendant’s prior DWIs, their conduct at the scene, their blood alcohol level. These factors don’t just affect the criminal charges. They dramatically impact what a civil jury will award.
If you’ve lost a family member to an intoxicated driver in Texas, we want to help you understand your options. Contact Varghese Summersett today at (817) 203-2220 for a free consultation. We’ll review your case, explain what compensation may be available, and help you decide the best path forward.