Why Drunk Driving Accidents Rise During the Holidays

The holiday season in Texas should be a time of warmth, family, and celebration. Yet, for too many families, these festive moments are shattered by the flashing lights of an ambulance and the devastating consequences of an impaired driver. Your holiday celebration, planned for weeks, can be turned into a life-altering tragedy in a single instant on a highway like I-10 or a local road in Katy. The unfortunate truth is that the period from Thanksgiving to New Year’s Day is one of the most dangerous times to be on Texas roads, precisely because of an increase in drunk driving.

The Sobering Statistics: A Look at Holiday Driving in Texas

The numbers paint a grim picture. While drunk driving is a year-round epidemic, the holiday season sees a distinct and measurable spike. The Texas Department of Transportation (TxDOT) runs annual campaigns like “Drive Sober. No Regrets.” for a reason.

• Statewide Impact: In a recent year, Texas recorded 126 deaths and 272 serious injuries in drunk driving crashes just during the holiday period from Thanksgiving to New Year’s Day.
• A Tragic Ratio: On average, about 25% of all traffic fatalities in Texas are alcohol-related. During the holiday season, that number tragically rises to 28%.
• The Lasting Streak: A powerful and somber reminder from TxDOT’s #EndTheStreakTX campaign is that November 7, 2000, was the last deathless day on Texas roadways. Every day since, someone has lost their life on a Texas road, with impaired driving being a major contributor.
• National Problem, Texas Focus: Texas consistently leads the nation in the total number of alcohol-related driving fatalities. When celebrations increase, so does this tragic statistic.

What Defines “Drunk Driving” Under Texas Law?

To understand the problem, it is important to know the legal definition. In Texas, the criminal offense is “Driving While Intoxicated,” or DWI.

• Per Se Intoxication: A person is considered legally intoxicated per se (by law) if they have a blood or breath alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, this limit is 0.04%.
• Impairment Definition: A driver can also be arrested and charged with a DWI even if their BAC is below 0.08%. Texas law defines “intoxicated” as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”
• Implied Consent: Texas has an “implied consent” law. This means that by operating a motor vehicle on a public road, you have automatically consented to a chemical test (breath or blood) if you are lawfully arrested for a DWI. Refusal to submit can lead to an automatic driver’s license suspension.

Why Do These Tragic Collisions Spike During the Festive Season?

The reasons for the holiday spike are a combination of social, cultural, and environmental factors. It is a “perfect storm” of conditions that lead to more impaired drivers on the road.

• Increased Social Gatherings: The holiday season is packed with events where alcohol is served. This includes office parties, neighborhood get-togethers, family dinners, and New Year’s Eve celebrations.
• The “Friend’s House” Factor: A TxDOT survey revealed a significant insight: a majority of Texans who admitted to driving after drinking said they had done so after being at a friend’s house. This suggests a level of comfort and a false sense of security that is different from being at a public bar.
• Higher Rates of Alcohol Consumption: From celebratory toasts to traditional holiday drinks, alcohol consumption in general increases during this period. Binge drinking, in particular, is more common at holiday parties.
• Increased Travel and Road Congestion: More people are on the road, traveling to see family or attend events. This congestion on major highways like the Grand Parkway or I-10 increases the odds of any accident, and the presence of impaired drivers makes that risk far more deadly.
• Holiday-Related Stress and Emotions: For some, the holidays are a source of stress, depression, or loneliness. This can lead to self-medicating with alcohol and making poor decisions, like getting behind the wheel.
• Late-Night Celebrations: Many holiday parties, especially on New Year’s Eve, go late into the night. This means more drivers are on the road during the most dangerous hours (between midnight and 3 a.m.) when visibility is low, drivers are fatigued, and impairment rates are highest.

Which Holidays Are Most Dangerous on Texas Roads?

While the entire period from late November to early January is high-risk, some days stand out as particularly dangerous.

• Thanksgiving Eve: Often called “Blackout Wednesday,” this is one of the biggest drinking nights of the year as college students return home and friends gather before the family holiday.
• New Year’s Eve and Day: This is statistically the most dangerous holiday for alcohol-related fatalities. Celebrations are centered around alcohol and continue past midnight, putting impaired drivers on the road at the same time as others are heading home.
• Christmas: While often seen as a family-focused holiday, the days surrounding Christmas also see an increase in parties and social drinking, leading to a higher risk of DWI crashes.
• Other “Party” Holidays: It is worth noting that other celebration-focused holidays, such as the Fourth of July, Memorial Day, and Labor Day, also see significant spikes in impaired driving collisions.

What Makes a Drunk Driving Accident Claim Different from a Standard Car Wreck Case?

If you are hit by a drunk driver, the resulting civil claim is fundamentally different from a standard collision caused by simple distracted driving.

Parallel Criminal and Civil Cases: There are two separate cases that happen at the same time:

• The Criminal Case: The State of Texas (prosecutor) versus the drunk driver. The goal is to punish the driver with fines, license suspension, and potential jail time.
• The Civil Case: The victim (you) versus the drunk driver (and other liable parties). The goal is to recover financial compensation for your injuries, property damage, and other losses.

The Power of a Guilty Plea: The outcome of the criminal case can be powerful evidence in your civil claim. If the driver pleads guilty to DWI, it becomes very difficult for them to deny liability for the collision in your civil lawsuit.

The Potential for Exemplary (Punitive) Damages: In a typical car accident claim, you can only sue for compensatory damages (like medical bills and pain and suffering). In a drunk driving case, Texas law allows victims to pursue exemplary damages (also known as punitive damages). These are designed to punish the drunk driver for their gross negligence and to deter similar conduct in the future. This can substantially increase the value of a claim.

Who Can Be Held Liable for a Drunk Driving Accident in Texas?

A common mistake is assuming the intoxicated driver is the only party who can be held responsible. In Texas, the law may allow you to seek compensation from other parties who contributed to the driver’s intoxication.

The Intoxicated Driver: This is the most obvious liable party. Their auto insurance is the primary source of recovery, but their personal assets may also be at stake, especially if exemplary damages are awarded.

Commercial Establishments (Texas Dram Shop Act): This is a very important area of Texas law. The Texas Dram Shop Act (found in the Texas Alcoholic Beverage Code) allows a victim to hold an alcohol provider liable if:

• The provider (a bar, restaurant, or store with a liquor license) sold or served alcohol to the driver; and
• At the time they were served, it was “apparent to the provider” that the person was “obviously intoxicated to the extent that he presented a clear danger to himself and others.”
• The intoxication of that person was a “proximate cause” of the damages suffered.

Social Hosts (A Key Distinction): What about the office party or the friend’s house? Texas law is different for “social hosts” (private individuals not selling alcohol).

• Serving Adults: Generally, a social host is not liable for injuries caused by an adult guest they served, even if that guest was obviously intoxicated.
• Serving Minors: There is a major exception. A social host can be held liable if they are 21 years of age or older and they knowingly serve alcohol to a minor (under 18), or knowingly allow a minor to be served on their property, and that minor’s intoxication causes a crash.

What Types of Compensation Can Victims Pursue?

The goal of a civil claim is to make the victim “whole” again, though no amount of money can undo the trauma. The compensation, or “damages,” is intended to cover every loss you have suffered.

Economic Damages (Compensatory):

• Medical Expenses: All costs from the moment of the crash, including ambulance rides, emergency room care, hospital stays, surgeries, physical therapy, and any future medical care.
• Lost Wages: Income lost from being unable to work during recovery.
• Loss of Earning Capacity: If the injury is permanent and prevents you from returning to your previous job or working at all.
• Property Damage: The cost to repair or replace your vehicle and any other property destroyed.

Non-Economic Damages (Compensatory):

• Pain and Suffering: Compensation for the physical pain and emotional distress of the injury.
• Mental Anguish: For the fear, anxiety, depression, and trauma resulting from the collision.

Exemplary (Punitive) Damages:

• As mentioned, these damages are intended to punish the drunk driver for their gross negligence. This is a key element in drunk driving cases that is not available in most other personal injury claims.

What Immediate Steps Should You Take After a Collision with a Suspected Drunk Driver?

Your actions in the minutes and hours after the crash can have a significant impact on your health and your future legal claim.

• Call 911 Immediately: Report the accident and inform the dispatcher that you suspect the other driver is intoxicated. This is the most important step.
• Move to Safety (If Possible): If your car is operational, move it to the side of the road to avoid being hit again. If you cannot move the car, turn on your hazard lights.
• Do Not Confront the Driver: Impaired individuals can be unpredictable and aggressive. Stay in your vehicle if it is safe, or keep a safe distance. Let the police handle the interaction.
• Observe and Document: While waiting for help, try to observe the other driver’s behavior. Are they stumbling? Slurring their words? Trying to hide containers? Note your observations and any statements they make.
• Get Witness Information: If other people stopped, get their names and phone numbers. Their independent testimony can be invaluable.
• Take Photos and Videos: Safely document the accident scene, the damage to both vehicles, the license plates, and any visible evidence of alcohol (like open containers).
• Seek Medical Attention: Even if you feel fine, you must get a medical evaluation. Adrenaline can mask serious injuries. This also creates a medical record linking your injuries to the crash.
• Do Not Give a Recorded Statement: The other driver’s insurance company will call you. Do not provide a recorded statement or accept a quick settlement offer. Politely decline and state that you will be speaking with an attorney.
• Preserve Evidence: Do not repair your vehicle until your attorney has had a chance to have it inspected and the evidence documented.

How a Knowledgeable Drunk Driving Accident Attorney Can Help

Navigating the aftermath of a DWI crash alone is overwhelming. The at-fault driver’s insurance company has a team of adjusters and lawyers working to minimize their payout. A trial attorney dedicated to these cases works to level the playing field.

A knowledgeable attorney will:

• Act Immediately: Send spoliation letters to the at-fault driver, their insurance, and any potential dram shop defendants to preserve critical evidence like video footage, receipts, and driver records.
• Manage All Communications: Handle all contact with insurance companies so you can focus on your recovery.
• Conduct a Thorough Investigation: Obtain the police report, toxicology results, witness statements, and 911 call logs.
• Identify All Liable Parties: Investigate whether a bar, restaurant, or other provider has liability under the Texas Dram Shop Act.
• Build Your Damages Case: Work with your doctors, medical experts, and financial planners to calculate the full, long-term cost of your injuries, not just your current bills.
• Navigate the Legal Process: File all necessary legal documents, handle negotiations, and, if necessary, present your case to a jury in Harris or Fort Bend County.

Contact Our Katy, TX Truck Accident Law Firm Today

You should not have to bear the financial, physical, and emotional burden of a drunk driver’s reckless decision. The holiday season is a time for family, and when that peace is broken by negligence, you deserve a dedicated advocate to fight for you. The Will Adams Law Firm is prepared to take immediate action to protect your rights and secure the evidence needed to build a strong case.

If you or a loved one has been injured in a collision caused by an impaired driver, contact us today at (281) 371-6345 for a free and confidential consultation. We are here to listen to your story and explain your legal options.