Football Season, Tailgates, and DWIs: Houston's Fall Traffic Reality

Fall in Houston means Texans home games, college weekends, and tailgates that start hours before kickoff. It also means heavier post-game traffic and more impaired drivers heading home. A little planning keeps a good day from turning into a bad night.

Plan the ride before the first drink

The simplest safety move is deciding how you are getting home before you start drinking, not after. Line up a designated driver, a rideshare, or a plan to stay put until you are clear.

Rideshare apps get busy and prices climb right after a game. If you are heading downtown or to NRG, expect a wait and build it into your plan. Waiting 30 minutes for a ride is a small price compared to the alternative.

If you are hit by a drunk driver

If an impaired driver hits you, your first job is safety and documentation. Call 911 so police and medical help are on the way and there is an official report.

Do not confront the other driver. Let officers handle any suspicion of intoxication, since a police DWI investigation and any resulting charge can become important evidence in your injury claim later.

Get photos of the scene, the vehicles, and your injuries if you can. Collect names and numbers of any witnesses. Then get checked by a doctor, even if you feel fine, because adrenaline can mask injuries for a day or two.

Two separate cases, one crash

When a drunk driver hurts you, there are usually two tracks. One is the criminal case the State brings against the driver. The other is your civil injury claim, which is how you recover for medical bills, lost wages, and other losses.

They are separate. The driver can be prosecuted and you can still bring your own claim. A criminal conviction can also help support your injury case.

Can you sue the bar that overserved the driver?

Sometimes, yes. Texas has what is called a dram shop law. In plain English, it can hold a bar or seller responsible if it served alcohol to someone who was obviously intoxicated and that person then caused injury.

The key word is "obviously." The law is not about someone having a couple of beers. It is about a business continuing to serve a person who was clearly drunk, and then that person getting behind the wheel and hurting someone.

These cases require real proof, like server testimony, receipts, and video showing how much the person was served and their condition at the time. That evidence disappears fast, which is one reason it helps to talk to a lawyer early.

Why this matters in fall

Game days concentrate drinking and driving into the same windows and the same routes. More impaired drivers plus congestion plus night driving is a rough combination. Knowing your options ahead of time means you are not scrambling if something happens.

The takeaway

Enjoy the season, plan your ride, and keep your phone charged for photos and calls just in case. If a drunk driver hits you, you may have a claim against the driver, and in some cases against a bar that overserved them.

The Texas Law Gals can look at what happened and tell you honestly where you stand. Call us at 832-300-0180 for a free consultation. We work on contingency, so there is no fee unless we win.