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Texas football season brings packed stadiums, crowded sports bars, watch parties, and hours of tailgating before kickoff. In Austin, University of Texas home games can transform entire neighborhoods around the stadium into game-day celebrations.
Unfortunately, the combination of football and alcohol can also create dangerous conditions on the road after the final whistle. The Texas Department of Public Safety (DPS) issued a reminder as the 2026 college football season began, urging fans attending tailgates, watch parties, and games to arrange a sober ride before drinking.
When an impaired driver causes a crash, the injured person may have a personal injury claim against the driver. In some situations, however, determining responsibility requires looking beyond the driver.
Why Football Game Days Create Drunk Driving Risks
Drinking can start hours before a football game and continue well after it ends. Fans may move between tailgates, stadiums, restaurants, bars, and post-game celebrations before eventually heading home.
DPS recommends choosing a designated driver in advance or using a rideshare service, taxi, or public transportation when drinking is part of the game-day plan.
The availability of those options can make drunk-driving crashes particularly frustrating. A collision caused by an impaired driver is not an unavoidable consequence of football season. It is often the result of a preventable decision to drive after drinking.
Who Is Liable After a Texas Drunk Driving Accident?
The intoxicated driver is often the primary party responsible when impairment contributes to a collision.
Evidence of intoxication may include:
- Breath or blood alcohol test results.
- Police reports and arrest records.
- Officer body camera or dashcam footage.
- Witness statements.
- Receipts from bars or restaurants.
- Surveillance footage.
- Photos, videos, or social media posts from a tailgate or other gathering.
A driving while intoxicated (DWI) arrest can provide important evidence, but an accident victim does not necessarily have to wait for the criminal case to end before pursuing a civil injury claim.
The two cases serve different purposes. A criminal prosecution determines whether the driver committed an offense. A personal injury claim focuses on responsibility for the victim’s injuries and losses.
Can a Bar or Restaurant Also Be Responsible?
Sometimes.
Texas has a dram shop law that can allow an injured person to pursue a claim against a provider that sold or served alcohol when specific requirements are met.
Generally, liability may arise when it was apparent to the provider at the time alcohol was served that the person was obviously intoxicated to the extent that they presented a clear danger to themselves and others. That intoxication was a proximate cause of the resulting damages.
That is a fact-specific standard. Simply proving that someone drank at a particular bar before causing a crash does not automatically make the business liable.
Evidence such as receipts, credit card records, surveillance footage, witness accounts, and testimony about the driver’s behavior at the establishment may become important when investigating a potential dram shop claim.
Rideshares Can Help Fans Avoid Driving Impaired
Services such as Uber and Lyft have given football fans another alternative to getting behind the wheel after drinking. That can be especially valuable on game days when parking is limited, and celebrations extend beyond the stadium.
Rideshares can also introduce different insurance questions if a collision occurs while someone is being transported. Texas requires rideshare companies to maintain certain insurance coverage when their drivers are working through the platform.
If an impaired driver crashes into a rideshare vehicle carrying passengers, multiple insurance policies may potentially become relevant. Determining what coverage applies can depend on the circumstances of the collision and the driver’s status within the rideshare app at the time.
Serious Injuries Can Require Looking Beyond the Driver’s Insurance
Texas requires drivers to carry minimum liability insurance, but those minimum limits may be inadequate after a catastrophic drunk-driving collision. Victims may face surgery, hospitalization, lost income, rehabilitation, permanent impairment, and substantial pain and suffering.
A thorough investigation can help identify all potentially responsible parties and available insurance coverage rather than assuming the impaired driver’s policy is the only possible source of recovery.
Enjoy the Game. Have a Plan for Getting Home.
Glen Larson Law Injury Attorneys is proud to sponsor three University of Texas home-game tailgate parties this football season. We understand why football Saturdays are such a big part of life in Austin, and we also know that celebrating responsibly includes planning how everyone will get home.
When someone ignores that responsibility and causes a serious crash, injured victims deserve answers.
If you or someone you love was injured by an impaired driver in Austin or elsewhere in Texas, call Glen Larson Law Injury Attorneys at (512) 883-0277 or contact us online for a free consultation. Our team can investigate the crash, identify potential sources of compensation, and fight to hold those responsible accountable.
