Drunk Driving Accident Liability
If you or a loved one was seriously injured or died due to the reckless actions of a drunk driver, it can be a very stressful and emotional experience. In most cases, the drunk driver is solely responsible for the actions that led to the injury or death of an innocent person. However, in certain circumstances, other entities such as a Texas bar or liquor store, may share some of the responsibility. Here is some important information regarding drunk driving accident liability.
Drunk Driving Accident Liability | Dram Shop Claims
Texas establishments granted a liquor license must act in a responsible manner. In Texas, “dram shop” claims can be filed against sellers and servers of alcohol, including taverns and restaurants, that provide alcoholic beverages to individuals already intoxicated who pose a danger to themselves or others.
Under the Texas Alcoholic Beverage Code, anyone who provides the alcohol and over-served the drunk driver can be held partly accountable for the accident:
- In providing, selling or serving alcoholic beverages to a person when it was apparent that the person was obviously intoxicated to the extent that they presented a clear danger to himself and others
- In directly or indirectly allowing and encouraging the employees or other workers to over-serve
A dram shop claim may arise when a bar, liquor store or restaurant sells alcoholic beverages to an intoxicated person. If the intoxicated person then injures someone due to intoxication, the courts may hold the servers or sellers of the alcohol liable for injuries. The “dram shop” claim may provide lawful compensation to the victim, especially when the intoxicated driver is uninsured or underinsured.
Drunk Driving Accident Liability | Hire an Attorney
At Rush & Gransee, L.C., we have the experience to investigate and evaluate all of the possible causes of a serious car wreck involving an intoxicated driver. We have the resources to properly determine the level of intoxication of the driver, and hold the sellers/servers of alcohol responsible, if they violated their responsibility by selling/serving alcohol under the privilege of a license, to a person already intoxicated and dangerous.
There are many sources of information that allow us to recreate the circumstances of a drunk driving accident — the “where,” “how” and “why” someone became intoxicated and ultimately injured another. In prior cases, we have worked with the Texas Alcohol and Beverage Commission (TABC) to determine where and how much alcohol was consumed by a drunk driver. The TABC investigates many fatal drunk driving accidents and investigates the establishments that provided the alcohol to the intoxicated driver.
If you are seeking compensation for injuries sustained by a drunk driver, please contact our office today to schedule a free consultation.