ALCOHOL LIABILITY
Houston Dram Shop Lawyer
If you were injured by a drunk driver, you may be facing significant costs for injuries and damages. What many people don’t realize is that you may be able to seek compensation from the business that overserved the person who caused your car accident. This is called Dram Shop Law and our personal injury attorneys are here to help you determine when and how to file a lawsuit against at-fault businesses for your drunk driving accident.
TEXAS LAW
What is Texas Dram Shop Law?
Texas Dram Shop Law allows individuals injured by an intoxicated person to seek compensation from the establishment that served them alcohol. Under the Texas Alcoholic Beverage Code, a bar, restaurant, or other business that sells alcoholic beverages can be held liable if they serve alcohol to a person who was obviously intoxicated to the extent that they presented a clear danger to themselves and others.
If the intoxicated person then causes a DWI accident that injures you, the establishment may share liability for your damages. This means you could potentially recover compensation from both the drunk driver and the business that overserved them.
In a Dram Shop case, you may be able to recover damages including:
- Current and future medical expenses
- Lost wages
- Lost earning capacity
- Vehicle repairs
- Pain and suffering
- Mental anguish
Understanding your rights under Texas Dram Shop Law is critical to maximizing the compensation you can receive for your injuries.
YOUR CASE
How Your Personal Injury Attorney Helps You Fight Dram Shop Cases
Filing a Dram Shop claim requires a thorough investigation into the circumstances of your accident. Your personal injury attorney will work to gather the evidence needed to prove that the establishment sold alcohol to a person who was obviously intoxicated at the time of service.
This process involves collecting critical evidence such as bar receipts, credit card statements, surveillance footage from the establishment, witness testimony from other patrons and staff, and expert testimony on intoxication levels. Your attorney will also work to establish the timeline of events leading up to the accident to demonstrate the connection between the overservice of alcohol and your injuries.
Proving a Dram Shop case can be complex because it requires showing that the establishment knew or should have known that the patron was visibly intoxicated when they continued to serve them. An experienced attorney understands what evidence is most persuasive and how to build a strong case on your behalf.
If you believe a bar or restaurant may share responsibility for your drunk driving accident, contact Maida Law Firm today for a free case evaluation.
COMMON QUESTIONS
Texas Dram Shop Law FAQs
The Texas Dram Shop Act is a law that holds bars, restaurants, and other alcohol-serving establishments liable when they serve alcohol to a person who is obviously intoxicated and that person then causes an accident that injures someone else.
To prove a Dram Shop case, you must show that the establishment served alcohol to a customer who was obviously intoxicated to the extent that they presented a clear danger to themselves or others. Evidence may include bar receipts, surveillance footage, witness testimony, and server statements.
Yes, if the bar or establishment overserved the driver to the point of obvious intoxication. Under Texas Dram Shop Laws, the establishment can be held liable for your injuries and damages. This provides an additional source of compensation beyond the drunk driver.
Texas has a limited social host liability law. A private host can be held liable if they provide alcohol to a minor (under 18) who then causes an accident. However, social hosts generally are not liable for serving alcohol to adults who then cause accidents.
In a Dram Shop case, you may recover compensation for medical expenses, lost wages, pain and suffering, property damage, and loss of earning capacity. Because overserving a visibly intoxicated person is considered negligent, punitive damages may also be available.
Injured by an Overserved Driver?
Our experienced Houston personal injury attorneys are ready to fight for the compensation you deserve. Call us today at (713) 785-9484 for a free case evaluation.