Were You Injured by a Drunk Driver in Waller or Tomball?

Injured by a Drunk Driver? Know Your Rights Under Texas Dram Shop Law Holding Bars Liable for Accidents

Throughout Harris County, TX A drunk driving accident is a life-altering tragedy. It is senseless violence that takes over and robs its victims of any feeling of safety or security. But while a drunk driver is clearly at fault for causing a collision, they are not always the only party who can be held responsible for the injuries and damages sustained.

 In Texas, a victim of a drunk driver can hold bars, restaurants, and other businesses that served the driver alcohol liable under a powerful statute called the Texas Dram Shop Act. If you or a loved one have been injured by a drunk driver in Waller, Tomball, or anywhere in Harris County, TX, it’s important to understand this law and your rights so you can pursue all of the compensation you are entitled to from all of the parties who are responsible.

What Is the Texas Dram Shop Act?

The phrase “dram shop” is a historical term for a tavern or a bar. In Texas, today, the Texas Dram Shop Act permits an individual who is injured by a drunk driver to file a lawsuit against the business who provided the alcohol.

To prevail on a dram shop claim, you must establish that the following elements existed at the time that the alcohol was served to the driver:

 Obvious intoxication: 

It was apparent to the provider of alcohol that the person was obviously intoxicated to the extent that they presented a clear danger to themselves and others.

Causation: 

The person’s intoxication due to the consumption of the alcohol served at the business was a cause of the victim’s injuries or damages. The purpose of the law is to impose a legal duty upon a business that is licensed to provide alcohol to end service to a visibly drunk patron. If they negligently continue to serve alcohol to a visibly intoxicated person who then leaves and causes an accident, the business can be held liable.

Proving a Dram Shop Claim

A dram shop claim can be difficult to prove, as you have the burden of putting together evidence to demonstrate the negligence of the business. That’s why having a skilled personal injury attorney on your side is so important.

There are a few types of evidence that can help to prove a dram shop claim, including:

Eyewitnesses: 

This could be other customers, employees, or even witnesses who observed the driver at the establishment and saw signs of their intoxication. Surveillance video: Many bars and restaurants have cameras and the video can be used to show the driver staggering, slurring their speech, stumbling, or even verbally or physically abusive.

Receipts and credit card records:

Receipts can be used to show how many drinks were served to the driver and the time period that service took place. Police report and BAC test: Evidence from the crash site can be used to demonstrate the driver’s intoxication. Texas dram shop law also gives bars a “safe harbor” defense against liability if they can show that the bar employees attended an alcohol service training course through a state-approved organization, and that the bar did not encourage illegal alcohol service. However, this is one reason why a complete investigation of the claim is so important.

Potential Damages 

A dram shop claim can be an important source of financial compensation that can be critical for a plaintiff if the drunk driver responsible for the accident does not have insurance or money to pay damages.

In a successful dram shop claim, you may be able to recover for the following: 

Medical expenses (past and future)

Lost wages and lost earning capacity

Pain and suffering

Wrongful death damages, in the event of a loved one’s death

Statute of Limitations: 

The Deadline for Filing a Claim In Texas, like in most other personal injury lawsuits, you generally have two years from the date of the accident to file a dram shop claim. That means that you need to be mindful of the deadline, or risk losing your chance at seeking the compensation and justice you deserve. Evidence can also disappear quickly, making it even more important to act fast.

If you or a family member has been impacted by a drunk driver in Waller, Tomball, or anywhere in Harris County, don't face the consequences alone. The legal team at the Law Office of Shaw Clifford has extensive experience handling Texas dram shop claims and is dedicated to holding negligent parties accountable. Contact us today for a free consultation to discuss your case and understand your options for seeking justice.