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What Victims of Drunk Drivers Need to Know About Texas Dram Shop Laws
If you or someone you love has been injured in a crash caused by a drunk driver, the driver can be held legally responsible. However, what many victims do not realize is that Texas law also allows you to pursue claims against certain establishments for serving the driver too much alcohol. With help from experienced Midland, TX personal injury lawyers, you can better understand your options and build a strong case for recovery.
What Is Texas's Dram Shop Law?
Under the Texas Alcoholic Beverage Code § 2.02, a bar, restaurant, or other licensed provider can be liable if it serves alcohol to someone who is "obviously intoxicated" to the point of being a danger to themselves or others. This Dram Shop law establishes that the person or place serving the alcohol is indirectly responsible for your accident and resulting injuries.
This statute is designed to protect the public from the risks of over-service. For example, if a visibly drunk customer stumbles out of a bar, gets behind the wheel, and later causes a crash, the establishment could be required to pay damages to the victims. Dram Shop laws work alongside criminal statutes like Texas Penal Code § 49.04, which makes it a crime to drive while intoxicated with a blood alcohol concentration of 0.08 percent or higher. While the criminal case focuses on punishing the driver, a civil Dram Shop claim focuses on helping victims recover financially.
How Do You Prove That a Restaurant or Bar is Liable Under Dram Shop Law?
Proving a Dram Shop case is often more complex than proving the drunk driver was at fault. To succeed, you must show that the alcohol provider acted negligently under the standards set by the law. Key pieces of evidence may include:
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Eyewitness testimony that the driver was visibly drunk when served alcohol
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Surveillance video from the bar or restaurant
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Receipts showing the number of drinks purchased in a short period of time
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Expert testimony about blood alcohol levels and impairment
Can a Victim’s Family File a Dram Shop Claim if Their Loved One Was Killed by a Drunk Driver?
If evidence shows that a bar or restaurant overserved the driver, the family may hold the establishment accountable. By filing a Dram Shop claim, families not only seek justice for their own loss, but also help discourage over-service practices that put the public at risk. These cases can be difficult emotionally and legally, but they are a vital tool for accountability.
This would be in addition to filing a wrongful death claim against the driver under Texas Civil Practice and Remedies Code § 71.002.
Schedule a Free Consultation with an Austin, TX Car Accident Attorney Today
If you or your family have been impacted by a drunk driving crash, you may have the right to file a Dram Shop claim. The Midland, TX personal injury lawyers at Morales Law Office, Attorneys at Law, PLLC. are committed to standing by victims and their families. Our founding attorney is highly involved in the Austin community and previously served as an Ambassador with the Greater Austin Hispanic Chamber of Commerce.
Backed by more than 25 years of experience practicing personal injury law, our team is prepared to guide you through the legal process with dedication and compassion. Call us today at 512-474-2222 to schedule a free consultation and let us review your case. Hablamos Español.
