Under Texas dram shop laws, businesses that sell alcohol can be held responsible if they serve people who are clearly too drunk or underage that then cause injury accidents. If you’ve been injured in a drunk driving accident, it’s important to talk to a lawyer. They can help you by collecting evidence, speaking with witnesses, and managing your legal claim. This allows you to concentrate on your recovery while they take care of all the legal details.
What Is the Texas Dram Shop Law?
Texas’s dram shop law holds businesses that sell alcohol responsible for harm that results from serving alcohol to visibly intoxicated persons or minors. Under this law, a bar, restaurant, or other alcohol vendor can be liable if it sells alcohol to someone who is clearly drunk or underage and who subsequently causes harm.
Dram shop laws aim to encourage responsible alcohol sales and prevent alcohol-related accidents. For instance, if a drunk person leaves a bar and gets into a car accident, the bar could be legally responsible for injuries and property damage that result.
What Is Texas’s Social Host Liability Law?
Texas’s social host liability law applies to situations where someone other than a parent, guardian, or spouse provides alcohol to a minor under 18. This law states that an adult 21 or older who knowingly serves or provides alcohol to a minor can face legal consequences if the minor causes harm to others or themselves while drunk.
For example, an adult could be held legally responsible if they host a party and give beer to a 17-year-old, and that teenager then gets into a car accident. Social host liability laws aim to prevent underage drinking and its dangerous effects.
Who Can Be Held Liable for a Texas Drunk Driving Accident?
Several parties could bear responsibility for property damage and injuries after a drunk driving accident in Texas, including:
- The driver – The most directly responsible party is the drunk driver. They chose to break the law and put others at risk by drinking and driving.
- Alcohol vendors – Bars, restaurants, and liquor stores that serve alcohol to visibly intoxicated individuals or minors can be liable if these individuals cause accidents.
- Social hosts – If an adult provides alcohol to a minor who then causes a drunk driving accident, they can be held accountable under Texas’s social host liability law.
- Employers – In some cases, if the drunk driving incident occurs while the driver is on the job or driving a company vehicle, the driver’s employer might be responsible.
- Vehicle owners – If a vehicle owner knowingly allows an intoxicated person to drive their vehicle, they could also be liable for any resulting accidents.
- Parents or guardians – If minors are involved in drunk driving crashes, their parents or guardians could still face liability.
What Must Be Proven in a Dram Shop Claim?
To bring a successful dram shop claim in Texas, you must prove several key elements to show the alcohol-serving establishment’s liability. First, you must demonstrate that the establishment sold or served alcohol to an individual. You also need to show that at the time of this service, the person was underage or visibly intoxicated to a degree where they were a clear danger to themselves or others. Finally, you must establish a direct link between the service of alcohol and the resulting property damage or injuries. This means showing that the intoxication was the direct cause of the harmful incident.
What Evidence Can Support My Dram Shop Claim?
If you know or suspect you have a dram shop liability claim in Texas, gathering strong evidence is essential for proving your case. Here are some of the types of evidence that could support your claim:
- Surveillance footage from the establishment
- Receipts for alcohol purchases
- Witness statements from patrons or employees
- Police reports of the incident
- Blood alcohol content (BAC) test results
- Statements from first responders
- Expert testimony on the effects of alcohol
- Medical records of the injured party
- Accident scene photos or video
- Testimony from accident reconstruction experts
- Records of the establishment’s previous violations
- Bartender and server training records
- Credit card statements
- Cell phone videos from witnesses
- Social media posts and photos
- Forensic evidence like fingerprints
What Compensation May I Recover in a Dram Shop Claim?
When you file a dram shop liability claim in Texas, you can seek compensation for your medical expenses and the harm you have suffered due to the incident. This could include compensation for the following:
- Medical expenses, including hospital bills and rehabilitation costs
- Long-term care costs
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage costs
How Long Do I Have to File a Dram Shop Lawsuit in Texas?
Texas law gives you a specific time frame for filing a dram shop or social host liability lawsuit. You must initiate most dram shop or social host liability lawsuits within two years from the date of the incident. If you wait too long and miss this deadline, you lose your right to file the lawsuit. This means you can no longer claim compensation through the court system for any losses or injuries you suffered.
That’s why it’s so important to hire a Dallas drunk driving accident lawyer as soon as possible. A lawyer can handle your claim thoroughly and efficiently. They understand the importance of the filing window and will work quickly to build a strong case on your behalf. They can gather evidence, speak with witnesses, and handle all legal procedures in a timely manner. That way, you can file your lawsuit on time to protect your right to the compensation you deserve.
Contact a Texas Drunk Driving Accident Lawyer
If you’ve been injured in a drunk driving accident in Texas and need help with a dram shop or social host liability claim, The Wilhite Law Firm is here for you. We offer free initial consultations so you can discuss your case, get clear answers, and explore your options. Contact us now to learn more.
