According to the National Highway Traffic Safety Administration (NHTSA), 28 people are killed every day due to intoxicated drivers. This is why there are strict laws in place that give those hurt by intoxicated drivers the right to sue a bar if they over-served the motorist.
If you have been injured or have lost a family member due to a bar over-serving a patron, a dedicated Texas car accident attorney can help you hold that bar accountable.
What Is Texas Dram Shop Law?
According to the Texas Dram Shop Law, a retailer or bar is liable if they served, provided, or sold an alcoholic beverage to a customer who was clearly intoxicated at the time the transaction took place – and that customer went on to cause property damage and injuries due to their intoxication.
In other words, if you live in Texas, and you suffered damages at the hands of an intoxicated person, you may be able to sue the retailer/bar who served that person alcohol. It should be noted that the liability for the damages caused by an over-served individual (the driver) may be split between the bar and the individual depending on the case.
The liability can be difficult to determine in these cases, which is why you should talk to a Texas car accident attorney if you are thinking of bringing a lawsuit through the Dram Shop laws.
Injured Parties Under Texas Dram Shop Law
Drunk-driving accidents have a tendency to impact entire communities, which is why several different parties may be eligible to sue a bar if their selling of alcohol caused an accident.
Generally speaking, any individual – including the drunk driver – who can establish that they suffered damages due to a bar’s service can sue that bar. It is best to consult with a Texas car accident attorney as soon as possible.
When it comes to parties who can bring a personal injury lawsuit against the bar, they can be categorized into two groups: 1st party claimants and 3rd party claimants.
1st Party Claimant Cases
A lot of dram shop cases are brought by individuals who were over-served by bars. These lawsuits are called first-party dram shop cases and can be filed by people who were hurt due to their own intoxication.
3rd Party Claimant Cases
Over-serving someone who is already intoxicated can lead to catastrophic accidents. In Texas, anyone who suffers a loss or sustains injuries due to an intoxicated individual’s behavior can sue the bar that over-served them.
This is called a 3rd party dram shop case. These lawsuits can also be brought by the family members of people who wrongfully died due to the actions of an intoxicated driver.
Have You Been Injured In A Drunk-Driving Accident? Speak To A Top Rated Texas Car Accident Attorney!
Whether you win your Dram Shop lawsuit or not will depend on how successful you are in establishing your case. Proving that the intoxicated individual or the bar is responsible for your injuries, property damage, or wrongful death of a loved one will be the most important – and most difficult – part of your case.
If you want the negligent parties to be held accountable for their actions and want to receive fair compensation, give Kirk Law Firm, PLLC a call.