Who Is Responsible for Your DWI Accident?
Establishments Can Be Held Liable for Accidents
If you have been injured in a DUI or DWI accident, you may be wondering who can be held accountable. Often, these accidents result in life-altering injuries that are followed by mounting medical bills, time away from work, and a complete upheaval of life as you knew it.
It doesn’t seem quite fair now, does it?
If the accident occurred as a result of someone else’s negligence, you may be able to seek compensation. Yet, this may not be your only option. One of the most frequent questions we field is whether bars, clubs, or other establishments where alcohol was served can be held liable. Texas, for one, has laws in place that holds bars and other businesses responsible for injuries that occur as a result of an intoxicated individual that was served on their property. The purpose of today’s article is to look at Texas’ dram shop laws to help you better understand your rights following these types of accidents.
Understanding Texas’ Dram Shop Law
Chances are you’ve never heard the term “dram shop” in today’s modern society, right? Although it is no longer a common phrase, it stems back to the 1700s in England. During that time, alcohol was sold in a dram, which was small quantities. The places that served the alcohol were then referred to as “dram shops”.
Today, 43 of American states have dram shop laws, including Texas. Under these laws, a drinking establishment such as a bar, club, or restaurant can be held liable for injuries or death that happened as a result of someone being under the influence of alcohol. This means that if you were involved in an accident with someone who was overserved, you may be able to file a lawsuit against that establishment.
Proving Dram Shop Liability
As you may imagine, these cases are relatively complex. According to the Texas Alcoholic Beverage Code, the following most take place to bring a case against an establishment for dram shop liability:
- When the person was served at the bar, club, or restaurant, they were obviously intoxicated and should not have been given additional drinks
- The overserved person presented a clear danger to themselves and others
- The intoxication of the individual was the cause of the accident and any injuries that happened as a result
Showing that someone was obviously intoxicated isn’t always easy. Evidence is key here, as numerous factors will determine what contributed to the person’s state and accident. The following evidence may help prove liability in a dram shop case:
- The driver’s blood-alcohol level
- Accounts from eyewitnesses
- The driver’s drunken behavior
If you would like to file a lawsuit against the drunk driver who caused the accident or the establishment that served them, contact Rad Law Firm and schedule an appointment today. Our personal injury lawyers understand how sensitive these cases can be and are dedicated to doing everything we can to ensure justice is served. To learn more about Texas’ dram shop laws, schedule a free consultation with one of our Dallas DWI accident lawyers today.