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Drunk Driving Accidents in Texas
If you or a loved one has suffered moderate, severe, or even fatal injuries due to an intoxicated or impaired driver, the experienced drunk driving accident attorneys at our Law Office may be able to help you recover the compensation you deserve. In this article, we’ll introduce the following topics:
Origins and purposes of Texas’ dram shop laws;
Necessary proof in dram shop lawsuits;
First-party vs. third-party dram shop claims; and
How can the experienced DWI accident attorneys at our Law Office help you recover compensation?
Origins of Texas’ Dram Shop Laws
The State of Texas has long been among the leaders in the nation in accidents caused by drunk drivers. Unfortunately, many of these accidents, and thus the catastrophic injuries that often accompany them, could have been prevented by a bar or restaurant refusing to over-serve intoxicated patrons. With that in mind, the Texas Legislature adopted the Texas Dram Shop Act, found in the Texas Alcoholic Beverage Code, in 1987 for the following purposes:
Allow injury victims and their families the opportunity to hold bars and restaurants responsible for their wrongful actions;
To give injured victims another method of recovery besides the drunk driver themselves; and
To reduce the number of drunk drivers on the road by putting other alcohol providers on notice of the potential consequences of over-serving an intoxicated patron.
Necessary Proof in a Dram Shop Lawsuit
However, not every person hit by a drunk driver is automatically allowed to hold a bar, restaurant, or another alcohol provider responsible for their injuries. In fact, Texas’ liquor liability laws require injury victims alleging a dram shop cause of action to prove the following criteria before they can force a provider to provide monetary compensation for their injuries: More on this webpage
The alcohol provider served or sold alcoholic beverages to a patron, guest, or customer who was intoxicated.
As a result of over-service, the intoxicated patron was a clear danger to themselves, other patrons, and/or other drivers on the road.
The individual’s over-service while intoxicated was the cause of the accident in which the victim was injured.
First-Party vs. Third-Party Dram Shop Claims
Importantly, Texas law divides dram shop claims into two categories: first and third party claims. As its name suggests, 1st-party claims are those brought against an alcoholic beverage provider by the party who was over-served, or by their eligible family members in a wrongful death case.
Conversely, Third-party claims are those brought against a provider by a DWI accident victim or eligible family members for injuries suffered due to another party who was over-served.
Our Attorneys Have the Skill & Experience Necessary to Help you Recover the Compensation you Deserve
For more information regarding Texas’ dram shop laws and for a free and confidential consultation based on the facts and circumstances of your economic, emotional, and/or physical injuries, give our drunk driving accident lawyers a call today.