Please note, the Carabin Shaw Law Office will be moving to 875 E Ashby San Antonio, Texas 78212 in the 3rd quarter of 2023

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

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.

This Blog was brought to you by the San Antonio Traffic Ticket Attorney Gordon Slade 210-820-3033

Did You Get A Speeding Ticket?

Did you get a traffic ticket for speeding? If you think it’s only a fine, think again. Many consequences can arise in this case. There are very strict traffic violations. Consult a lawyer for traffic tickets to know why and how to defend your driving record. Consequences that matter, traffic violations stay on your record for a long time. The only way is to opt for dismissal in court. It is accessible to police authorities easily, and repetition is sure to cost more. Challenging a traffic ticket is better than paying for it and must be on file. In addition, record traffic violations can result in higher insurance premiums. The insurance provider will review your driving record to determine the risks. The insurance premium is higher if there is evidence of reckless driving, for example, one or more traffic tickets.

Strategies to help
It is best to speak to an attorney specializing in traffic ticket defense before deciding anything. He/she understands the legal consequences of the situation. This is necessary to determine which strategy to choose in defense. There are two basic ways to create a good defense – Aggressive defense: You can challenge the officer’s observations with the help of witnesses, photographs, and other evidence to show that the officer was unable to observe their driving, and by its conclusion was erroneous. Otherwise, you can also say that the speed was “safe” regarding the terrain and climate and the challenge agent’s subjective conclusion. Nonaggressive defense: You can always say it was an error, honest. Suppose you were driving through town after a storm and did not notice the stop sign since it broke during the storm. In this case, you are not responsible for the traffic violation. However, this strategy works if you have a clean driving record – and have an excellent traffic ticket lawyer. It can also be said that it was necessary to prevent damage. Suppose you took a sudden left turn unauthorized, resulting in a traffic ticket. You could get away with it if you did it to avoid hitting someone or a vehicle.

On the other hand, you can choose an explanation that there was no legal justification for the act – she felt dizzy and had to withdraw to avoid an accident. Whatever the situation, it was their mistake, so it is best to seek legal help. Discuss the matter with a lawyer about what to do. Find a qualified traffic ticket lawyer.

What Does a Judge do in a Personal Injury Case Trial?

The lawsuit process can be intimidating. When you’re injured and are considering filing a lawsuit, it’s hard to know where to begin. Even after hiring a lawyer and getting started, the process can be hard to figure out. What do you have to do? What does your lawyer do? What happens at trial? What happens between now and then?

To help you understand the lawsuit process, let’s look at one specific piece of the personal injury process: the judge’s role. Specifically, let’s look at what the judge will and won’t do if your case goes to trial.

Judges, Cases and the Law

In a personal injury case, the judge serves as a trier of law. The trier of law is responsible for making a ruling over the legal issues brought up during the course of the trial.

For example, a woman sues the driver of the car that struck her while she was riding a bike. Because the injured woman filed a lawsuit, it is up to her to prove that the other driver was at fault. This is called the burden of proof. To meet that burden of proof, the injured woman’s lawyer calls witnesses and experts who offer their testimony about the facts and the issues involved in the case.

During the testimony, the car driver’s lawyer might raise objections. Objections are based on the legal rules that determine what can and cannot happen when someone offers evidence. When such objections come up, it is up to the judge to determine what the law is and whether the objections raised are valid or not. Judges are also responsible for ensuring the trial takes place in an orderly, impartial manner, and that all sides comply with the rule of law. For more information to What is Personal Injury Law

Bench or Jury Trials

If the judge is responsible for determining what the law is, who is responsible for determining who wins or loses the case? The answer to this question is the trier of fact. Who is the trier of fact? That depends.

Many, if not most, personal injury cases that go to trial are held in front of a jury. In a jury trial, the jury serves as the trier of fact. The trier of fact’s job is to try to find out what happened, find out what the facts are, and eventually, determine who wins the case.

However, there are some situations in which the judge can serve as both the trier of law and the trier of fact. Not all trials are held before a judge and jury. Some cases might be held only in front of a judge. In these cases, the judge serves as both the trier of law and the trier of fact. This means the judge will not only make rulings about the laws involved in the case but will also listen to the evidence each side presents to determine what happened. Once the evidence has been presented, the judge will then determine who wins.

If you are the victim of an accident, you should contact our Personal Injury Attorney in your area to discuss your situation and to gather a further understanding of the legal process.