Understanding Dram Shop Cases in Texas: What To Do If You’re Hit by A Drunk Driver

If you’ve been injured in an accident caused by a drunk driver in Texas, you may be wondering about your legal options. In addition to holding the driver responsible, you might also be able to pursue a claim against the establishment that served them alcohol—a case known in Texas as a “dram shop” claim.

What Is a Dram Shop Claim?

Dram shop laws in Texas hold bars, restaurants, and other alcohol-serving establishments accountable when they serve alcohol to an intoxicated person or a minor who later causes an accident.

Texas law allows injured victims to seek compensation from the businesses that overserved alcohol to someone who was already intoxicated or someone who is underage and should not have been served alcohol in the first place. In a dram shop case, the injured party must prove the following:

1. The establishment sold alcohol to a person who was visibly intoxicated at the time of the service, or
2. The person was a minor at the time they were served alcohol.

For example, if a bar continues to serve alcohol to a visibly drunk patron, who then gets into a car and causes an accident, the injured victim may be able to hold the bar liable for overserving that person. Similarly, if the drunk driver is underage, the business that served them could also be held responsible under Texas’s dram shop laws.

What to Do if You’re Hit by a Drunk Driver?

If you’ve been injured by a drunk driver, it’s important to keep the following steps in mind:

1. Get Medical Help: Your health and safety should always come first. Even if injuries seem minor, seek medical attention immediately.
2. Report the Accident: Make sure to report the incident to the police. A police report will provide crucial evidence in your case.
3. Gather Evidence: Document everything, including the location where the accident occurred, the details of the driver’s intoxication (if visible), and witness statements. This information may help establish a dram shop claim.
4. Consult a Lawyer: Dram shop cases can be complex. An experienced personal injury lawyer can investigate the circumstances of the accident, identify liable parties, and help you seek full compensation for your injuries

What to Expect?

If you pursue a dram shop claim, be prepared for a thorough investigation. Your attorney at Abraham Watkins will look into the actions of the alcohol-serving business, interview witnesses, and potentially gather surveillance footage.

In the end, pursuing both the drunk driver and the bar or restaurant that overserved them can help ensure you receive full compensation for your medical bills, lost wages, pain, and suffering.

If you or a loved one has been injured by a drunk driver in Texas, don’t hesitate to contact Abraham Watkins to discuss your legal options and protect your rights. Call us today at 713-222-7211 or 1-800-870-9584 for a free consultation.