When you plan a fun night out with friends, you may take the time to arrange rides to ensure everyone can get home safely. Unfortunately, not everyone takes the same precautions, and after consuming far too many drinks, may get behind the wheel. It’s no secret that drunk drivers can be held liable for the damages they inflict in the event their actions lead to an accident. However, did you know that the establishment responsible for overserving a drunk driver can also be held responsible under Texas’s dram shop laws? If you’re unfamiliar with this law, you’ll want to keep reading to learn more about how liability is determined and why working with a San Angelo, Texas drunk driving accident lawyer is in your best interest.
What Are Dram Shop Laws?
In many states, when you are involved in a collision due to a drunk driver, only the driver can face liability for their actions. However, some states, including Texas, have enacted dram shop laws. Essentially, this means that a business can be held liable for damages caused by intoxicated individuals who were served at their establishment.
In order for a claim to be successful under dram shop laws, the individual must have been negligently over-served alcohol. Even though the establishment did not make the decision to get behind the wheel, in Texas, bars and restaurants still have a duty of care to prevent patrons from becoming overly intoxicated.
It’s imperative to understand that any location where a guest has been overserved, such as a bar, nightclub, restaurant, or convenience store, can face liability. Social host laws only apply when alcohol is served to minors under 18. However, dram shop laws do not apply in instances where alcohol is purchased but consumed in the perpetrator’s home. For example, a liquor store would not be liable if it sold a case of beer to an individual who consumed it on their private property before getting behind the wheel.
What Should I Do if I’m Injured By an Overserved Individual?
In the event you are injured by a drunk driver, pursuing compensation for the injuries you’ve sustained is critical. Generally, you’ll find that the most important thing to do following a collision in which you have reason to believe the other driver was intoxicated is to contact the police. Not only can they file a report to document the collision, but they can also determine whether or not the other driver is under the influence.
Filing a claim against an establishment for overserving an individual can be complicated. This is because you’ll need to establish not only a clear connection between the defendant and the establishment, but you must also prove the individual was overserved. As such, you may be able to utilize surveillance footage of the bar area or the individual leaving the bar, as well as witness statements and medical records.
Holding someone accountable under Texas dram shop laws can be difficult. However, it’s imperative in the fight for the justice and compensation you deserve. At the Mathis Law Firm, PLLC, our dedicated legal team will do everything possible to help you recover the best possible outcome for your circumstances. Contact us today to learn how we can fight for you.
