Dram Shop liability in Texas

April 25, 2013 (Press-News.org) When drunk drivers elect to get behind the wheel they not only put their own lives at risk but also the lives of everyone else on the road. Tragically, given that some Texas drivers continue to get behind the wheel despite their obvious intoxication, drunk driving accidents are nearly inevitable. In fact according to the Texas Department of Transportation, there were 1,129 drunk driving accidents in Austin alone in 2011 - resulting in 810 injuries and 12 fatalities.

Responsibility for drunk driving accidents in Texas

When a drunk driver causes an injury to an unsuspecting victim in Texas, the drunk driver may ultimately face criminal charges. In addition, the victim may also attempt to hold the drunk driver liable in civil court for the injuries caused.

However, what many victims may not initially be aware of is that under Texas law, if a drunk driver was over served alcohol at a bar or restaurant prior to a car accident, the victim may also be able to hold the bar or restaurant liable for their damages. This theory of liability is based on the Texas Dram Shop Act.

Specifically under the Texas Dram Shop Act, a "provider" of alcohol - such as a bar or restaurant - can be held liable for damages to a third party if the damages were caused by one of the bar's intoxicated patrons. In order to recover under this law, a third party victim must be able to show that the bar or restaurant provided, sold or served alcohol to a patron and:
- At the time the alcohol was sold, served or otherwise provided, it was obvious to the provider that the patron was "obviously intoxicated" and a danger to himself and others, and
- The intoxication of the patron was the proximate cause of the injuries or damages to the third party victim.

It is important to note that the Texas Dram Shop Act is the exclusive remedy against bars and restaurants for providing alcohol to anyone 18-years-old or older. However, a victim is still permitted to bring common-law claims - such as negligence - directly against the intoxicated driver.

Help may be available if injured

As this article demonstrates, establishing liability for drunk driving accidents can be quite complex under Texas law - with different remedies available for even slight variations in circumstances.

Consequently, if you or a loved one has been injured by a drunk driver, it may be advisable to speak with an experienced drunk driving accident attorney. A skilled attorney can help ensure your rights are protected and assist in getting the damages you may be entitled to.

Article provided by Leonard B. Gabbay, P.C.
Visit us at www.lbglaw.com