Answer: As of September 1st, 2017, texting and driving within the state of Texas is officially illegal. The offense is punishable by a fine of $25-99 for first-time offenders, and $100-200 for repeat […]
If the bar either served a minor, or over-served a patron, then yes you may be able to recover a portion of your total damages from the bar, club or restaurant. This is thanks to Texas’ Dram Shop laws. 38 states across the country, including Texas, have dram shop liability statutes on the book.
Bars exist to make a profit. That being said, bars are not supposed to put the lives of their patrons in jeopardy just because of money. The dram shop law exists to ensure that bars are kept in line and that individuals who are "obviously intoxicated" don’t get served more alcohol.
In Texas, the dram shop statute makes businesses which sell alcohol to an individual who is obviously intoxicated, strictly liable to anyone injured by the drunken patron. The law goes on to state that the defendant should have noticed that the plaintiff was obviously drunk, thus serving him more alcohol would be tantamount to negligence on their part.
Serving too much alcohol to a patron constitutes negligence and gives you the right to sue the bar that got a drunk driver drunk to the point of causing an accident for their portion of liability. This is because bars can contribute to a DWI accident when they do not follow the rules laid out by the TABC.
For a lawsuit targeting a bar and its management to be valid, there are certain things that need to be in place according to the law:
All these requirements can be handled by competent attorneys through proper investigation. Because of the complexity of such cases, contacting a Dallas drunk driving attorney is really your only course of action. Trying to start your own case can lead to your claim being dismissed - and you only get one shot.
Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
Over 30+ Years Of Personal Injury Experience
Top-Rated and Award-Winning Personal Injury Lawyers
Attorneys Available to Discuss Your Case Now
No Fee Unless You Win
Free Confidential Consultation.
Fill out the form below to receive a free and confidential initial consultation with an experienced personal injury lawyer.