Were you injured in a drunk driving accident in Dallas, Texas? You may already know that you can file a claim against the intoxicated driver, but that’s not necessarily your only option. In some cases, you may also be entitled to hold a business legally responsible through a dram shop liability claim.
Benton Accident & Injury Lawyers can help you explore every avenue you have for compensation. Our Dallas dram shop liability lawyers bring years of experience to the table and have recovered millions of dollars for our clients. Contact our law offices at (214) 556-8321 for more information.
How Benton Accident & Injury Lawyers Can Help With Your Dram Shop Liability Claim in Dallas, TX
DUI accidents are devastating on their own. However, learning that the driver was over-served at an establishment beforehand can make the situation feel even more unjust. While you can certainly pursue a claim against the driver, the bar or restaurant that kept pouring drinks may share a significant portion of the blame as well. This could, in turn, raise the value of your case significantly.
Benton Accident & Injury Lawyers is here to help you throughout the entire legal process.
Our Dallas car accident attorneys will get to work by:
- Investigating the circumstances surrounding the accident and the alcohol service
- Obtaining sales records, surveillance footage, and witness statements from the establishment
- Working with toxicology experts to establish the driver’s level of intoxication at the time of service
- Identifying every party who shares liability
- Negotiating with insurance carriers on your behalf
- Filing a lawsuit in court if a fair settlement isn’t offered
Contact our Dallas dram shop liability lawyers today to schedule your free case review. We work on contingency, so you only pay attorney’s fees if we recover compensation for you.
How Does the Texas Dram Shop Act Work?
The Texas Dram Shop Act is found in Chapter 2 of the Texas Alcoholic Beverage Code.
Under these statutes, an alcohol provider can be held civilly liable for damages caused by an intoxicated person if two conditions are met:
- At the time of service, it was apparent that the customer was obviously intoxicated to the extent that they presented a clear danger to themselves and others
- That intoxication was a proximate cause of the damages the victim suffered
This law applies to any business that holds a permit to serve alcohol. If the establishment kept serving a patron who was stumbling, slurring their words, or showing other clear signs of impairment, and that patron went on to cause an accident, the business may be on the hook.
Texas also allows dram shop claims when alcohol is sold or served to a minor under the age of 21. If a bar serves a 19-year-old who then causes a crash, the establishment can face liability for any injuries that result.
The “Safe Harbor” Defense and Other Considerations
Further, note that Texas does offer what’s known as a “Safe Harbor” defense for alcohol providers. If the business can prove that the employee who served the alcohol was TABC certified, that the employer required training, and that the employer did not encourage any violations, they may be able to invoke this shield. An experienced personal injury attorney with our legal team can anticipate this defense and build a case to counter it.
Social host liability in Texas is more limited as well. Private individuals generally cannot be held liable for serving alcohol to adult guests. However, an adult over 21 who knowingly provides alcohol to a minor under 18 in a non-commercial setting can face civil liability under state law.
How Much Time Do I Have to File a Dram Shop Claim in Texas?
The statute of limitations for dram shop claims in Texas is generally two years from the date of the accident. If you don’t file your lawsuit within that window, you will almost certainly lose the right to pursue compensation from the establishment.
Since dram shop cases require time-sensitive evidence like surveillance footage and sales records, waiting too long can also make it harder to build a successful case. We recommend reaching out to our lawyers as soon after the accident as possible so that you can ensure you take timely legal action.
Contact Our Dallas Dram Shop Liability Attorneys for a Free Consultation
If you were injured in a drunk driving accident in Dallas, TX, you may not be limited to filing a claim against the driver alone. Benton Accident & Injury Lawyers can help you evaluate your best course of action and follow through with claims against anyone else that might also share liability.
Contact our Dallas dram shop liability attorneys today for a free consultation.
