If a drunk driver was over-served at a bar before causing an accident, then the Texas Dram Shop Act allows the people who were injured to sue the bar or business that was involved. This claim is separate from the suit against the driver, and it can be more challenging to prove since strict requirements must be met in order for the bar or business to be found partially liable.
When you are planning to sue a bar for a drunk driving accident in Texas, the best approach is to hire an experienced accident attorney who understands the Texas Dram Shop Act. Here are a few things that you need to understand about this process:
Can You Sue a Bar in Texas If a Drunk Driver Hit You?
Yes, as a victim in a drunk driving accident, there are certain situations where you can sue a bar or business. In order for the lawsuit to be successful, you need evidence that shows the bar served someone who was obviously intoxicated, and that the intoxication was the cause of the crash.
These cases are never straightforward, and solid evidence will be necessary to show the cause-and-effect between the alcohol serving practices and the drunk driving accident. According to the standards in the Texas Dram Shop Act, it needed to be apparent to the server when the drinks were served that the person was presenting a clear danger to themselves and others.
Who Can Be Held Liable Through the Texas Dram Shop Act
Regardless of the location where the intoxication occurred, the ultimate question is whether someone kept serving a person who was clearly drunk. Potential liability in these types of drunk driving accidents might be found with:
- Bars
- Restaurants
- Liquor stores
- Any other place that sells or serves alcohol
Generally, private hosts are not liable when they are serving adult guests. But if minors were served alcohol, then liability might be found with the person or people who were hosting the party.
How to Prove a Bar Over-Served a Drunk Driver
In order to have success with your dram shop lawsuit in Brownsville or throughout the state of Texas, you need to have the right evidence to prove liability. The best approach is to hire an experienced legal team to help with gathering evidence, building a case, and negotiating on your behalf.
Some of the most common types of evidence in cases that involve the Texas Dram Shop Act include:
- Receipts and tabs from the bar or restaurant
- Security footage
- Witness statements from staff and other customers
- BAC test results
When building a timeline for the case, we look at all records that show how the driver’s night progressed. How many drinks did they have? How fast were those drinks consumed? When did they leave the establishment?
The claim rests on how obvious it was that the person was intoxicated. So, the person must have shown signs of intoxication, such as slurred speech or stumbling when they walked.
Why Evidence Disappears Quickly in Dram Shop Cases
Even though the statute of limitations is two years for accident claims, some of the most important evidence might be lost if you don’t take a proactive approach with the case. For example, it’s common for surveillance videos to be overwritten within just a few days. Receipts get thrown away, making it hard to prove the amount of alcohol that was served. And staff members might leave the bar or restaurant, which makes it harder to get in touch with witnesses.
The most important thing that you can do immediately after a drunk driving accident is talk to an experienced attorney for assistance. Our legal team can help you protect the evidence by sending a preservation letter right away.
Safe Harbor Defense for Bars and Employers
Just because a person was over-served doesn’t necessarily mean that the bar will be found liable for a resulting accident. The Safe Harbor Defense means that a bar might avoid liability if it required employees to complete the approved seller-server training. Also, the employer must not have encouraged over-service.
This type of defense can be challenged in the case, though, if the facts aren’t holding up or the proper training wasn’t provided. For example, the training must be approved through the Texas Alcoholic Beverage Commission.
How It Works When Suing the Bar and the Driver
Keep in mind that suing the driver and suing the bar are actually two different claims. You can pursue the driver for compensation and also choose to sue the bar separately. Insurance coverage is an important factor to consider, especially since bars often have liquor liability coverage, which may be much higher than the compensation available through the driver’s personal coverage.
Fault in the accident will be determined and divided by percentage (which might also include your share of the fault, if any). Available compensation might include medical costs, lost income, and pain and suffering. But the settlement can be reduced based on the victim’s percentage of fault in the accident.
Also, if the accident was fatal, then the victim’s family might choose to pursue a wrongful death claim.
FAQs
Can you sue a bar in Texas if a drunk driver who was over-served hit you?
Yes, if you can show evidence that the bar served someone who was obviously intoxicated and that person caused the crash as a result, then you might choose to pursue a dram shop lawsuit.
Can I sue both the bar and the driver at the same time?
Yes, you are legally allowed to pursue a lawsuit against both the driver and the bar.
Is there a deadline to file a Texas dram shop lawsuit?
The statute of limitations for a lawsuit that involves the Texas Dram Shop Act is usually two years from the date of the accident.
Trusted Legal Support for Drunk Driving Accidents
If you or a loved one has been hurt by a drunk driver, then you need legal representation to protect your rights. For more information about the next steps and whether the Texas Dram Shop Act applies to your case, contact The Green Law Firm to schedule a complimentary consultation at (956) 542-7000.
