In Texas, you can sue someone through a personal injury claim if they were driving drunk and caused an accident. However, there may be others who are responsible for the accident that can also be liable. You may also hold the bar or restaurant that served the intoxicated driver liable in a type of legal action called a dram shop claim. Can a bar be held liable for a drunk driving accident in Texas? Texas has laws covering over-serving individuals at a bar or a private party under certain circumstances. Here's a look at how a bar could be liable for a drunk driving accident with the help of a Houston drunk driving accident lawyer. Reach out to our experienced staff at Terry Bryant Accident & Injury Law. When you call us at (713) 973-8888 or toll-free (800) 444-5000, we'll help you understand your rights under Texas law and how we can help.
Understanding Texas Law
Can a bar be held liable for a drunk driving accident in Texas? Texas has a set of laws known as the Alcoholic Beverage Code. Title 1 Chapter 2 of the code covers the actions that can cause someone to file a claim against a restaurant or bar for over-serving someone who then gets into a DUI-related accident. A dram shop is the technical name of an establishment that is licensed to serve and sell alcohol to the public at large. Are bars liable for drunk drivers? When an establishment and person(s) serving alcohol violate the Alcoholic Beverage Code, they could be liable.- It's apparent that the person they served, sold to, or otherwise provided an alcoholic drink to was intoxicated at the time and an obvious danger to himself and others, and
- The intoxicated recipient of an alcoholic drink caused an accident that harmed others.
When the Social Host Liability Law Applies
The Social Host Law protects private individuals' rights to host parties in their homes and serves alcohol to their guests without fear of a lawsuit. Dram shop laws don't apply to private hosts except when an accident is caused by someone under the age of 18 who was served at a private party. Someone who over-serves a minor, 18 or younger, and does it knowingly can be liable for the accident. A person injured in an accident caused by a minor who was over-served at a private party can sue the host if the host is over 21 and provided alcohol to a minor. Parents and guardians are exempt from the social host law.Recognizing the Signs of Intoxication
Operators and employees of establishments should recognize the signs of intoxication. Staff that handles alcohol sales should know how to avoid sales to intoxicated individuals as they learn how to make and serve drinks. Likewise, the management staff should support the team when cutting off a drunk customer. Recognizing these signs is an essential part of their duties, and they are ignored at peril to the establishment. An intoxicated customer with too many drinks typically exhibits behaviors that cue the staff that it is time to stop serving him or her. All the team should know that the customer should be served only after some time has passed. Anyone who ignores the behavior or the order not to serve the customer further can cause the establishment to be held liable in the event the customer leaves and gets into an accident involving a DUI.Who Can Sue After an Accident Involving a Drunk Driver?
After an accident involving a DUI, the injured party can sue the drunk driver for damages related to the accident. Families who have lost a loved one in an accident involving a drunk driver can also sue for wrongful death under the Texas Dram Shop laws. The three eligible types of family members include:- Spouses, including informal marriages (sometimes referred to as "common law marriages")
- Parents, including biological and adoptive, but not step-parents
- Children, including adopted children, not stepchildren or those who can't prove their relation to the deceased.
Types of Damages
An auto accident with a drunk driver typically results in unexpected expenses that can take away the income you need to maintain your lifestyle. When you left your home, you did not know that you would get into an accident, much less with a drunk driver, and you did not expect that you would have serious bills to pay. Suing the driver and the dram shop allows you to ask for compensation to cover these expenses because you gained them through no fault of your own. Besides these potential claims against third parties, you may have your own "first-party insurance coverage" to help compensate you for your injuries with uninsured/underinsured motorist (UM/UIM) coverage. You can ask for damages in a claim, including economic and non-economic damages. Monetary damages include financial losses you suffered after the accident and include:- Medical bills
- Lost wages
- Lost earning capacity
- Vehicle repair or replacement costs, also known as property damage.
- Pain and suffering
- Emotional distress
- Loss of companionship and consortium
- Reduced quality of life
- Disfigurement.