After a night out on the town, the person driving at the end of the night is responsible for making sure they are not too drunk to drive. However, in Texas and many other states, dram shop laws hold alcohol-serving establishments, such as restaurants and bars, responsible for any accidents or injuries that occur as a result of over-serving the person who caused the harm. An Austin dram shop lawyer at DJC Law has helped many victims of drunk driving and other alcohol-related accidents get the compensation they deserve from businesses that knowingly over-served the person who caused the victim harm.
What Are Dram Shop Laws?
A dram shop is a type of establishment that is licensed to sell alcohol that is consumed on the premises, such as bars and taverns.
Dram shop liability is about the law that governs dram shops, where these establishments are responsible for ensuring that their patrons are not in danger to themselves or others.
This means if a bar or tavern over-serves someone who is already intoxicated and the person harms another person, not only the drunk individual but the establishment itself can be held responsible.
State Dram Shop Law Explained
The Texas Dram Shop Act holds an establishment liable for injuries that result from the over-consumption of alcohol to a patron who is already intoxicated. The provider of the alcohol can be held liable for damages if the following elements are true:
- The person was obviously intoxicated to the extent that they clearly posed a danger to themselves or others at the time the establishment sold them more alcohol; and
- The over-serving of alcohol was the direct and proximate cause of the damages sustained.
While most people associate the Dram Shop Act with impaired driving crashes, businesses that over-serve patrons can also be held liable for other types of accidents. This includes slip and falls, pedestrian accidents, or injuries that result from a bar fight. Any time there is an injury caused by a business over-serving alcohol, they may be found partially liable for the damages that result. It is important to note that dram shop laws don’t completely remove accountability on the part of the person responsible for the harm, but they apportion liability for their part in the accident and allow the person who was over-served to collect from the establishment accordingly. It can be challenging to hold an establishment accountable, but a knowledgeable Dram Shop attorney is here to help.
What Does it Mean to be “Clearly Intoxicated?”
Under dram shop laws, an over-served person must have been clearly or obviously intoxicated at the time that the establishment continued to provide them with alcohol. This does not necessarily mean that the person was above or below the legal limit to drive at 0.08% BAC. Although people do process alcohol differently, common signs of clear or obvious intoxication typically include:
- Slurred speech
- Difficulty finishing thoughts
- Incoherence
- Glassy or bloodshot eyes
- Stumbling and falling
- Impaired motor skills
- Lack of coordination
- Slowed reaction time
- Impaired judgment
In dram shop cases, security footage, witness statements, and receipts can go a long way in proving that a person was clearly intoxicated when they were over-served. A detail-oriented Austin lawyer could help with collecting this evidence to demonstrate defendant fault under Dram Shop law.
What Injuries Do Austin Auto Accidents Cause?
Since such Austin auto accidents come with tremendous speed and force, victims often have to deal with intense injuries. These injuries can range from minor to severe. There are some common car accident injuries that include:
- Spinal cord injuries
- Broken bones
- Scarring
- Neck and back injuries
- Whiplash
- Facial injuries
- Internal bleeding
- Chronic pain
- Trauma to internal organs
- Traumatic brain injuries (TBIs)
- Lacerations
- Emotional and psychological trauma
- Death
The expenses related to these injuries in the U.S. can add up quickly. If an injury is caused by someone else’s negligence or action, you can get help from an Austin injury lawyer to fight for the compensation.
What Type Of Compensation Is Available For Austin Car Accidents?
With the help of our dram shop lawyer in austin, if you’re able to prove that the car accident is caused by someone else, then the concerned party may be responsible for compensating you for all the damage and pain you’ve faced due to this accident. This can be both current and potential or future losses and financial and non-financial damages.
Post the accident, our austin dram shop lawyers can help you fight for the following types of compensation:
- Medical bills and future medical expenses
- Property damage
- Loss of income and earning potential
- Disfigurement
- Mental anguish
- Disability
- Loss of companionship
- Expenses for household services you can no longer perform
- Loss of quality of life
- Funeral expenses after wrongful death
How Does The Team Justice Approach Dram Shop Cases?
- Conducting a Comprehensive Investigation: We meticulously investigate the circumstances surrounding the drunk driving accident. This includes reviewing police reports. Our Austin dram shop attorneys interview witnesses. We obtain security footage. We also analyze the intoxicated person's behavior before the accident.
- Establishing Obvious Intoxication: Proving that the person was "obviously intoxicated" is a crucial element. We'll gather evidence such as witness testimony from the bar staff or other patrons. We will also obtain credit card receipts showing excessive alcohol purchases.
- Determining Proximate Cause: Our Austin dram shop attorneys demonstrate how the establishment's negligence in serving the intoxicated person directly led to the accident and your injuries.
- Negotiating With Insurance Companies: We will aggressively negotiate with the insurance companies to reach a fair settlement. If necessary, we are prepared to take your case to trial to protect your rights. A dram shop lawyer in Austin is well-versed in negotiation with insurance companies.
Why Choose Austin Dram Shop Lawyer?
Navigating the complexities of the Texas Dram Shop Law requires the expertise of a skilled attorney. Also, auto accidents can leave you with significant losses, whether for you or your loved ones.
Our top dram shop lawyers in Austin are there when you need them the most, an attorney you can rely on.
Here's why you should choose Team Justice:
- Specialized Knowledge: We have in-depth knowledge of Texas Dram Shop Laws.
- Gather Evidence: We collect key evidence to prove the liability of the establishment.
- Proven Track Record: We have a history of success in handling cases of drunk driving accidents.
- Client-Focused Approach: We provide personalized attention and dedicated support.
- Empathetic Representation: We recognise the grave impact of alcohol-related accidents, extending our empathetic and personalized support to every client.
- Negotiations On Your Behalf: We will negotiate on your behalf with insurance companies.
- Resourceful Investigators: We have the resources to conduct thorough investigations.
- Court Representation: Our skilled dram shop lawyer will represent you in court in your best interest.
Call Our Austin Dram Shop Attorneys Today
If you were injured in an accident because a business over-served a patron, there may be a case under the Texas dram shop laws. At DJC Law, our attorneys have helped victims collect under the state’s dram shop laws when establishments have over-served their customers. Call our office today to schedule a free consultation with an Austin dram shop lawyer.