Drunk driving is one of the most dangerous driver behaviors. Driving under the influence (DUI) of alcohol or drugs greatly increases the risk of a serious car accident. In 2019, the Texas Department of Transportation
reported 886 deaths in traffic accidents involving a drunk driver. The driver may not be the only party liable for these types of accidents, however. In Texas, the dram shop liability law also allows crash victims to hold the entity that served the driver alcohol liable, in some cases.
Discuss a possible San Antonio dram shop liability claim with our attorneys today. Call (210) 435-7968
to schedule a free consultation at The Law Firm of Aaron A. Herbert, P.C.
What Makes Us Unique?
- We are just as comfortable in front of a judge and jury as we are during pre-trial meetings with insurance companies. Our lead attorney has tried more than 50 personal injury cases.
- We know how to obtain optimal results. Our trial experience shows insurance companies that we mean business. We know how to secure the results our clients deserve.
- We do not charge anything upfront. Our dram shop liability lawyers operate on a contingency fee basis, with attorney’s fees only charged after we win.
What Is Texas’s Dram Shop Liability Law?
A dram shop liability lawsuit is a claim against the person or entity that served the drunk driver alcohol the day he or she caused the DUI accident. Dram shop liability laws state that a party could be responsible for contributing to a drunk driving accident if that party knowingly served an obviously intoxicated person alcohol, or served someone alcohol knowing that person planned on driving. In Texas, the dram shop law (Alcoholic Beverage Code Chapter 2
) will hold an establishment – such as a bar or restaurant – liable for a drunk driving accident if the victim can prove four main elements.
- The person who caused the DUI accident was visibly intoxicated while at the bar or establishment.
- The establishment served the visibly intoxicated person an alcoholic beverage.
- The serving of alcohol was the specific cause of the DUI accident.
- The victim suffered injuries or damages because of the establishment’s actions.
To have a dram shop liability claim, you or your DUI accident lawyer must prove that the establishment served the drunk driver alcohol when he or she was visibly intoxicated to the point of presenting a danger to him/herself or others. You may also be able to hold a social host liable under the same law if the host was over the age of 21, the drunk driver was under the age of 18, and the host was not the driver’s parent, guardian or spouse.
What to Do After a DUI Accident in San Antonio
Filing a dram shop liability claim in no way prevents you from also holding the drunk driver accountable. It gives you a second option for additional coverage. If the DUI driver does not have enough insurance to cover your losses, the dram shop’s insurance provider may have to cover the rest. If you get into a DUI accident in Texas, remain calm and call the police to report the wreck. Obtain the name and insurance information of the intoxicated driver. Go to the nearest hospital to treat your injuries. Then, call the drunk driver’s insurance company to report the accident. Before you accept a settlement, however, discuss your other options – including a dram shop claim – with an attorney.
Contact Our San Antonio Dram Shop Liability Lawyers
Bringing a dram shop liability claim against an establishment or social host in San Antonio could result in better compensation for your accident-related losses. It could also hold a negligent establishment accountable for overserving its patrons – possibly changing procedures at the facility to help prevent future drunk driving accidents. Discuss your case with a dram shop liability attorney in San Antonio today. Contact The Law Firm of Aaron A. Herbert, P.C. online
or call (210) 435-7968
24/7 for a free consultation.