Every Valentine’s Day couples make wonderful memories sharing in the great holiday of love. The experience of sharing a meal and an evening out on the town is typically a safe and fun activity. The night for many can involve the start of new relationships or the continuation of an old one. For some though, the night can end in tragedy due to the irresponsible decisions of others.
Accidents often occur around the holidays. During the Valentine’s Day weekend, there is an uptick in driving while intoxicated (DWI) incidents. The high number of DWI-related incidents is partly because of the sheer increase of drivers being on the roads on their way to or from dinner. Statistically though, there are also higher DWI arrests made during the holiday because of the increase of alcohol consumption during the holiday festivities.
There are criminal charges which the state enforces for someone who is struck by a reckless, drunk, and/or negligent driver, but there too can be civil actions. The actions can be against the driver individually and even against the establishment who over served the driver the alcohol. This cause of action against bars, restaurants or clubs is often referred to as a dram shop case in Texas.
Not every injury can or will be actionable. Depending on the situation and how the injury occurred, the law may provide rights to the injured individual or to the spouse if the other spouse was killed by the drunk driver. It is important to insure a proper investigation takes place regarding the accident to protect the person’s and their family’s rights.