If you or a loved one have sustained severe injuries because of a drunk driver, or you have lost a loved one due to a drunk driving accident, then our accident attorneys can help you pursue the recovery of damages against all parties that were responsible for the accident, and ensure that you get the justice that you deserve. This may include the person who supplied the alcohol.
Under Texas dram shop laws, it is the responsibility of all alcohol sellers to refuse to serve someone who is already intoxicated. If someone failed to comply with this law and went on to serve someone alcohol and they then caused a dangerous car accident, they may be liable for some of your damages.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, all our lawyers have extensive experience in handling dram shop lawsuits in Texas. Our team has won millions of dollars for individuals and families who were wrongly affected by drunk driving accidents. We use our deep knowledge and resources to pursue damages from negligent providers on behalf of our clients and fight tirelessly to secure the results that they deserve.
If you have been affected by a drunk driving accident, then contact Abraham, Watkins, Nichols, Agosto, Aziz & Stogner today. We offer a free consultation to all potential clients who believe they may have a case. We will discuss your possible claim with you and give you legal advice that you can trust.
To schedule your free case evaluation today, call us at 713-535-9319.
The Texas Dram Shop Act
The Texas Dram Shop Act is included in the Texas Alcoholic Beverage Code. It means that negligent third parties can be held accountable for drunk driving accidents that, while they were not physically involved in, they may have been partially responsible for.
This means that under the Act, a provider that sells or provides access to alcohol to someone who is already intoxicated or who is under the age of 21 can be held liable for damages caused by the drunk party that they served.
Listed below are examples of dram shop law violations:
- Serving/selling alcoholic beverages to obviously intoxicated patrons.
- Serving/selling alcohol to a minor.
- Encouraging a visibly intoxicated person to drink more.
- Serving/selling so much alcohol that it creates a substantial risk of death.
- Allowing a visibly intoxicated person to leave a restaurant, bar, or establishment where alcohol is served/sold and get into their car.
A dram shop lawyer from Abraham Watkins will be able to advise you on what type of charge you should pursue for your specific case.
Bringing a Dram Shop Claim to Court
Who Can Be Held Liable?
The intoxicated driver that caused a drunk driving accident can be held legally responsible for the consequences. However, parties who enabled these accidents to happen through negligence can also be held legally responsible.
It is illegal for any establishment that sells or serves alcohol to provide alcohol to an obviously intoxicated person or to minors. If the intoxicated person then goes on to cause a car crash, an accident attorney will be able to investigate the incident and, if possible, will pursue claims against the establishments that provided the alcohol.
Some common parties held liable in a Texas dram shop law case include the following:
- Store owners – If a store employee sells alcohol to a minor, or an obviously intoxicated person, then they may be held liable both financially and criminally for the resulting damages and the violation of the Texas Dram Shop laws.
- Bartenders – Bartenders and servers at a bar, restaurant, or similar business can be held liable for serving alcohol to obviously intoxicated people, serving minors, and for over-serving.
- Bars and restaurants – The business where the drunk driver was illegally served alcohol can often be held liable for the accident caused.
Who Can Bring the Claim?
If you or your loved one have been injured or killed in a drunk driving accident, then you may be able to file a claim against the establishment that illegally served the driver responsible. A Texas dram shop lawyer helps innocent victims and their families get the justice they deserve.
You may be able to pursue a dram shop claim if you are the following:
- A victim injured due to the negligence of drunk drivers.
- A deceased victim’s family member (parent, child, or spouse).
- A pedestrian hit or injured by the accident.
- The owner of property that was damaged by the drunk driver.
Our personal injury lawyers at Abraham Watkins have assisted countless victims of dram shop violations, and are more than capable of helping you, too. To find out if you are eligible to file a dram shop lawsuit, schedule your free, no-obligation consultation with us today, so you can receive case-specific advice from one of our proficient lawyers.
How to Win Your Case
In order to win your dram shop claim, you and your legal team will need to be able to prove the following:
- The drunk driver who caused the accident drank at an establishment.
- They were, or they became obviously intoxicated.
- The establishment continued to serve alcohol to the intoxicated person beyond the point of obvious intoxication.
- The person was then allowed to leave and drive away.
- They caused an auto accident which resulted in serious injuries to others or themselves.
Damages Commonly Awarded in Texas Personal Injury Cases
If you have been affected by intoxicated driving, then you may be entitled to compensation. Auto accidents often have severe consequences for all involved, and so anyone partially responsible for such accidents should be held to account. Our legal team strongly believes this, and they will do everything possible to ensure that you recover your damages.
When you first begin working with Abraham Watkins, we will calculate the amount of damages suffered and how much compensation you may deserve.
Listed below are the damages that are often awarded to victims in dram shop lawsuits.
If you required medical attention because of the injuries that you sustained in the accident, then you deserve compensation to cover these expenses. This includes past, present, and expected medical bills and other related costs, such as prescriptions.
If you were unable to attend work because of the injuries sustained in the drunk driving accident, then you may have lost wages because of it. If so, we may be able to recover compensation to cover the wages you lost, as well as compensation to cover a loss of future earning potential if this applies to your situation.
If your vehicle, mobile phone, or other property was damaged in the accident, then you deserve compensation to cover the cost of repairs or replacement.
Pain and Suffering
Many victims of car accidents suffer from emotional distress and trauma. If this is the case for you, then you may be owed compensation. As this can be difficult to prove in a Texas court, it’s crucial that you have a skilled drunk driving accident lawyer on your side to fight for the justice that you deserve.
Wrongful Death Cases
If you have lost a loved one because of an auto accident that was not your fault, then you should receive compensation to cover the loss of their wages, loss of consortium, and funeral costs. Our lawyers have experience in helping their clients file wrongful death lawsuits, so we will be able to discuss this option with you.
We know that no amount of money will be able to make up for what you have endured and are likely still experiencing. However, it will help you manage the financial burdens that you’ve been left with and will act as some form of justice for you. So if you think you have been the victim of someone violating dram shop laws, contact Abraham Watkins today to speak with a proficient attorney.
Call a Sienna Plantation, TX Dram Shop Lawyer Today
If you have been impacted by a drunk driving accident in Sienna Plantation or elsewhere in Texas, then your best course of action is to get in touch with Abraham Watkins. Our team of skilled attorneys has been protecting clients’ legal rights for over 70 years, so you can trust we have the knowledge and experience needed to fight on your behalf.
You can rest assured when your case is in our capable hands, as we have a flawless reputation proven by our incredible track record.
We not only pride ourselves on our ability to win most personal injury cases, regardless of the complex issues involved but also our capacity to build a strong attorney-client relationship with each of our clients.
Our team will always prioritize your interest, and so we will aim for a fair and quick settlement outside of court if possible, but if your case is more complex then we will always be prepared to represent you in court and fight tirelessly until we secure a favorable outcome.
We offer a free consultation to anyone who believes they may have a claim, so contact our law firm today. But you shouldn’t hesitate to get in touch – the sooner you do, the more time you will be giving our team to investigate your case, gather evidence, and build a strong argument on your behalf.To seek the compensation that you deserve, call Abraham Watkins today at 713-535-9319 and schedule your free, no-obligation case evaluation.
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