Across the United States, someone is killed every 45 minutes in a drunk driving accident. The problem is particularly bad in Texas, where drunk driving accidents happen once every 20 minutes.
Texas dram shop law was designed to prevent drunk drivers from getting behind the wheel. A dram shop is a venue that serves alcohol intended to be consumed on the premises. If a dram shop in Fulshear, TX, serves alcohol to obviously intoxicated individuals and they go on to cause an accident, then the dram shop can be held liable for the damages caused.
Texas dram shop laws are complicated and it can be difficult to prove that someone was obviously intoxicated while they were in the bar, restaurant, or club.
The Fulshear dram shop liability lawyers at Abraham Watkins are prepared to handle your case, no matter its complexity. With over 70 years of service in Texas, not only are we one of the oldest serving law firms, but we also offer personalized service and commitment to the needs of our clients.
Contact us today to arrange a free consultation with an attorney with extensive experience and a desire to help. From Fulshear to Houston, dram shop lawyers at Abraham Watkins cover the whole of Texas and won’t rest until you secure the compensation you deserve.
Our phone lines are open 24/7, so call us now and speak to a Texas dram shop lawyer at 713-535-9319.
What is a Fulshear Dram Shop Claim?
Dram shop laws place liability on the owners of dram shops to avoid serving patrons that are clearly intoxicated already.
Dram shop cases involve a level of negligence. If a venue serves alcohol where a reasonable person would have refused service, then they could be found negligent.
For example, if a patron is swaying when they walk and slurring their words, but a dram shop continues to serve them alcohol, then they have acted negligently. This means that if that person goes on to cause an accident, the venue could be found liable for the damages caused.
It is possible for victims involved in the accident to claim damages under Texas dram shop law. In addition, if you have lost a loved one in a drunk driving accident, then you may also be able to claim under dram shop laws.
What Damages Can I Secure in a Fulshear Dram Shop Case?
Securing representation from a Fulshear dram shop attorney gives you the best chance at securing maximum compensation. They will make sure that all of your damages are considered in your settlement, including those that are difficult to quantify.
If you are in an accident with a drunk driver and you successfully make a claim under Texas dram shop law, then you could recover the following damages:
A car accident with a drunk driver is likely to lead to property damage. You may need to repair or replace your car as well as any other items that were damaged. It is important you keep all your receipts, as they will be used to evidence your damages.
Loss of income should also be reflected in your settlement. You may have had to take time off work while you recovered from your injuries, and this should be compensated for.
If your injuries are so severe that you are no longer able to do the same job as before, then you could also be compensated for the loss of earning potential, and the cost of retraining in something new.
Medical Bills and Expenses
Medical care in the United States is notoriously expensive. From your medical bills, and transport to and from the hospital, to the cost of long-term physiotherapy and rehabilitation, it should all be reflected in your settlement.,
Indirect expenses should also be considered, such as childcare for the period of time you were in hospital or adjustments to your home to accommodate your injuries.
Pain and Suffering
Non-economic damages are called pain and suffering damages. They are designed to compensate you for your mental anguish, physical pain, and loss of enjoyment in life.
If you have ongoing pain or scarring that causes you to be self-conscious, or you are left anxious about driving, then this should all be factored in.
Some people are left with injuries that prevent them from picking up their children or participating in hobbies they once enjoyed. A skilled attorney will make sure that you receive the maximum compensation for these intangible damages.
It’s a good idea to document your emotional and physical pain in a diary, this will be used as important evidence in your case.
Punitive Damages For Personal Injury Claims
Punitive damages may be awarded in cases that go to court by a judge. They are a way for the judge to punish the victim for their wrongdoing. They are sometimes awarded in personal injury cases involving drunk drivers.
In the worst-case scenario, people are killed in accidents involving drunk drivers. When this happens, the family may suffer damages, including funeral expenses, loss of income to the family household, and non-economic damages for the loss of companionship and support of their loved one.
There isn’t a settlement figure that can make the situation any better. However, when you are forced to grieve for a loved one, you should not be hit with a financial burden on top, especially when their death was caused by someone else’s negligence.
At Abraham Watkins, we will handle all aspects of your case so you can focus on what’s important.
Steps to Take After a Fulshear Drunk Driving Accident
If you are in a car crash in Fulshear, TX, then the steps you take could make a big difference in securing you the compensation you rightfully deserve.
It is common for adrenaline to cloud judgment, especially if you yourself were driving under the influence. We keep our phone lines open 24/7, so you can seek advice from a professional when you need it most.
If you are in a car accident in Texas, then here’s what to do:
Don’t Leave the Scene of the Accident
After a car crash, it is essential that you stay at the scene of the accident. However, if your injuries allow it, you should move out of the way of any further danger such as oncoming traffic.
Check Everyone For Injuries
Check yourself for injuries. If you have any problem moving or feel pain in your head, neck, or back, then stay where you are and wait for paramedics to arrive.
If you are confident that you have not hurt your spine, head, or neck, and it is safe to do so, then check anyone else involved in the accident for injuries as well. If anyone has suffered injuries, then you should call 911 and wait for paramedics to arrive.
If no one requires immediate medical attention, then you should still seek a medical assessment as soon as possible. This is important for two reasons. Firstly, you will need to ensure that adrenaline hasn’t masked any of your injuries, otherwise, you could unknowingly worsen your condition.
Secondly, you will need a medical assessment in order to make a successful dram shop claim. The sooner the better, as it will show a clear correlation between the accident and the injuries caused.
Contact The Police
Texas law states that police must attend the scene of any car accident that causes injury or severe property damage.
The police also have an important role. They will ensure everyone’s safety and, if they suspect a drunk driver, they will administer a blood alcohol test. They will also file a police report, which your attorney will be able to use later on to support your claim.
If the accident was minor but you suspect the other driver has been drinking, then you should still call the police to prevent any further accidents.
Gather as Much Evidence as You Can
The more evidence you have, the better your chances of compensation. While your attorney will investigate on your behalf and gather evidence, there are things you can do at the scene to support your claim if your injuries do not prevent you from doing so.
Take photos of the scene, including the vehicles involved, skid marks, injuries, and anything else you think could be relevant. Make note of the other driver’s name, registration number, and insurance information. If there are any witnesses, get their names and contact details so that your attorney can contact them when building your case.
Inform Your Insurance Company
Your insurance policy will likely require you to inform them of an accident, usually within 24 hours. You should remain as vague as possible when you contact them so that you do not say anything that might devalue your claim.
When you speak to them, you can let them know that your attorney will be in touch. At that point, your dram shop attorney will take over all correspondence with them and their attorneys.
Hire a Fulshear, TX Dram Shop Lawyer
After a car accident in Fulshear, you should contact an attorney as soon as possible. They will investigate your case, determine the value of your damages, and fight for the compensation you are rightfully owed.
If a fair settlement cannot be reached, they will also be prepared to take your case to court using the evidence they have already built up on your behalf. They will handle everything so you can focus on your recovery.
The Safe Harbor Defense to Dram Shop Liability
It is possible for owners of dram shops to fight against lawsuits that are brought against them using the Safe Harbor Defense. In order for the Safe Harbor Defense to be used, dram shops must show that:
- They provided a training course provided by the Texas Texas Alcoholic Beverage Commission to their employees, which teaches them about the dangers of overseeing alcohol.
- They did not encourage or coerce their staff to serve alcohol when they were trying to refuse service.
Contact a Fulshear, TX Dram Shop Lawyer Today
The Texas Dram Shop Act states that if a dram shop serves alcohol to a clearly intoxicated person, and that person causes a drunk driving accident, then the venue itself can be held liable for the damages suffered by victims.
At Abraham Watkins, we are prepared to fight aggressively for your case and will do everything possible to secure the compensation you deserve.
We have helped many people in similar positions to you to win compensation, and we want to do the same for you.
We work on a contingency fee basis, which means that we take our fee from your settlement. If your case does not succeed, you do not have to pay for our representation.To secure representation from one of Texas’s longest-serving law firms, arrange a free consultation today by calling 713-535-9319.
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