If you are licensed to serve alcohol to patrons for consumption on your premises, you are liable under Conroe, TX dram shop laws. This means you have a duty of your care to your patrons, and should not serve them alcohol if they are already obviously intoxicated.
If a venue does serve a patron when they are obviously intoxicated and they are allowed to leave the premises, enter their car, and go on to cause a drunk driving accident, then the venue may be seen as negligent in the eyes of the law, and thus liable for the damages and injuries caused.
Conroe is governed by the same dram shop laws as the rest of Texas. These laws were introduced to reduce the concerning number of fatalities and serious personal injuries caused by drunk drivers across the state.
The term “dram shop” is applied to any venue that serves alcohol for consumption on the same premises and is named after a single measure of alcohol, a “dram.”
When people who are obviously intoxicated are allowed to be served more alcohol and are then allowed to enter their vehicle and drive away, their chances of causing a fatality or life-changing injury on the road are drastically increased.
Nobody deserves to be on the receiving end of a drunk driving accident, and you have every right to seek compensation for your damages and injuries if you are.
Serving Texas since 1951, at Abraham Watkins our goal is to seek the fair and reasonable treatment that our clients deserve. Over the years our law office has won favorable results and fair and reasonable compensation for numerous clients.
Call today at 713-535-9319 to speak to a dedicated personal injury attorney about the legal services we can offer.
Conroe, TX Dram Shop Liability Laws
In Conroe, Texas, the rules are the same as in the rest of the state of Texas. This means that a venue has a legal obligation to ensure it does not serve customers when they are already obviously intoxicated.
These regulations allow for victims of drunk driving accidents to seek compensation from a venue if they believe they breached their duty of care.
Do I Have a Dram Shop Case?
To raise a claim against a venue in Conroe, Texas , you and your attorney will need to be able to provide evidence.
For the best chances of a successful claim, you should get in touch with your dram shop lawyer as soon as possible after your accident. They are experienced and knowledgeable in dram shop law and will be able to advise you on the best course of action.
Steps You Should Take After a DUI Accident
There are certain steps you should take following an accident involving a driver who was under the influence. With the chaos involved, it can be hard to make decisions from a place of clarity. This means that you may forget to collect evidence or call the police.
Here is a list of steps that you should follow at the scene of any car accident if you want to protect yourself and ensure you have the best chance of seeking compensation for your damages:
- Don‘t leave the scene – You should always remain on the scene of the accident. If you are able, your first priority should be to move out of any immediate danger such as the flow of the traffic.
- Check for injuries – After the accident, check yourself for injuries. If you feel you have trauma to the head, neck or spine, do not move, wait for help until the ambulance team turns up. If your injuries are minor, check for any injuries to other passengers or pedestrians.
- Call an ambulance – If you find any injuries, call for an ambulance straight away, and describe your symptoms so they can send paramedics to the scene. Even if there are no visible injuries, calling an ambulance is still a good idea. Certain injuries like internal bleeding may have no outward symptoms but could lead to more serious complications, even death if left unchecked. The paramedics will also write an accident report that can be used as evidence later on.
- Call the police – When it comes to motor vehicle accidents, you should always call the police to the scene. They will quickly make the area safe, organizing the flow of traffic and dealing with aggressive or drunken parties if there are any present. Calling the police is also instrumental when it comes to personal injury law because they will administer a blood alcohol test that will be important evidence in proving the guilty party was over the limit. The police team on the scene will also file a police report which can be accessed later by your attorney when they are investigating what happened.
- Collect evidence -In personal injury trial law, evidence is important. If you are in the position to, try to collect as much evidence as possible. An easy way to do this is to take a video of the cars involved and the scene of the accident.
- Witnesses – If there are eye-witnesses on the scene, try to collect their information. Ask them if you can take a voice recording or take their details down on your phone. Ask for their email, phone number, address, full name, and a brief statement of what happened.
- Go to the hospital – Even if you have not received treatment on the scene, make sure you report to a hospital or your preferred physician as soon as possible. They will check you over for hidden injuries and provide the first record of medical attention. This is useful for the timeline in any serious personal injury case.
- Hire a DUI accident lawyer – Both personal injury and wrongful death cases are time-sensitive. The sooner you get in touch with your attorney following your accident, the quicker they can spring into action, utilizing their investigators and resources to collect evidence on your behalf. It also prevents evidence from being erased, like receipts or CCTV videos.
Dram Shop Injuries
With the drastic reduction of reaction times and increased level of poor judgment that comes hand in hand with drunk drivers, the potential for serious injury or fatality increases sharply.
When under the influence, drivers will fail to spot a hazard in time, fail to brake as quickly, and fail to swerve out of the way, leading to much more serious auto and truck accidents.
When is a Venue Liable for Overserving Alcohol to an Intoxicated Person in Conroe, Texas?
Under the dram shop laws that govern Conroe,TX you must refuse service to anyone who is obviously intoxicated.
You will be held liable if:
- It is obvious that the customer was intoxicated to the point they could prove a danger to themselves or others.
- The intoxicated individual then went on to inflict the damages suffered.
What Is the Average Settlement for Dram Shop Claims in Conroe, TX?
When it comes to wrongful death lawsuits and other types of personal injury claims, the compensation that could be awarded to you will depend upon the exact circumstances surrounding your case.
The wide variety of factors that can influence this compensation figure include:
- How severe the injuries are.
- How high the medical bills for these injuries are and could be in the future.
- The level of negligence and fault.
- The age of the parties involved.
- How much pain and suffering has been caused.
Many of these factors are quantifiable, meaning there are physical figures attached in terms of costs. You can easily figure out what your medical bills are for example by looking at the receipts you have kept for your medical care.
Pain and suffering damages are for damages that are not so easily quantifiable. If you can no longer play basketball with your son for example, you will be able to claim for a loss of enjoyment of life. If you are scared to get into a vehicle after a horrific crash, you will be able to claim for the emotional trauma.
These costs are difficult to work out and it will take a skilled hand to calculate them correctly. When they are calculated fairly and reasonably, they will be harder to dispute by the other party and this will make it easier to seek a settlement or convince a Judge that you deserve what you are asking for if your case goes to court.
Call a Dram Shop Attorney For a Free Case Evaluation
The Texas Dram Shop Act can be a complex law to navigate without a legal background and this means you will always be better off seeking the help of a skilled DUI and dram shop trial lawyer.
A law firm full of skilled personal injury attorneys will have a wealth of experience in dealing with cases just like yours and will make the task of seeking fair and reasonable compensation a much easier one.
Abraham Watkins, Serving Texas Since 1951!
Based in Houston, TX, Abraham Watkins has served the state of Texas since 1951. Specializing in personal injury trial law, we have won numerous favorable outcomes and compensation for a long list of happy and satisfied customers.
With over 70 years of experience, we have seen a variety of personal injury cases. This gives us a vast pool of knowledge and experience to draw upon and gives us an edge in all stages of the personal injury claim process.
We are skilled at calculating all forms of damages, from medical bills and physical property damage to tricky pain and suffering sums. This makes our settlement offers hard to refuse and this means you will have a good chance at a simple and quick settlement that you are pleased with.
If we cannot use our authority and skills to win you a favorable settlement figure, we are prepared to fight your case to the fullest extent of our abilities. We will fight aggressively for your rights, without rest, until we feel you have received fair and reasonable treatment.
When it comes to seeking compensation in a personal injury case, time is always precious. The sooner you get in touch with us, the better your chances. Evidence disappears quickly; CCTV is erased, receipts disappear and even with our skilled investigation team, if you leave it too long we may not be able to find the strong evidence we need for the maximum compensation sum.
The sooner you get in touch with us, the sooner we can take over the tedious parts of your case too. We file your paperwork, we liaise with the other parties on your behalf and this gives you space to work on your own well-being and health.
Call Abraham Watkins today and seek the compensation you deserve.
Our phone lines are manned around the clock, call us at 713-535-9319!
We offer a free consultation to prospective clients. If you have been injured and wish to speak to one of our attorneys in a no-cost consultation, please call us at (713) 222-7211. or toll free at 713-222-7211
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