Dram shop attorneys are personal injury lawyers that specialize in cases where victims are claiming against a “dram shop”, any venue that serves alcohol for consumption on the premises in Humble and the state of Texas.
When it comes to personal injury claims like a dram shop liability situation, cases usually rely on the assumption that a party acted negligently towards someone they had a duty of care towards. If the party had a duty of care to the victim and acted negligently, they may be held liable for any damages caused by their negligence.
Every Humble,TX dram shop is governed by the Texas Dram Shop Act. What this means is that they have a duty of care to their customers and the public to refuse service of alcoholic beverages if a customer is obviously intoxicated. If the dram shop is found to have served alcohol to an obviously intoxicated patron, and that patron has then caused a drunk driving accident, the venue may be held liable.
These laws were designed to address the growing number of drunk driving accident fatalities and serious injuries caused across the state of Texas.
Injuries and fatalities caused by drunk drivers can often be avoided. All it takes is a little vigilance by venues that serve alcohol. They must educate their servers and staff to keep an eye out and refuse service to any obviously intoxicated person.
If you or a loved one has been injured by a drunk driver, or worse, someone you love has lost their life due to a drunk driving incident, the team at Abraham Watkins is here to help. We will aggressively pursue the fair and reasonable compensation you deserve.
Abraham Watkins – Humble, TX Dram Shop Attorneys You Can Trust
As a firm that has been serving the state of Texas for over 70 years, we have a deep pool of knowledge and experience to draw upon. We have won numerous cases for our clients and have helped victims seek the fair and reasonable treatment that they deserve.
Some of the areas we cover include Aldine, Sugar Land, and Houston.
We ensure that our phone lines are always manned, meaning you can get help at any hour of the day from our team. Call today at 713-535-9319!
Texas Dram Shop Law and Liability Explained
Dram shop liability refers to the responsibility and duty of care that any venue serving alcohol to customers has towards those customers and the public if they are selling alcohol on their premises.
This acts as a deterrent and a preventative, designed to stop venues from over-serving alcohol to obviously intoxicated patrons and then allowing them to get into their vehicles.
Following an accident involving any driver who was over the limit, victims may have recourse to seek compensation from a venue if they are found to be breaching dram shop law and acting in a negligent manner in Aldine, TX.
Do I Have a Dram Shop Case?
To assign liability, first, you need evidence that the venue acted negligently.
This means you will need evidence that a bartender or vendor at a venue, saw an obviously intoxicated person, then served them alcohol anyway.
If this person was then allowed to leave the venue and enter their vehicle without being stopped, then the venue has a good chance of being found negligent under dram shop laws if that person goes on to commit a DUI and is responsible for injury or death in a drunk driving accident.
For the highest chance of success, the best course of action is to get in touch with a skilled and knowledgeable law firm and seek representation from one of their experienced attorneys.
Steps You Should Take After a Drunk Driving Accident in Texas
Remaining calm and keeping a clear head in the chaotic aftermath of a drunk driving accident is hard. You may have severe injuries, there may be smoking cars and flaming wrecks, it is easy to see why people go into shock so quickly.
This can make it extremely easy to forget what you need to do; prioritize your safety, call the emergency services, and collect evidence if possible.
The majority of people have never been in a severe car accident before, so here are the steps you should take to protect yourself and ensure everyone’s safety:
- Check for injuries – The priority following an accident is always your personal health and safety. Everything else comes second. If you have hit your head hard or feel pain in the spine or neck, you should remain still and wait for help. If your injuries are milder, you should move to a place of safety and assess the scene, then you can check any other parties’ injuries.
- Remember not to leave the scene – You must stay on the scene of the accident, especially if it is clear that a drunk driver was involved. Move to safety, away from further damage, but remain close to the scene.
- Call an ambulance – If cars are upturned and you are unsure if people are injured, call an ambulance. An ambulance team that is called as early as possible will have the highest chance of saving lives. They will check for hidden injuries like internal bleeding and they will also create an accident report you can later call upon as evidence.
- Call the police – Calling the police following a severe road accident is the next priority. They will make the scene safer by diverting oncoming traffic and dealing with the intoxicated party. They will also file a report and most importantly, will conduct a blood alcohol test. This is crucial evidence if you do end up seeking compensation.
- Collect evidence – Once you have ensured you are safe and the emergency services have been called, if possible, take some pictures or a video of the crash scene. The more evidence the better when it comes to personal injury cases. A picture of the drunk driver’s car will also help police if the perpetrator decides to flee the scene.
- Witnesses – If you are in a position to do so, speak to any eye-witnesses. Witnesses like this are always most reliable on the day, at the scene. They are also more likely to allow you to take a statement from them immediately after the accident. Ask them if they mind you taking a voice recording or videoing a quick statement from them, ask for their names, numbers, emails, and addresses.
- Go to the hospital – Even if no paramedics were called to the scene, you should still get checked over by a medical professional. They will look out for hidden injuries like concussions, internal bleeding, or TBIs that may have no outward symptoms. This will also be your first documented medical attention which is good for your attorney’s timeline of events.
- Hire a DUI accident lawyer – If you plan to pursue compensation via a dram shop liability claim, you are going to need a personal injury attorney skilled in Texas dram shop law. Personal injury cases are always best dealt with immediately, the longer you wait to contact your attorney, the more difficult it will be for them to secure crucial evidence. They will take over liaising with the emergency services, insurance companies, and all paperwork that is involved too, giving you room to breathe.
Dram Shop Injuries
There have been countless studies that document the drastic reduction in response time alcohol has on a person behind the wheel. Not only are the reaction times of the intoxicated driver slowed by a huge margin, but intoxicated individuals also make poorer judgment calls.
When put together you have an extremely dangerous driver. One who will take longer to spot a hazard, longer to apply the brakes or swerve out of the way, and one who may even fail to notice the hazard altogether. This means that when they hit the hazard, they usually do so with much more speed and force.
The result is an accident that has a much higher potential of causing a traffic fatality or a serious injury that has the ability to ruin the rest of someone’s life.
What Is the Average Settlement for Dram Shop Claims in Aldine, TX?
Every personal injury claim is different. Different circumstances, injuries, levels of damages, and varying ranges of negligence.
This means that the damages that can be calculated, like medical bills and the cost to repair or replace property, can vary wildly.
Even more varied, is the level of pain and suffering inflicted. Some people may end up with severe emotional trauma following a car accident and this may reduce their quality of life forever. Victims that are permanently maimed or crippled, may never be able to work again and may have to support children.
With the help of a good attorney, you will be able to work through your damages and calculate what compensation you deserve. With their previous experience and skills, your attorney will not only work out exactly what your tangible damages, like medical bills add up to, but they will also calculate the cost of the emotional trauma and the cost to the quality of your life.
Once calculated, they will have a figure they can attach to a settlement claim which they will then, with your authority, send to the insurance company of the liable party.
The insurance company then has 3 options, they will hopefully accept your offer as fair and reasonable, pay your settlement, and the case will be over, or they may decline your offer or send a counter offer.
If you receive a counteroffer and it is not acceptable, or they decline your offer, it will be time to take them to court, where your attorney will use the strong case they have built for you to convince the court you deserve compensation.
Call a Dram Shop Attorney
When it comes to the dram shop liability laws that govern Humble, as well as the rest of Texas, you will struggle to fight any case alone.
These laws and regulations are complex, making it hard, even for skilled attorneys to navigate.
Plus, you can guarantee that the other party will have insurance and skilled legal representation in an effort to reduce their liability and ultimately, how much they have to payout.
Call Abraham Watkins Today!
Abraham Watkins is one of the longest-serving personal injury law firms in the state of Texas. We have been helping victims in personal injury cases just like yours for over 70 years and this has given us a deep wealth of knowledge and experience to draw upon.
When fighting against a dram shop that has a skilled legal team defending them, you are going to need a dram shop lawyer that has dealt with their likes before.
We have won numerous cases for clients in similar situations and we won’t back down from a fight, no matter how large the corporation behind the other party.
Remember, in all personal injury cases, your chances of full and fair compensation reduce the more time that passes from the incident. It is important you seek representation and submit your claim as soon as possible.
As soon as you get in touch, we can put our vast network of resources to work on your behalf, investigating quickly, building a case that’s difficult to dispute, and winning you the fair and reasonable compensation that you deserve.Our phone lines are manned around the clock, call us at 713-535-9319!
Real trial lawyers, real results
Our Record of Success
Chemical Plant Fire