In order to reduce the number of serious injuries and fatalities caused by intoxicated drivers, Texas created a set of regulations known as dram shop liability laws.
These laws allow for individuals to hold premises liable when serving their customers alcoholic beverages when they are already intoxicated and if they then go on to cause a drunk driving accident.
Any business in Katy that serves alcoholic beverages for consumption on their premises is classed as a “dram shop,” named after a single measure of alcohol, a “dram.”
Dram shops have a duty of care related to alcohol served on their premises. If the customer is obviously intoxicated and is served more alcohol, this is classed as negligence. This means that if the premise allows them to get into their vehicle, they are liable for what happens afterward.
If you or somebody you love has been involved in an accident involving a drunk driver, you are entitled to seek compensation for your injuries and damages suffered under Katy, TX dram shop law.
As one of the longest-serving law firms in Texas, Abraham Watkins has been dealing with personal injury cases for over 70 years. Established in 1951, we have won fair and reasonable compensation for a long list of happy clients across numerous cases just like yours.
Our phone lines are always staffed, 7 days a week, 24 hours a day, meaning you can call us any time, whenever you need us.
Give us a call at 713-535-9319 and arrange a free consultation today!
What is Dram Shop Liability?
Katy, TX dram shop liability references a legal responsibility placed upon any venue in Katy that serves alcohol to be consumed upon the premises it was served in.
It states that the venue has a legal responsibility to refuse service to anyone who is obviously intoxicated. In simple terms, it places a responsibility on venues and their bartenders to stop serving alcohol to customers who are too drunk already.
Do I Have Grounds for a Dram Shop Case?
Katy is governed by Texas Law and the Texas Dram Shop Act. This means you will need to prove that the person responsible for your injuries or the wrongful death of a loved one, was served alcohol at a venue when they were too intoxicated.
You will need to prove they were allowed to enter their vehicle intoxicated and that they then went on to cause the drunk driving accident that injured or resulted in a fatality.
These laws govern all of Texas. For example, Katy, TX dram shop laws are the same as Houston dram shop laws.
Steps You Should Take After a DUI Accident
Because of the circumstances that surround drunk driving accidents, they often result in more dramatic and severe crashes compared to regular car accidents. This means that victims might be in a state of shock in the aftermath and this can make it hard to focus on what steps you should follow.
If you are unfortunate enough to be involved in a drunk driving accident we have some steps you should take to ensure your health, safety, and wellbeing.
Personal injury trial law requires your attorney to prove negligence and assign liability and by following these steps you will give yourself the best chance of seeking fair and reasonable compensation following the accident.
- Stay at the scene of the accident – Make sure that you stay on the scene of the accident involving a drunk driver. However, you should make sure you move to a place of safety if possible and if your injuries allow it.
- Check for injuries – Check for injuries. First, check yourself, then any passengers or other parties that have been involved in the accident if you can do so.
- Call for paramedics if there are injuries – If there are injuries, no matter how big or small they look, call for the paramedics. Even in cases where you cannot see any outward sign of injury, we still recommend calling an ambulance. Internal bleeding and head trauma can have no outward symptoms but can be life-threatening. The paramedics will also file a report that can be used by your personal injury attorney.
- Call the police – In all motor vehicle accidents, you should call the police to the scene. They will be able to divert traffic and deal with pedestrians. They will also be responsible for administering a blood alcohol test to the obviously intoxicated person. This is a monumentally important piece of evidence that your dram shop law firm will need to use in your case.
- Collect evidence – If your injuries do not prevent you from doing so, you should attempt to collect as much evidence as possible. Take pictures or videos of the crash scene, take down license plates, car descriptions, and a description of the person responsible, especially if they are attempting to flee the scene. The more evidence you collect now, the better it will be for your dram shop claim.
- Witnesses – If you can, you should collect personal data and a small statement from as many witnesses as possible. Witnesses get less reliable further down the line when it comes to a motor vehicle accident. Get emails, phone numbers, names, and a small statement. Ask if they mind you taking a voice note.
- Go to the hospital – Even if you have not had to receive any medical treatment at the scene of the accident, you should make it your number one priority to get a check-up from a hospital or your physician. This is helpful in more ways than one. It will be your first record of medical treatment for your claim and they will also make sure that there are no hidden underlying injuries suffered like internal bleeding. Ensure that you maintain all of your receipts and bills as they will be used by your attorney to calculate your medical damages.
- Hire a DUI accident lawyer – Once you have dealt with the immediate issues like your injuries and speaking to the police, it is the perfect time for you to get in touch with your dram shop lawyer. The sooner you get in touch with them, the sooner they can help you collate your evidence and use their own investigation skills and resources to begin building your case.
Dram Shop Injuries
An intoxicated driver has reduced response time and clouded judgment. This means that when they go on to cause an accident, they have a much higher chance of causing serious injury and fatality.
A sober driver will apply the brakes or swerve when they enter a collision or spot a hazard, a drunken driver will not. The result is a high-speed collision with a lot more force and impact.
This means that the injuries we deal with in our dram shop liability cases are often on the more serious end of the scale.
When is a Bar or Restaurant Liable for Overserving Alcohol to an Intoxicated Person in Texas?
Any seller of alcohol in the state of Texas may be held liable by any claimant if it can be proven that:
- It was obvious that the customer was intoxicated to the level that they should not be served as they could provide a danger to themselves or others.
- The intoxicated individual went on to cause the damages suffered.
Call a Dram Shop Attorney
As dram shop liability laws in Texas are complex and tricky to navigate, you need to employ the help of a skilled attorney if you want to seek compensation under the Texas Dram Shop Act. Your attorney will need to be skilled and knowledgeable on dram shop liability law for the best chances of success.
Call Abraham Watkins Today!
Abraham Watkins was founded in 1951, making us one of the longest-serving law firms in the state. Since then, we have dealt with numerous personal injury claims and won countless cases for our clients.
If you want the best chances of seeking fair and reasonable compensation following an accident that was not your fault, get in touch with one of our team today. Our national trial lawyers have dealt with every type of personal injury claim under the sun.
We offer a free case review and initial consultation and our phone lines are manned around the clock to give you immediate access and legal advice.
We won’t rest until we feel you have received treatment that is reasonable and fair and are not afraid to fight aggressively on your behalf.
Dram shop liability cases are always time-sensitive, meaning the longer you wait after the incident, the harder it will be for us to uncover evidence and build the strongest case on your behalf.
Don’t hesitate, don’t let drunk drivers get away with causing you or your loved ones injury and pain without consequence.
Call Abraham Watkins today and seek the compensation you deserve.Our phone lines are manned around the clock, call us at 713-535-9319!
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