A Drunk Driver Hit Me. Do Dram Shop Laws Apply?

 Posted on January 23, 2025 in Car Accidents

Driving under the influence is dangerous and illegal because there is an increased risk of causing an accident that injures or kills someone. Although drunk drivers make the decision to get behind the wheel, and are therefore responsible for the harm they cause, others may share liability. The Texas Dram Shop Act allows you to hold the party who sold or otherwise provided an obviously intoxicated individual with additional alcohol responsible for any harm that was caused.

Who can be liable if the Dram Shop Act applies to your case? How can you get the evidence you need? An experienced Dallas, TX personal injury lawyer can investigate your accident to uncover and preserve supporting evidence.

What Does the Dram Shop Act Say?

To make a claim against a party under the Dram Shop Act, the adult individual receiving the alcoholic beverage must be "obviously intoxicated to the extent that he presented a clear danger to himself and others." In addition, the intoxication must have been directly related to causing the damages you suffered. Minors should never receive alcoholic beverages, whether by selling, serving, or giving to them.

Recently, the Supreme Court of Texas agreed to hear a case that may strengthen the Act. Currently, there is no firm standard that establishes obvious intoxication. Should it be the number of drinks served, the alcohol content in the drinks, the drinker’s appearance, or a combination? The Court’s ruling is expected before the end of June 2025.

Who Could Be Liable Under the Texas Dram Shop Act?

Nobody can legally sell or serve alcohol without a license, and all servers must obtain a certification issued by the Texas Alcoholic Beverage Commission. Social hosts are typically exempt from liability unless they knowingly provide alcohol to minors other than their children or children in their legal custody.

Think of all the places you could get a drink. Bars, restaurants, sporting events, liquor stores, and even catered parties or weddings can provide alcohol to patrons and attendees. Potentially liable parties include:

• Business owners or managers

• Caterers and staff

• Servers and bartenders

• Liquor store employees

A drunk driver can be held liable for your accident and damages. Although you may be able to obtain additional compensation for your damages when there are several liable parties, that type of case is typically quite complex. You will need evidence to establish negligence, and obtaining that evidence requires an investigation. Retaining skilled legal counsel is crucial if you hope to secure maximum compensation.

Discuss Your Case With a Dedicated Irving, TX Drunk Driving Accident Lawyer

At Jerry D. Andrews, P.C., our focus is on personal injury law. That means we have extensive experience handling drunk driving accident claims, including those involving Dram Shop laws. Schedule an appointment for your free consultation with our knowledgeable Dallas County, TX personal injury attorney today by calling 214-221-5800 or contacting us online. Se Habla Español.