Driving while under the influence of alcohol is heavily frowned upon not to mention illegal if your BAC limit travels up to .08 or higher. Unfortunately, there are several reasons why individuals in Texas still find themselves consuming far too much alcohol knowing they will soon be responsible for driving themselves back home. While some neglect to make alternate plans on how they will get themselves back to where they need to go, others drink well beyond their limit of comfort. Now, although adults are responsible for monitoring their alcohol intake and are bound to be held accountable if they cause a drunk driving accident, there may be other parties in which the blame can be placed on when such circumstances arise.
The establishment that served the alcohol.
In the state of Texas, lawmakers passed a law called the Dram Shop Act. If a bartender or anyone else who is licensed to sell alcoholic beverages to an individual provides a person with a significant amount of alcohol that results in them engaging in a DWI accident, they risk being held accountable. However, certain conditions must be met in order for an individual to hold an establishment such as a bar or restaurant liable if they were “overserved alcohol” which then led to them engaging in a drunk driving collision.
According to Sec. 2.02., of the Texas Alcoholic Beverage Code, a Dram Shop claim can be filed against an establishment when a person can prove that:
- It was “apparent to the provider” that at the time “the individual [was] being sold, served, or provided with an alcoholic beverage” that they were “obviously intoxicated to the extent that [he/she] presented a clear danger to themselves and others; and”
- “The intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.”
A claim can also be filed against a person 21 years of age or older for damages caused by the intoxicated of a minor under the age of 18 if:
- The adult is not the minor’s parent, guardian, or spouse.
- The adult was not issued custody over the minor by the courts.
However, if the adult knowingly (1) served alcohol to the minor or provided it to them which contributed to the minor becoming intoxicated or (2) allowed the minor to be served alcoholic beverages while on their owned or leased property, they can be held accountable for damages caused by the minor.
Now, it is important you understand that not all establishments that are licensed to sell alcohol can be held accountable even if a person consumed far too much while at the bar or restaurant and showed clear signs of intoxication. Some establishments are immune to being sued or having to cover the damages a person caused after they drove drunk. Because the law can become difficult to understand, it is best that an Edinburg, TX drunk driving accident lawyer help a person determine whether they have reasonable grounds to file a Dram Shop claim against an establishment they believe over-served them, causing them to engage in a DWI crash.
Were you recently involved in a drunk driving accident in Edinburg, TX?
If so, not only will you need a Texas attorney who is skilled in handling DWI-related cases representing you, but also someone who has experience in proving you were not 100% at fault for causing the drunk driving collision. To be connected with a legal professional who is experienced in both areas of law, contact USAttorneys.com and allow us to find you a lawyer in your area who is available and willing to provide you with the advice and guidance you will need.