Austin, TX- A Texas family is suing an Austin bar for serving too many drinks to a man who caused a DWI crash and killed their loved one in 2015.
Family Accuses Austin Bar of Serving Too Much Alcohol to Drunk Driver
On November 11, 2015, John McClintock left Homer’s Bar and Grill in north Austin and headed home. He entered the southbound lanes of Interstate 35 traveling in the wrong direction. He went for 11 miles in the wrong direction until he struck a motorcyclist head-on.
The motorcyclist was pronounced dead at the scene.
The lawsuit claims Homer’s Bar and Grill was negligent by serving McClintock too many drinks. McClintock told police he had five beers and three shots of whiskey over the four hours he was at the bar.
The police report notes that McClintock smelled of alcohol, according to KXAN.
In September, McClintock received a sentence of 12 years for involuntary manslaughter, KXAN reports.
What are the Dram Shop Laws in Texas?
A dram shop is an establishment such as a bar or pub where alcohol is served and consumed. Under Texas dram shop laws, a facility can be liable for a drunk driving crash if an employee knowingly serves drinks to a visibly intoxicated patron who then leaves and causes a fatal or injurious crash.
For a dram shop claim to proceed, a victim must prove that the bar, restaurant or pub knew they were serving alcohol to a visibly intoxicated person and that the alcohol was a direct cause of a person’s injuries. Texas dram shop laws also apply to underage drinkers.
In many cases, a dram shop is only partially liable for a crash. That means victims will just be able to recover partial compensation and must look to other responsible parties to get the money they need. If you are hit by a drunk driver and want to file a personal injury or wrongful death claim, allow USAttorneys.com to refer your case to an accomplished attorney near your Texas location.
If a drunk driver in Austin hurt you, we recommend you call one of the attorneys at the Robson Law Firm. You can reach their office at (512) 345-8200 and set up a consultation. The drunk driving accident lawyers at the Robson Law Firm are knowledgeable and dedicated. They will work hard on your case so you recover the full settlement you are entitled to your injuries or the death of a loved one. Don’t put off getting help, call and arrange a case evaluation in Austin today.