If a drunk driver causes a serious crash, the driver may not be the only party responsible. A bar or other alcohol provider can also face liability when it keeps serving someone who is clearly intoxicated, and that person later causes an injury. A Houston dram shop lawyer can investigate where the driver was drinking and whether unlawful alcohol service contributed to your harm.
These cases are different from ordinary drunk-driving claims because they require evidence about what happened before the collision. An attorney from Fleming Law Accident & Injury Attorneys can identify the businesses involved and preserve evidence before it disappears. Our legal team can also deal with insurers while you focus on medical treatment and recovery.
Under Texas Alcoholic Beverage Code § 2.02, you may bring a claim against an alcohol provider when you can prove two key facts. First, when the alcohol was served, it must have been apparent to the provider that the customer was obviously intoxicated to the point of presenting a clear danger to the customer or others. Second, that intoxication must have been a proximate cause of the injuries or other damages.
This means a dram shop attorney must look beyond the fact that the driver was drunk after the Houston auto crash. The question is what the staff saw when they continued serving alcohol. A customer who was stumbling or slurring speech can provide important evidence that the danger was visible before the person left.
Evidence can disappear quickly after an alcohol-related crash. Video may be overwritten, and witnesses can become harder to locate. Our dram shop attorneys in Houston will investigate the service of alcohol as early as possible.
We can seek surveillance footage and point-of-sale records showing how much alcohol was purchased. We can interview people who saw the customer drinking and review receipts that help establish timing. We can also compare that evidence with the crash investigation and medical information concerning intoxication. Credit card records or information about when the customer arrived and left can help build a clearer timeline of the drinking that occurred before the collision.
The alcohol provider may raise defenses. State law gives some businesses protection when employees complete approved seller training, and the employer does not encourage violations under TX Alco Bev Code § 106.14. We will examine training records and workplace practices to determine whether that protection actually applies.
In a dram shop claim, a Houston attorney can help you seek payment for the losses the intoxicated person caused. Depending on the injuries, that can include medical expenses and lost income. Compensation can also address pain or physical limitations that affect your daily life.
The drunk driver can remain responsible even when an alcohol provider shares fault. A claim against more than one responsible party can be especially important if your injuries are severe, and a single insurance policy does not fully cover the losses.
Time also matters. Under Texas Civil Practice and Remedies Code § 16.003, personal injury lawsuits generally must be filed within two years after the claim accrues. Starting sooner gives us more time to preserve evidence and determine who should be included in the case.
You should not have to determine on your own whether a business illegally overserved the person who injured you. Fleming Law Accident & Injury Attorneys has more than 30 years of experience helping injured people pursue compensation, and our lawyers personally guide clients through the claims process.
A Houston dram shop lawyer can review the circumstances surrounding the alcohol service and explain your options. We are available 24/7. Contact us today for a free consultation.
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