Baytown is home to a thriving nightlife, featuring several bars where residents can unwind and spend time with friends. Unfortunately, those who visit the local pubs and taverns do not always designate a sober driver for their ride home, and drinking establishments in Texas may be liable in some cases for compensating those who are injured by drivers who were patrons before getting behind the wheel.
If you were injured in an accident caused by a drunk driver, an experienced Baytown dram shop lawyer from Schechter, Shaffer & Harris can help you understand if a business establishment may be at least partially responsible for covering the expenses of your injuries. Call our car accident attorney right away!
What are Dram Shop Laws and How Might They Impact Your Case?
Texas dram shop laws hold business establishments that serve alcohol liable for accidents caused by patrons who were overserved by the business or who are underage. For dram shop laws to apply to a specific case, one of the following elements must be shown through evidence:
- The business establishment sold or served alcohol to a person who was obviously intoxicated or was a minor.
- The defendant’s intoxication directly caused an accident in which another person and their property were harmed.
It should be noted that even if a driver was found to be intoxicated when an accident occurred, dram shop laws will not necessarily apply to the case, as intoxication isn’t always obvious. However, if the evidence exists to prove obvious intoxication at the time that the defendant was served alcohol or that a minor defendant was illegally served alcohol by a Baytown business, that business’s insurance resources may be accessed to cover the costs of medical treatment, wage loss, and other financial and psychological impacts.
How a Dram Shop Lawyer May Help Your Case
Proving obvious intoxication is one of the most challenging aspects of a Baytown dram shop case. An experienced legal team knows to look for certain types of evidence, including witnesses who can testify to how the defendant was acting at the establishment, surveillance video footage of the defendant at the establishment, bar tabs, social media posts from the defendant, the results of blood alcohol testing, and testimony from police officers investigating the accident. Because the statute of limitations on these types of cases is generally two years from the date of the accident, a lawyer can also help keep the case viable and moving forward by meeting legal deadlines, negotiating with the insurance companies of liable parties, and representing the case.
Speak to a Baytown Dram Shop Lawyer from Schechter, Shaffer & Harris, LLP
The injuries sustained in a drunk driving accident can be severe, costly, and long-lasting. Having as many insurance resources as possible is an important part of obtaining the compensation you need to recover from your injuries. In some cases, the drunk driver is not the only source of liability. Texas dram shop laws may provide an avenue for seeking additional compensation and holding local businesses accountable for failing to ensure that they’re not overserving patrons or serving alcohol to minors.
If you’ve been injured as a result of the actions of a drunk driver, let our personal injury team explore your options and help you determine your next steps for seeking compensation. Contact us for a free case evaluation today.
