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Can a Texas Personal Injury Lawyer Sue Bars for Over-Serving Patrons?

By | Auto Accidents, Criminal Law / DWI, Motorcycle Accidents, Pedestrian & Traffic Accidents, Personal Injury, Truck Accidents | No Comments

When a customer visits a local bar, they are accountable for their own actions. If driving, that means understanding their limitations and following the law by making sure that they never get behind the wheel while intoxicated or impaired.

The state of Texas expects anyone with a driver’s license to act responsibly, but establishments can also be responsible for damages when they serve alcohol to drunken drivers. In most states, bars or restaurants are required serve their guests responsibly.  They must watch customer behavior to make sure they are not becoming intoxicated. When a drunken guest leaves a bar and tries to drive, the seller must help them find another way home.  If the guest still drives away, the sellers call the police to tell them that the guest is driving drunk.  Texas personal injury lawyers consider these requirements when a victim is injured by a drunk driver, who was over-served at a bar or restaurant.

The Texas Dram Shop Act

If a drunk driver causes damages or injuries, a Texas personal injury lawyer may be able to hold a bar or restaurant responsible by utilizing the Texas Dram Shop Act of 1987.  This act means that courts hold alcohol sellers liable for accidents that resulted, at least in part, because of the over-service of alcohol.

The act states that a server of alcohol may be liable in a drunken driving accident case if:

• The seller provided alcohol after it was clear that the patron was intoxicated;
• The seller continued to provide alcohol even after it was evident the patron posed a danger;
• The intoxication of the patron is what caused the accident and injuries.

The Texas Dram Shop Act also protects passengers inside the vehicle with the drunken driver, and pedestrians struck by the driver’s vehicle.  Basically, the Dram Shop Act holds the bar or restaurant responsible, when they continue to serve alcohol to a person that was drunk and did not make sure that the guest got home safely.

McAllen Personal Injury

Restaurants are required to serve alcohol responsibly.

A bar or it’s employees may face criminal charges.

They could also lose their ability to serve alcohol. When a bar is associated with a drunken driving incident, the Texas Alcoholic Beverage Commission investigates to determine if there is any reason to take away the beer/wine or liquor permit.

A McAllen or Brownsville personal injury lawyer builds evidence after a drunken driving incident. An attorney interviews witnesses that can testify to the defendant’s behavior.

Texas personal injury attorneys investigate any and all evidence that will show that the driver was intoxicated.  For example, the driver’s Blood Alcohol Content is taken by police after the incident, and used as evidence.  They also find videos that show the driver slurring, staggering while walking,  or showing other signs of being drunk.  Especially if the bar or restaurant continued to serve them alcohol.

Hiring A Texas Personal Injury Lawyer

Those injured in a motor vehicle accident that involved a drunken driver in McAllen or Brownsville, Texas should contact Tijerina Law Group P.C. as soon as possible.

Our attorneys determine if the Texas Dram Shop Act applies, and work to make sure that the drunken driver is held responsible for injuries caused by their actions. Whether or not the bar or restaurant can be held liable, driver must be held accountable for their reckless behavior. The driver and/or alcohol seller may be required to pay compensation to all victims.

Contact Tijerina Legal Group, P.C. by calling 956-777-7777 or complete an online contact form to speak with a Tijerina personal injury team member for your McAllen or Brownsville, Texas Personal Injury case.


To Scooter or Not to Scooter?

By | Motorcycle Accidents | No Comments

There’s been a lot of dialogue about gas prices and the effect they’re having on vehicle sales. On the one hand, we’ve seen reports showing that fuel efficiency is now the main factor in new car purchase decisions – reports that complement the increased popularity of fuel-efficient cars. On the other hand, there are some contradictory reports that indicate shoppers pay more attention to a vehicle’s price than its fuel efficiency. So really, which feature is more vital: the MPG or the price? Well, it’s both. Read More


Explanation of the Lemon Law in Texas

By | Blog, Uncategorized | No Comments

Does the new car you recently bought have a major issue? Is it the second or third time that you have had to get it repaired for the same issue?

Although you may be frustrated, you have options besides sending the car back in for repair.  Specifically, you may be covered under either (a) the federal Lemon law (the Magnuson-Moss Warranty Act) or (b) the Texas Lemon Law. These laws are designed to protect consumers when buying a new car and who are tired of having the same issue replaced multiple times. Read More


A Property Owner’s Responsibility: Security and Your Rights

By | Blog, Uncategorized | No Comments

You hear about it in the news – someone is robbed, mugged, attacked. They could receive a few scratches or be very seriously injured. Obviously the attacker is responsible. But who else is at least partially responsible? Possibly the property owner. These crimes are typically committed in parking lots, at apartment complexes, in stores or other retail establishments, and other “public” places. So if this happened to your loved one, what are their rights? Read More


Explanation of Personal Injury Law

By | Blog, Personal Injury | No Comments

Due to the fact that personal injury law is so complex, it is always recommended that a lawyer be hired in order to solve a personal injury case. There are many factors to consider when hiring a personal injury attorney, and ultimately, feeling comfortable with this decision. Weighing specific factors like the severity of the injury attained, costs of medical bills, the permanence of the injury, and the pain and suffering you are experiencing are all important issues that must be considered before pursuing your right to damage claims. Read More


Child Passenger Safety

By | Auto Accidents, Blog, Personal Injury | No Comments

Did you know that Automobile Accidents are the number one cause of death in children age 3 to 14? Preventive measures can be taken by parents, caregivers and grandparents who drive children from place to place – read more in this informative article provided by our personal injury law firm – we are committed to public safety. Read More


Overview of Texas Court System

By | Blog, News | No Comments

Our court system is comprehensive, and interesting to learn about. Here is a bit of history:
In the Judiciary Act of 1789, the very first Congress established the Judicial Courts of the United States. They created the Supreme Court, choosing to have it consist of a Chief Justice and five ‘associate judges’. They created a middle tier of circuit courts (trial courts). The Judiciary Act was controversial at the time. It acknowledged the “official status” of state courts, yet reinforced the supreme authority of the Federal judiciary. Read More