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

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  • Thursday December 1st, 2016
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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.

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