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Category Archives: Criminal Law / DWI
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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.

Auto Accident Attorney McAllen, DUI Accidents in Texas

DUI Accidents and Their Impact on the Community

By | Auto Accidents, Criminal Law / DWI, Truck Accidents | No Comments

Driving under the influence (DUI), is when a person drives after drinking alcohol and still has enough alcohol in their system to impair their abilities or register above the legal limit. The first DUI offense typically results in a 1-year loss of license and enrolling in an outpatient alcohol abuse program mandated by the federal government, or even probation. Multiple DUI offenses lead to prosecution under the Texas law. In a case where a DUI accident results in death, the driver is charged with vehicular manslaughter.

In 2011, according to reports by the Texas Department of Transportation, there were 169 DWI auto accidents in McAllen. The auto crashes resulted in the death of 2 and injury of 154 people. DUI is a major problem in the wider Texas area.

According to Mothers Against Drunk Driving (MADD), of all the fatalities in the area, 40% result from driving under the influence of alcohol. Actually, Texas is ranked 4th by MADD for DUI accidents.

Top 4 Effects of DUI on the Community

DUI accidents do not just impact the drunk drivers, but also involve many people in the local community. Passengers in the vehicles involved in DUI crashes get injured in addition to being traumatized emotionally. Other passengers, drivers and pedestrians are also traumatized and injured in auto accidents.

  1. Family and Friends

Auto accidents as a result of DUI impacts the friends and family members of those involved in the accidents emotionally. They have to deal with the severe injuries sustained by their loved ones, or in worst case scenarios, death.

Although the drunk drivers are solely responsible for the accident, their friends or family members might feel guilty for letting them drive under the influence.

  1. The Drunk Driver

The driver responsible for the accident can also feel guilty and emotionally traumatized for causing injuries or even death to other persons. They also face legal problems for breaking the law. Other than losing their licenses, they also risk losing a spouse, job or even custody of children, let alone the costs and fines they have to face.

  1. The Economy

DUI auto accidents also affect the economy of the community, state and nation at large. In 2000, DUI crashes cost the US approximately $114.3 billion, including $63.2 billion in lost quality of life and $51.1 billion in monetary costs.

Over $71.6 billion were paid in bills of DUI crashes, making up 63% of the total costs incurred as a result of accidents. Although punishing offenders, reduced drunk driving, stricter sentencing and educating the youth on dangers of DUI have reduced drunk driving arrests, today more costs are incurred as a result of accidents.

  1. Ruined Lives of Millions

The pain of losing a loved one in an auto crash is one that never goes away. This is something that the friends and families of crash victims put up with for the rest of their lives.

Auto Accident Attorney McAllen

If you or a member of your family has been in a car accident resulting from someone driving under the influence, contact an auto accident attorney in McAllen to help make a claim for the injuries or damages incurred. The Tijerina Legal Group can easily be accessed in your time of need by calling (956) 777-7777.

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Texas DWI no-refusal weekends – KNOW YOUR RIGHTS

By | Blog, Criminal Law / DWI, News | No Comments

KNOW YOUR RIGHTS! What you need to know about “Texas No-Refusal Weekends.”

The State of Texas has begun to tout it’s “no refusal weekend” campaign aiming to reduce incidents of drunk driving that may lead to serious injuries (click here for article).  Although the goal is a good one, it does it at the expense of misleading you into believing you are no longer protected by the Fourth Amendment of the United States Constitution, which protects you against unreasonable searches and seizures. Read More