How to File a Claim Against a Bar for Overserving a Drunk Driver in Texas?

Being involved in a car accident with a driver who is intoxicated can result in catastrophic injuries and property damage. This accident leaves you entitled to file a claim against the drunk driver and their insurance company for breaching their expected duty of care. In some cases, Texas will also allow you to hold a bar or establishment accountable for overserving the driver as well. 

Filing a claim against a bar for overserving a drunk driver is a complicated legal process and requires the diligence of a well-established and knowledgeable law firm. As the oldest personal injury firm in Austin, Byrd Davis Alden & Henrichson, LLP, is up for the task. We will handle all of the tricky legal parts of your claim while you focus on resting and recovering from your accident. 

Understanding Dram Shop Liability Laws

Depending on the specifics of your unique drunk driving accident case, you may be entitled to file a lawsuit against a bar or restaurant in addition to the intoxicated party. To do so, your case must first meet the legal standards outlined in Texas’s “dram shop” laws. A “dram shop” is a business or establishment that sells alcohol, like a bar. Under regular liability laws, a dram shop or bar is expected to provide customers with a certain standard of care. This includes only serving alcoholic beverages to those above the legal drinking age and to those who are belligerent or clearly intoxicated. 

If your drunk driver accident attorney suspects the drunk driver that caused your accident fits the criteria, they can investigate further. If they find evidence the driver was overserved, or served alcohol when they were clearly demonstrating signs of intoxication, they can hold them accountable for your injuries. Clear signs of intoxication can vary but commonly include belligerence, bloodshot eyes, excessive slurring of words, and difficulty walking. 

How a Drunk Driving Accident Attorney Can Help

Don’t try to navigate the aftermath of your accident alone and while actively recovering from an injury. When you partner with an attorney, you give yourself the best possible shot at getting the compensation you deserve after your accident. A drunk driver accident attorney will ensure your claim is filed within Texas’s two-year statute of limitations while simultaneously investigating the circumstances surrounding your accident. This includes the collection of evidence to demonstrate negligence on behalf of the driver and the bar. 

From here, our team will handle all aspects of your claim, including negotiations. We understand the deep importance a worthy settlement offer can have, and that is why we fight so hard for you to recover the fullest economic and non-economic damages possible. We are even prepared to take your case to court if a worthy offer cannot be reached. 

Injured by an Overserved Drunk Driver? Talk to Our Team Today

In the face of uncertainty after your accident, remember that you are not alone on your path to justice. At Byrd Davis Alden & Henrichson, LLP, we’re dedicated to supporting you through these challenging times, just as we have done for countless victims before. Since 1959, our drunk driving accident lawyers has ensured that our community’s journey toward healing and resolution begins with a simple call to our office. Let us assist you in reclaiming your rights and working tirelessly to bring your case to a just conclusion. 

Don’t wait another day to begin your rightfully-deserved path to financial justice and compensation. Reach out to us today for a free consultation by filling out our contact form or giving us a call at (512) 454-3751.