New Year’s Eve is one of the biggest party nights of the entire year, which also means there’s an increase in drunk driving accidents. If you are injured in a car accident due to somebody’s drunk driving on New Year’s you should understand what dram shop laws are and how they could apply to your injuries in a potential drunk driving car crash.
A dram shop law may hold drinking establishments responsible for injuries that resulted from drunk driving accidents caused by patrons. There are multiple factors that could come into play in drunk driving accident cases in Texas.
What Are the Dram Shop Laws in Texas?
Under Texas law, a person can sue a bar if he or she can prove that the intoxicated person who allegedly caused the accident was obviously intoxicated, and that they were a danger to themselves and others while they were being sold alcohol. The law in Texas also states that minors can sue drinking establishments for any injuries they sustained from the alcohol sale if they were intoxicated at the time of that sale.
Dram shop liability in Texas is not based on strict liability. It is only a possible recovery source for plaintiffs who were injured in a car accident, and it does not guarantee that the establishment will be held completely liable. Owners of a “dram shop” are not automatically liable for injuries that a person sustained after being served alcohol. A Texas jury has to find that the shop was more than 50 percent responsible for the person’s injuries.
If you are injured by a drunk driver on New Year’s, then you could potentially file a personal injury claim. A personal injury attorney could help you determine your legal options. If you want to learn more about these options, contact Tilton & Tilton LLP for a free consultation