Carrollton Drunk Driver Accident Attorney

Drunken Driver Accident Lawyer Michael Grossman on Your Legal Options if You’ve Been Injured in a Drunk Driving Accident in Carrollton, Coppell or Grapevine

Drunk driving accidents are nightmares that have come to life. These nightmares occur to more than 30 percent of the U.S. population at some point in their lives.

A person dies at the hands of a drunk driver approximately 45 minutes every day. These incredible numbers illustrate the harsh reality of the incredible amount of damage that a drunk driver can inflict with their negligent, careless and horrific behavior. If you’ve been hurt in a Grapevine drunk driving wreck, or perhaps in Coppell or Carrollton, and have lost a loved one because of a drunk driver’s negligence, you have the chance to get compensation for your injury or loss by means of a personal injury or wrongful death lawsuit. However, many people who’ve dealt with such a traumatic incident are often weary about calling an attorney, or may not be aware of how the process works. Besides that, these victims may not just know what their legal options are exactly. For instance, do you know that alcohol-serving establishments may be ruled to award you compensation due to their role in a Grapevine drunk driving accident resulting in your injury or loss? This article explores the Texas dram shop law, along with your legal options in getting compensated by a legal party or parties so you can start healing. Coppell drunk driving accident lawyer Michael Grossman offers this information so you can make a smart decision about your next steps in the legal process.

The Unique Aspects of Drunken Driving Accidents

Compared to regular car wrecks, drunk drivers can cause an incredible amount of damage that is usually very obvious with damaged property, incredible personal injury or loss of life that they cause. As a result, these drivers will have to deal with considerably stiffer penalties, and the damages pursued in Carrollton drunk driving accident cases will usually be pretty huge. With such a huge amount of compensation at stake, aggressive legal action becomes vital in order to ensure that a plaintiff is adequately compensated for the injury or loss so they can recover completely from their wreck. Along with that, drunk driving accident cases usually have numerous liable parties who will share liability for the accident, and each particular defendant must have a specific case developed against them, holding them accountable for their negligence in the Grapevine drunk driving accident.

Liable Parties in a Coppell Drunk Driving Wreck

The first probable suspect in a Coppell drunk driving accident is the driver. Any driver whose negligence leads to an accident resulting in injury or death can be held responsible for the victim’s injury or death. This is because all motorists owe a legal duty to other drivers to ensure their safety while on the road. When a legal duty like that has been broken, leading to an injury or death, then the liable party can be held responsible for the damages sustained by the victim, either through a personal injury lawsuit or wrongful death lawsuit. However, had the negligent driver not been intoxicated but still caused an accident that led to an injury or death, they could still be held accountable for the accident. But when a negligent driver is drunk, there’s a huge chance that an additional party will be responsible (in the form of an alcohol-serving establishment such as a bar or restaurant).

These businesses will be found vicariously liable for a Carrollton drunk driving accident if a link can be established showing their negligence played a part in the chain of events resulting in a drunk driving accident. The law that oversees this issue is called the Texas dram shop law and is found in the Texas Civil Practices and Remedies Code. Showing a connection between a negligent bar and a drunk driving accident can be complicated, especially for law firms that barely have any experience working Texas dram shop cases. However, establishing a connection in these kinds of cases is critical since a negligent alcohol-serving establishment would then be found liable for awarding a plaintiff a specific amount of compensation in proportion to their role in the accident. With two decades of experience in cases involving Texas dram shop causes of action, Grapevine drunk driving accident attorney Michael Grossman and his team at Grossman Law Offices are equipped at investigating a drunk driving accident in order to determine if a negligent alcohol-serving business played a role in a drunk driving wreck.

Why is the Bar Liable?

Many that don’t know much about Texas dram shop law are usually shocked to discover that a bar or restaurant can be ruled vicariously liable for another individual’s choice to drink and drive. Many think that since an alcohol-serving establishment has no way to control a customer that they shouldn’t be held responsible for that individual’s choices once they leave their establishment. However, there are logical reasons for the Texas dram shop law and why bars and restaurants can be held responsible in these cases.

The Bar’s Responsibilities in Serving Alcohol

Texas dram shop doesn’t exist to take away the civil pressures from a drunk motorist for their negligent actions and shift it to a bar or restaurant. A drunk driver will still be held liable for an accident causing injury or death, even if a bar or restaurant wasn’t in the picture. This happens, for instance, when a person gets drunk at home then chooses to drive while drunk. However, Texas dram shop law exists to help protect the public safety by making sure alcohol-serving establishments are liable in the care of their customers and sale of alcohol.

For example, it’s against the law in Texas to be in public, as well as driving, with a blood alcohol level that exceeds .08%. Texas law states that such a person poses a danger to themselves and others nearby, and that individual can’t be trusted with making proper decisions because of how the blood alcohol content level has influenced them. That’s why Texas dram shop law doesn’t allow a bar or restaurant to over-serve a customer in a manner where their blood alcohol content level surpasses .08%. If that kind of over-serving happens, and the drunk customer causes a wreck that leads to an injury or death, the bar (or restaurant) can be ruled partially responsible for that accident. The bad part is that over-serving can happen for plenty of reasons, whether it’s a bartender’s attempt at getting a better tip or an exhausted waiter who’s been on a double-shift and not paying attention that their customer is obviously hammered. But since a drunk person can’t make a sound decision about their driving ability, another responsible adult is left to make that choice, which is why Texas dram shop law seeks to make sure negligent alcohol-serving establishments are accountable for their choices that may have played a role in a drunk driving accident. The same kind of liability occurs if a bar knowingly lets a patron leave their premises, or if a business selling alcohol allows minors to buy some.

If this kind of vicariously responsibility still doesn’t make sense to you, let’s take this example: If you had an operation and were provided anesthesia for the procedure, would the physician let you go home before the anesthesia’s effects had worn off? A decision like that would be extremely unethical on the part of the doctor and would potentially lead to you and others being injured or dying if you drove under those conditions. In that case, the doctor would be found vicariously liable for any wreck you could have caused. Likewise, an alcohol-serving establishment can be ruled liable if they’ve played a role in a drunk-driving wreck in Grapevine, Coppell or Carrollton.

What also needs to be noted is that bars, restaurants, and other alcohol-serving establishments can’t claim ignorance on these issues either, since each of these businesses, if they want to serve alcohol legally, have to get a liquor license through the Texas Alcoholic Beverage Commission. To retain this license, this particular business has to stay compliant with the rules and regulations concerning alcohol distribution and serving as established by the state. Along with that, bartenders, waiters and servers that are employed at these businesses have to take part in training where they learn about the signs of drunkenness and are told of their legal responsibilities in terms of serving alcohol to customers. That’s why any person or group that takes part in legal giving alcohol to a customer can’t cop an ignorance plea when it comes to Texas dram shop law.

Restaurants and bars also have to have written policies in place about monitoring their customers’ quantity of alcohol consumption, which requires detailed records to be kept about the amount and kind of alcohol purchased on their premises. Some of the better ways to track alcohol consumption include tally sheets, color-coding of glasses or coasters, and possibly hand signals, so servers discover what’s being sold and the amount, while they’re working. Along with that, a bar or restaurant must have a game plan on handling drunk customers. A lot of times the manager will handle the matter swiftly, cutting that person off from getting anymore drinks and by giving them food (which can soak up the excess alcohol) or a ride home via a cab or taxi service, which also requires them to make sure the drunk customer got in the cab and left safely. In cases where customers sneak in their own alcohol to a restaurant, like using a flask for example, the manager has to make sure the alcohol is removed from that individual.

What Are the Signs of Intoxication?

Serves and bartenders must be aware of the signs of intoxication and keep a careful watch over their patrons so they can make sure a customer isn’t over-served and becomes intoxicated. Most of the signs are pretty apparent, like slurred speech, nonsensical thought, drowsiness, suddenly aggressive behavior, or other obvious behavior. However there are some customers that can “hold their liquor” and probably won’t look like they’re intoxicated when they truly are drunk. In those case, a server has to keep track of the amount of drinks served to such a person, since the customer can still be drunk even if they’re not showing apparent signs of drunkenness. The formula used to calculate drunkenness is that one person should not be served more than two 20-ounce servings of beer an hour, two glasses of wine, a shot of liquor or one shot of a cocktail that’s liquor-based. If these quantities are surpassed, it’s highly likely that such a customer will surpass the legal BAC limit of .08%.

Do Texas Dram Shop Laws Seek All Compensation from the Bar or Restaurant?

Texas dram shop law isn’t intended to seek all of the compensation for a plaintiff’s damages from the alcohol-serving establishment that acted negligently. Dram shop law is used to hold these entities partially liable for a Grapevine drunk driving accident, allowing an aggrieved party to seek compensation from both the drunk driver and the alcohol-serving establishment that may have been a factor in the accident. Each defendant will then be demanded to award compensation to a plaintiff based on their amount of liability in the drunk driving accident. For instance, if a plaintiff has sustained $1 million in damages and a bar is found only 10 percent liable, then the bar would be liable for awarding $100,000 in compensation to the victim. The drunk driver, if ruled on the hook for the remaining 90 percent, would have to cover the $900,000. If legal action was only taken against the bar, then the compensation awarded would probably be far less than what’s adequate to cover the damages a victim has probably sustained. So a bar or restaurant would never been on the hook for all of the liability, and as a result wouldn’t have to deal with 100 percent of the compensation, since the entity was not totally liable for the wreck. Texas dram shop law isn’t there to ensure that a bar is totally responsible for a drunk driving accident, but it is meant to make defendants liable for their role in an injury-related or fatal drunk driving accident.

What Does Proximate Cause Mean?

In Grapevine drunk driving accidents, the term “proximate cause” is an often-used phrase. Such a term is used when a defendant wasn’t a direct cause of an accident, but played a part in an accident. In Coppell drunk driving wrecks, a proximate cause is often a negligent alcohol-serving establishment. Other proximate causes can include third parties that may have also played a part in an accident, like a manufacturer or a faulty safety device. If an outside party can be proven to have played a role in an accident resulting in injury or death, then that proximate cause will likely be another defendant along with the defendant that directly caused the accident.

What is the Safe Harbor Defense?

When an alcohol-serving establishment is identified as a potential liable party for a Texas drunk driving accident, a defense counsel representing the bar or restaurant will probably turn to the safe harbor defense as well. For that tactic to work, the defense team has to show that the alcohol-serving establishment followed all the required state guidelines concerning the serving of alcohol. If that compliance can be proven, then the bar or restaurant is offered safe harbor and will probably be protected from a lawsuit. However, defense lawyers for negligent bars or restaurants will be aware of the safe harbor defense and will try to show that such an entity followed every step of the law ( when they really didn’t ) so they can get a personal injury or wrongful death claim denied. In these cases, it’s extremely crucial to having a successful outcome of your drunk driving accident case to have the legal assistance of a veteran Carrollton drunk driving accident lawyer like Michael Grossman and his team at Grossman Law Offices to undertake a complete investigation so that all responsible parties can be located and held accountable for their actions.

Grapevine Drunken Driver Accident Attorney Michael Grossman Can Help You Seek Fair Compensation from All Liable Parties

Identifying the liable parties in a Texas drunken driving accident can be difficult for unqualified law firms, but Grossman Law Offices has two decades of experience in cases dealing with dram shop causes of action. As a result, we’re usually able to figure out whether or not an alcohol-serving establishment has any degree of liability in connection to a drunk driving accident. Even if no entity took part in a drunk driving accident, we’ll make sure any other liable party is brought to justice so you can have the chance to be compensated for your injury or loss as a result of a drunk driving accident. Call us toll free at 1-855-326-0000 for a free legal consultation to discover your potential legal options so you can begin the recovery process. Along with getting compensation for the damages you’ve sustained, you’ll also be taking steps to ensure all the negligent parties are held accountable for their choices so other drunk driving accidents don’t harm anyone else in the future.