Frisco Drunk Driver Accident Attorney

If You've Been Hit by a Drunken Driver in Frisco, McKinney or Allen Texas, Discuss Your Case With Attorney Michael Grossman Today

Drunk driving accidents are a matter of nightmares turning into reality. These form of horrendous accidents occur to over 30 percent of the American population during some part of their lives.

A person dies from a drunk driver related death approximately every 45 minutes per day. These alarming statistics reveal the harsh truth about the level of damage that a drunk driver can cause through their ridiculous, negligent and very careless behavior. If you’ve been injured in a Frisco drunk driving accident, or have lost a family member to a drunk driver’s negligent behavior, you’ll probably have the chance to pursue compensation for your injury or loss by filing a personal injury lawsuit or wrongful death lawsuit. However, plenty of people who’ve endured such a painful loss have decide not to contact a Frisco attorney, or may not know what steps are involved in the legal process. Along with that, the victims could just be unaware of what their choices could be legally. For instance, are you aware that establishments serving alcohol can be ordered to provide compensation depending on their involvement in any Frisco drunken driving accident which led to injury or loss? This article discusses Texas dram shop law, plus your legal options in getting compensated by a liable party or parties so you can focus on recovering. Drunk driving accident lawyer Michael Grossman offers this article to people in Frisco, McKinney, Allen and all of North Texas so you can make a sound decision about the next moves to make in the legal world.

The Unique Aspects of a Drunken Driving Accident

Drunk drivers can cause far more damage compared to your regular car accidents. It’s obvious in damaged property, severe bodily injury, or even death. Because of these facts, drivers end up facing fare greater penalties and the damages desired in Frisco drunk driving accident cases wind up being pretty large. With all that’s on the line, an aggressive legal game plan will usually be essential in making sure a plaintiff is adequately compensated for their injury or loss so they can really recover from the Frisco car accident. Besides that, Texas drunk driving accident cases usually have lots of parties involved who share a degree of guilt for the accident, and each specific defendant has to have their own case developed against them, holding them responsible for their negligent actions in a Frisco intoxicated driver accident.

Liable Parties in a Frisco Drunk Driving Wreck

The first likely suspect in a Frisco drunk driving accident is the driver. Any driver whose negligence contributes to an accident leading to injury or death can be held accountable for the victim’s injury or loss. This is the case because every driver must provide a legal duty to every other motorist to make sure they’re safe on the road. When that kind of duty has been violated and someone is hurt or dies, then the party who’s liable can be look at severe consequences for the damages the victim has faced, either through a personal injury lawsuit or wrongful death lawsuit. The negligent driver could have been completely sober but still caused an accident resulting in injury or death and still be held responsible for what happened. When a negligent driver is intoxicated, however, there’s a far greater chance that an additional party will bare some degree of responsibility like an alcohol-serving establishment such as a bar or restaurant.

These establishments are found vicariously liable for a drunk driving accident if a relationship can be established which demonstrates their negligent actions led to a series of events that eventually unfolded into a Frisco drunken driver accident. The law that governs this subject is part of the Texas Civil Practices and Remedies Code and is referred to as the Texas dram shop law. Establishing a correlation between a negligent bar and a drunk driving wreck can be complicated, especially for law firms that not don’t get involved in Texas dram shop cases. However, building a connection in these cases is vitally important since a negligent establishment like a bar can be deemed liable and ordered to give the plaintiff a specific amount of compensation in proportion to their part in the wreck. With a track record that stretches back 20 years in cases involving Texas dram shop causes of action, Frisco drunk driving accident attorney Michael Grossman and his team at Grossman Law Offices are equipped at investigating a Frisco DWI accident in order to ascertain if a negligent business may have contributed to a drunk driving accident or fatality.

Why is the Bar Liable?

Lots of people aren’t familiar with Texas dram shop law and are surprised once they learn that a bar or restaurant can be deemed vicariously liable for another person’s choice to drink and drive. Many instantly think that since an establishment that serves alcohol has no control over a customer, then they can be held responsible for that patron’s behavior once they exit the premises. However, there are sound reasons behind Texas dram shop law and why bars and restaurants are held liable in these situations.

The Bar’s Duties in Serving Alcohol

Texas dram shop law doesn’t exist to lessen the pressure from an intoxicated driver for their negligent behavior and then put it all on a bar or restaurant. No matter what, a drunk driver will still have to be held accountable for an Frisco dram shop accident that resulted in injury or death, and the role of the bar or restaurant won’t factor into that situation. The same standard exists when a person gets hammered at home and then decides to drive drunk. However, Texas dram shop law exists protect the public safety by making sure the alcohol-serving establishments are held to high standards in their dealings with patrons and the distribution of alcohol.

For instance, the law forbids Texans to be in public, including driving, with a blood alcohol level surpassing .08%. The law clearly explains that such an individual becomes a danger to themselves and anyone nearby, and that person can’t be guaranteed to make good decisions because of the way their BAC has affected them. That’s why Texas dram shop law doesn’t allow a bar or restaurant to over-serve a customer and letting them exceed a blood alcohol content level of .08%. If that manner of over-serving occurs and the drunk patron causes a wreck that results in an injury or fatality, then that alcohol-serving establishment could be ruled partially liable for that accident. Unfortunately, over-serving occurs for all kinds of reasons, whether it’s a bartender hustling for better tips, or a server who’s oblivious and ignored obvious signs of a drunk customer. It’s important to note that since a drunk customer can’t make proper decisions about their driving ability, another mature adult has to then make decision, which is why Texas dram shop law is in place to hold businesses in check for the actions that may have factored into a Frisco drunk driving accident. The same degree of liability occurs when a bar knowingly allows a drunk customer to exit their doors, or if an establishing selling alcohol allows minors to purchase booze.

If this type of vicarious responsibility still doesn’t make sense, let’s step back and look at this example: If you had a minor surgery and were given anesthesia for the procedure, do you think the physician would let you leave and drive home before the effects of the anesthesia had worn off? A choice like that would be highly negligent behavior on the doctor’s part and could lead to you or others being hurt or dying if you drove under such an intoxicated state. In a scenario like that, the doctor would be ruled vicariously liable for any wreck you may have caused. Likewise, an alcohol-serving establishment would be in the same position if they contributed to a Frisco drunk driving accident.

It also needs to be mentioned that bars, restaurants and other alcohol-serving establishments can’t use the ignorance defense concerning these issues, since each of these businesses, if they hope to legally serve alcohol, must obtain a liquor license through the Texas Alcoholic Beverage Commission. To keep this license, the business has to stay compliant with the rules and regulations pertaining to alcohol distribution and serving as noted by the state. Besides that, bartenders, waiters and servers working at these types of establishments have to take part in regular training where they learn of the signs of intoxication and are taught about their legal duties in selling alcohol to patrons. As a result, any person or business involved in legally distributing alcohol to a customer can’t say they were unaware of the rules pertaining to Texas dram shop law.

Written guidelines must be in place with bars and restaurants when dealing with the tracking of customers and their consumption of alcohol. This takes very detailed record keeping, including the quantity and kind of alcohol consumed. Some of the best ways to monitor intake include tally sheets, having color-coded glasses and coasters, and possibly even the use of hand signals, so that serves are aware of what’s being specifically served, and the rate, while on their watch. Along with all that, a bar or restaurant has to know how to properly handle drunk patrons. Many times, the manager will quickly respond to certain situations, stopping a customer from receiving more drinks and giving them food (which can aid in any excess alcohol) or a ride home from a cab or tax, which also involves watch to see that individual get in the cab and safely leave. When customers try to sneak in alcohol, like with a flask, it’s up to the manager to make sure the booze is taken away from the customer.

What are the Signs of Intoxication?

If the customer can’t be over-served and become intoxicated, it’s up to the servers and bartenders to be knowledgeable and aware about the signs of intoxication. Some of these indicators are obvious, like poor, slurred speed, illogical thought, sudden drowsiness, behavior that suddenly turns aggressive, or types of actions. However, some patrons are able to “hold their liquor” and may not show signs of being intoxicated when that’s the exact state they’re in. In those instances, a serve must monitor the amount of drinks provided to a customer, since that customer can still be drunk even if they’re not showing obvious signs of it. The usual way to monitor drunkenness is through a time-tested formula that says one customer shouldn’t be served over two pints of beer an hour, or two glasses of wine, or a shot of liquor or one cocktail. If these quantities are surpassed, chances are that a customer will eventually go over the legal .08% blood alcohol content level.

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

Texas dram shop isn’t meant to seek all of the entire compensation for a plaintiff’s damages just from the establishment in the spotlight. Dram shop law exists to hold these companies liable for a Frisco intoxicated accident, allowing a party to seek compensation from both the intoxicated driver and the bar or restaurant that may have factored into the car accident. Each defendant will then be held accountable for possibly compensating a plaintiff based on their exact level of liability in a Frisco drunk driving accident. For example, if a plaintiff is dealing with $1 million in damages, and a bar is ruled to be 10 percent liable, then the bar would be demanded to give $100,000 in damages to the victim. The drunk driver, meanwhile, would have to foot the remaining 90 percent and pay $900,000. If legal action was just taken against the bar, then the compensation offered would be much smaller than what’s needed to assist with the damages a victim has been dealt. It’s critical to realize that the bar or alcohol-serving establishment will never face total liability and as a result will never have to concern itself with 100 percent of the compensation since the business wasn’t completely responsible for the Frisco drunk driving accident. The role of Texas dram shop law isn’t to make a bar entirely accountable for a Frisco drunk driving accident. Its purpose is to serve and make the defendants liable for their role in causing an injury-related or fatal Frisco drunk driving accident.

What Exactly is Proximate Cause?

In Frisco intoxicated driver accidents, the term “proximate cause” is one that’s heard pretty regularly. It’s used when a defendant isn’t the exact cause of a drunk driving accident, but contributed to it happening. In Frisco drunk driving wrecks, a proximate cause can usually be a negligent business that serves alcohol, like a bar. Other proximate causes can include specific third parties that played a part in the wreck, such as the maker of a poor safety belt. If it can be established that another party was involved in an accident resulting in injury or death, then that proximate cause will develop into another defendant, plus the defendant that was the direct cause of the accident.

What is Safe Harbor Defense?

When an establishment that sells alcohol is alleged to have been a possible third party in a Frisco drunk driving accident, a defense counsel for the bar or restaurant will probably turn to the safe harbor defense. In order for that to work, the defense team has to prove the alcohol-serving establishment followed all the mandatory state guidelines concerning the sale of alcohol. If that compliance can be shown, then the bar or restaurant is given safe harbor and will be protected from a lawsuit. However, this same tactic will also be something that defense attorneys representing negligent bars and restaurants could turn to as well. They’ll try to paint a picture of that business following the law when they really didn’t so a personal injury or wrongful death claim can be tossed out. In these situations, it’s important to the result of your Frisco drunk driving accident case to have the legal guidance of a qualified Texas drunk driving accident lawyer like Michael Grossman and his team at Grossman Law Offices to do a thorough investigation so all the key parties liable for this accident can be found and held accountable for their negligence.

Collin County Drunken Driver Accident Attorney Michael Grossman Can Assist You With Seeking Fair Compensation from all Liable Parties

Finding all the responsible parties in a Frisco drunken driving accident can be difficult for young, inexperienced law firms, but Grossman Law Offices has 20 years of working in cases involving dram shop causes of action. That’s why we’re usually able to determine if an alcohol-serving establishment is liable for any amount of a Frisco drunk driving accident. But if no businesses played a part in a Frisco drunken driving accident, we’ll see to it that anyone else responsible can face justice so you can be adequately compensated for your injury or less stemming from a Frisco drunk driving accident.

Call us today at 1-855-326-0000 for a free consultation and to see more about what your legal options are so you can start the recovery process quickly. Besides getting compensated for your damages, you’ll also be making sure those negligent individuals or groups are held responsible for their choices so similar drunk driving accidents don’t harm others down the road.