Garland Drunken Driver Accidents

Attorney Michael Grossman on Your Legal Options if You’ve Been Hurt in a Drunk Driving Accident in Garland, Mesquite, or Rowlett

Drunk Driving accidents are nightmares come to life. These kinds of horrific tragedies occur to more than 30 percent of the American population during some part of their lives.

A person dies at the hands of a drunk driver every 45 minutes a day. These mind-numbing facts illustrate the brutal reality of the incredible damage a drunk driver inflicts with their negligent, careless and outlandish behavior. If you’ve been hurt in a drunken driving wreck in the Garland, Mesquite or Rowlett areas, or have lost a loved one because of a drunk driver’s actions, you likely have the ability to get compensation for your injury or loss by pursuing a personal injury or wrongful death lawsuit. However, several who’ve dealt with such a traumatic incident are prone to not call a lawyer, or may not know what steps to take in this process. Bottom-line is that they don’t know what their legal options are. For example: Do you know that any establishment serving alcohol could be ordered to give you compensation depending on their role in a drunk driving accident that led to your injury or loss of a loved one? This article you’re reading discusses Texas dram shop law, along with your legal options in getting compensation from a liable party or parties so you can begin the recovery process. Garland drunk driving accident lawyer Michael Grossman provides this information in hopes that you can make an intelligent decision about your legal case.

The Unique Aspects of Drunken Driving Accidents

Compared to other everyday normal car wrecks, drunks can cause a tremendous amount of damage that is seen quickly in property damage, severe bodily injuries or loss of life. That’s why these drivers wind up looking at much harsher penalties, and the damages that plaintiffs pursue in these matters become quite enormous. With so much at stake, intense legal action is often needed to make sure the plaintiff is compensated fairly for their injury or loss so they have the chance to recover totally from their wreck. Along with that, Mesquite drunk driving accident cases can include numerous parties who have some degree of liability for the accident, and each specific defendant must have their own individual case built against them, holding them liable for their negligent actions in the drunk driving accident.

Liable Parties in a Rowlett Drunk Driving Wreck

The first possible suspect in a drunken driving accident is the motorist. Any driver whose poor decisions led to an accident causing injury or death can be ruled responsible for the victim’s injury or death. The reason is that every motorist owes a specific legal duty to all other motorists to ensure their safety while on the road. When a legal duty like this is broken and leads to injury or death, then the responsible parties can be ordered liable for the damages the victim has sustain, either by means of a personal injury lawsuit or wrongful death lawsuit. That means that even if the negligent driver wasn’t drunk but still was the cause of an accident that led to your injury or loss, they can be found liable for the wreck. But when a negligent driver is intoxicated, there’s a strong chance that an extra party will be responsible, which is spotted usually in establishments like bars or restaurants, since they serve alcohol.

These alcohol-serving entities are found vicariously liable for a drunk driving wreck if a link can be established that clearly demonstrates that their negligent behavior played a part in the actions that resulted in a drunk driving wreck. The law that pertains to this matter is found in the Texas Civil Practices and Remedies Code and is called the Texas dram shop law. Showing a link between a negligent bar and a drunk driving accident can be complicated, especially for law firms that have little to no experience handling Texas dram shop cases. However, it’s critical to prove a connection in these matters because businesses like bars or restaurants would then be ruled to give the plaintiff a specific amount in proportion to their role in the accident. With two decades of experience in cases dealing with Texas dram shop causes of action, Garland drunk driving accident attorney Michael Grossman and his group at Grossman Law Offices are equipped to investigate a drunk driving accident so they can determine if a negligent person or party played a part in a drunk driving wreck in the Garland, Mesquite or Rowlett areas.

Why is the Bar Liable?

Many people who don’t have any insight into Texas dram shop law are often shocked to discover that a bar or restaurant can be found vicariously liable for another individual’s choice to drink and drive. Most think that since a business serving alcohol can’t control their patrons, then they shouldn’t be held responsible for that person’s choices once they leave their premises. However, there’s logic behind Texas dram shop law and why bars and restaurants can be found responsible in these matters.

The Bar’s Responsibilities in Serving Alcohol

Texas dram shop law doesn’t exist to lessen the civil pressure on a drunk driver for their negligent behavior and put it entirely on the bar or restaurant. A drunk driver will still be held liable for an accident that resulted in injury or death, despite whether or not a bar or restaurant was in the picture. This is what happens when someone gets drunk at home then chooses to go driving while intoxicated. However, Texas dram shop law exists to improve public safety by making sure alcohol-serving establishments act responsibly when caring for customers and dispensing alcohol.

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For example, it’s against Texas state law to be in public, including driving, with a blood alcohol content level that surpasses .08%. Texas law states that these individuals pose a risk to both themselves and those nearby, and that individual can’t be trusted to make the right choices due to the way in which they’ve been affected by their blood alcohol content level. That’s why Texas dram shop law forbids bars or restaurants from giving customers an abundance of alcohol and allowing their blood alcohol level to exceed .08%. If this over-serving takes place and the drunk customer causes a wreck that leads to injury or someone dying, the bar or restaurant can be found partially liable for that wreck. The bad part is that over-serving happens for a litany of reasons, ranging from a bartender’s need to get better tips to an exhausted worker on a double-shift not spotting signs that their customer is three sheets to the wind. However, since a drunk customer can’t make a logical decision about if they’re able to drive or not, another sound, responsible adult has to make that decision instead, which is why Texas dram shop law exists to hold these negligent alcohol-serving establishments accountable for their behaviors that led to a Garland drunk driving accident. The same sort of liability exists if a bar knowingly lets a drunk customer drive off their parking lot, or if an alcohol-selling business lets minors buy alcohol.

If you still don’t comprehend that form of vicarious responsibility, let’s use this illustration then: If you had surgery and the doctor gave you anesthesia for the procedure, do you expect that the doctor’s going to let you drive home before the medicine has worn off? That kind of thinking would be extremely irresponsible on the doctor’s part, and could lead to severe injury or death if you drover in that kind of condition. In a case such as this, the doctor would be found vicariously liable for any type of accident that was caused. With that in mind, an alcohol-serving establishment could be deemed liable if they’ve played a role in a drunk driving accident.

What you also need to realize is that bars, restaurants and other businesses serving alcohol can’t claim to be ignorant on this matter since each of these parties, if they want to legally sell alcohol, must have obtained a liquor license through the Texas Alcoholic Beverage Commission. To retain this license, these businesses must follow the rules and guidelines involving alcohol sales and serving that is mandated by the state. Along with that, bartenders, waiters and servers that work at these places must take part in training where they learn the signs of drunkenness and are told of their legal duties when it comes to serving alcohol to customers. In the end, any one or any business that takes part in legally giving alcohol to customers can’t attempt to be ignorant when it comes to Texas dram shop law.

Restaurants and bars are also required to have written guidelines pertaining to the rules of monitoring their customers’ intake of alcohol, which demand that intricate records be maintained about the amount and kind of alcohol consumed at their business. Good ways to track consumption include everything from tally sheets to specific colored glasses or coasters, and sometimes hand gestures, so that bartenders aware of what’s being sold and how much is being consumed while they’re tending bar. Along with that, a bar or restaurant has to have a plan on how to deal with drunk customers. A lot of times the manager will quickly take care of this, cutting that patron off from any further drinking, or by giving them food (which can help soak up any alcohol that hasn’t been absorbed) or a ride home through a cab or taxi service, ensuring that the drunk customer gets in the cab and leaves too. In those situations where a customer actually sneaks in their own alcohol into a restaurant, like with a flask, the supervisor will make sure the alcohol is taken from the patron.

What Are the Signs of Intoxication?

Waiters and bartenders must know the signs of intoxication and be diligent to watch their customers and make sure they aren’t over-served. Sometimes the signs are readily obvious, like slurred speech, incoherent thought, drowsiness, extremely aggressive behavior, or other kinds of obvious actions. However, there are some customers who have the ability to retain their liquor, and won’t look like they’re drunk when in fact they are highly intoxicated. In these cases, a waiter has to keep track of how many drinks this person has, since they customer could still be drunk even if they’re not showing apparent signs of intoxication. The normal way to total drunkenness is that one individual shouldn’t have more than two pints of beer an hour, or two glasses of wine, or a shot of liquor or a liquor-based cocktail. If these amounts are surpassed, there’s a good chance that these customers will surpass the legal .08% blood alcohol content level.

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

Texas dram shop law isn’t designed to get the entire compensation for a plaintiff’s damages from the negligent alcohol-serving business. Dram shop law is there to hold these businesses liable to a degree for a drunk driving accident, allowing those parties who’ve been victimized to get compensated from both the drunk motorist and the alcohol-serving establishment that played a role in the accident. Each defendant will then be held responsible for potentially assisting the plaintiff in conjunction with their degree of liability in the drunken driving accident. Let’s say, for example, that if the plaintiff has sustained $1 million in damages and a bar is ruled to be 10 percent liable, then the bar would only have to pay out $100,000 to the victim, and the drunk driver, if responsible for the remaining 90 percent, would have to cover $900,000. If legal action was pursued just against the bar, then the potential compensation that would be awarded would be far less than what’s necessary to handle the damages the victim has sustained. Along with that, the bar or restaurant will never face 100 percent liability, and will never have to be concerned with footing 100 percent of the compensation, since they weren’t totally responsible for the accident. The goal of Texas dram shop law isn’t to hold a bar entirely accountable for a drunk driving accident, but instead to serve as a way to make the defendants face justice for their role they played in an injury-related or fatal drunk driving accident in Rowlett, Garland or Mesquite.

What Does Proximate Cause Mean?

When talking about drunk driving accidents in Garland, Mesquite and Rowlett, you may hear the phrase “proximate cause” used quite regularly. This refers to a defendant that wasn’t the direct reason for an accident taking place, but instead was a part in it occurring. In drunk driving accidents, a proximate cause is usually something like a negligent alcohol-serving establishment. Other proximate causes can be found in third parties like makers of a safety device that doesn’t work. If an outside party can be properly shown to have played a role in an accident that leads to injury or death, then that proximate cause will likely be another defendant as well as the defendant that was the direct cause of your accident.

What is the Safe Harbor Defense?

When an alcohol-serving establishment is deemed a potential liable party for a Texas drunk driving accident, their defense team will probably try to use the safe harbor defense. In order for that defense to be successful, the defense team has to show the alcohol-serving business followed all state guidelines pertaining to the distribution of alcohol. If it can be properly shown that they were compliant, then the bar or restaurant receives safe harbor and will probably be shielded from a potential lawsuit. However, defense attorneys representing negligent bars or restaurants will also be cognizant of the safe harbor defense tactic and will try to prove their company followed the law (when just the opposite happened) in hopes of getting the personal injury or wrongful death claim denied. In these cases, it’s critical if you want to emerge successful in your drunk driving accident case to have the assistance of a veteran Garland drunk driving accident lawyer like Michael Grossman and his team at Grossman Law Offices. They will conduct a detailed investigation so that all liable parties will be spotted and held accountable for their poor behavior.

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

Spotting all the responsible parties in a Mesquite drunken driving accident can be complicated for novice law firms, but Grossman Law Offices has two decades of experience working dram shop causes of action. As a result, we’re able to figure out whether or not an alcohol-serving establishment has any part in a drunk driving accident in Garland, Rowlett or Mesquite. If no business played a part in a drunken driving accident, we’ll do everything possible to bring other parties to justice to make sure you get as fair a compensation as possible for your injury or loss following a drunk driving accident.

Call us toll free at 1-855-326-0000 for a free legal consultation to discover what your legal options are so you can take the first steps in your recovery process. Along with getting compensated for the damages you’ve sustained, you’ll also be making sure negligent parties are held accountable for their actions so drunk driving accidents like these don’t occur again and harm someone else in the future.