Irving Drunk Driver Accident Attorney

Irving Drunk Driver Accident Attorney Michael Grossman on Your Legal Options if You’ve Been Injured in a Drunk Driving Accident

Any accident that includes drunk driving are real-life nightmares. These kinds of accidents will happen to more than 30 percent of Americans during their lifetimes.

Stats show that a person dies from a drunk driver every 45 minutes a day. Numbers like these help show the hell and damage that is caused by a drunk driver’s selfish, horrendous, and ignorant choices. If you’ve been hurt in a drunk driving auto accident in Irving, or have lost a family member because of a drunk’s poor decisions, you probably will have a strong chance to get compensated by filing a personal injury or wrongful death lawsuit. It must be noted that a lot of times those who’ve been in these awful situations are weary of pursuing legal action, or may not know what steps to undertake. Others simple may have no clue about the judicial system and what route to go. Stop and ask yourself this: Did you know that any bars or restaurants that played a part in your Texas drunk driving accident and caused your injury could be forced to compensate you? This article further explains such things as Texas Dram Shop law, along with your legal options in seeking compensation from those responsible so you can shift your focus to healing. Irving drunk driving accident attorney Michael Grossman is providing this information so you can be better equipped about the legal process and the best steps you should take.

The Unique Aspects of Drunken Driving Accidents

Unlike your normal fender benders, the damage that drunk drivers create is enormous and catastrophic and can be seen in everything from property damage, to critical bodily injuries, or even death. That’s why these drivers who are found liable have to deal with much more serious consequences, and the damages that are attached can be tremendous. When you think about the financial numbers involved, a hard-nosed, proactive legal team is often needed to help protect the plaintiff and make sure they get proper compensation for their loss so they can eventually heal and recover from this tragedy. Along with all this, drunk driving accident cases usually include numerous people or parties who have some degree of responsibility for the accident, and each defendant will have their own case filed against them, making sure they face justice for their part in the drunken driving wreck.

Liable Parties in a Dallas Drunk Driving Wreck

When determining those who are liable for a drunk driving accident, the first person will be the driver. Anyone whose actions lead to an accident that results in someone being injured or dying can be held responsible for that person’s harm or death. That’s because every driver owes a legal duty to other motorists to make sure they’re safe and protected on the road. When this duty is broken, and leads to injury or death, then that party can be found liable and have to compensate the damages the victim has, be it through a personal injury or wrongful death lawsuit. Translated: Even if the driver wasn’t drunk but still caused a wreck that injured you or killed a loved one, they would still be held responsible for the wreck. But if we’re talking about a negligent motorist exhibiting negligence, then odds are high that someone else will also be liable, such as a bar or restaurant.

These establishments are said to be vicariously liable for a drunk driving accident if a link can be established that shows their actions were part of a series of actions that eventually resulted in the drunk driving accident. This is covered legally by the Texas Civil Practices and Remedies Code, and called the Texas dram shop law. Establishing a relationship between an irresponsible bar and drunk driving accident is complicated, even moreso for those firms that haven’t been involved in many Texas dram shop cases. At the same time, clearly showing this link with these cases is crucial, because that particular business will then be faced with assisting a plaintiff with a proper amount of compensation that’s determined by their role in the accident. Having over two decades of experience working Texas dram shop causes of action, Irving drunk driving accident lawyer Michael Grossman and his group at Grossman Law Offices are ready to look into a drunk driving accident and figure out if the establishment in question played any part in the horrible auto accident.

Why is the Bar Liable?

Those who don’t know much about the Texas dram shop law become shocked when they realize that a bar or establishment can be deemed vicariously liable for someone’s choice to drink and drive. Many probably think that since that business has no control over a patron, then they shouldn’t face any punishment after that person leaves the premises. However, there are many valid reasons for Texas dram shop law and why bars and other establishments must be held accountable in these situations.

The Bar’s Responsibilities in Serving Alcohol

The purpose of the Texas dram shop law is not to shift the liability from the drunk motorist to the bar or restaurant. The drunk driver must still face punishment for their accident that injured, and possibly killed, someone, despite whether or not an establishment was a contributing factor. The purpose of the Texas dram shop law is for the good of society, and to make sure those establishments that serve alcohol are more responsible with their customers and how they sell alcohol to them.

For example, Texas law prohibits adults to be in public, including driving, with a blood alcohol content level that surpasses .08%. The law clearly says that those individuals are a safety risk to themselves and others nearby, and we can’t expect those individuals to make logical choices because of their BAC level and how it’s influenced them. That’s why Texas law prohibits a bar or restaurant from over-serving a customer to a degree they surpass that mark of .08%. If that customer is over-served and that person causes an accident that leads to an injury or someone dying, that establishment can be found partially liable. However, over-serving happens for a multitude of reasons, whether’s it a bartender wanting better tips to a waiter working a double-shift and ignoring obvious signs of intoxication. Since that drunk customer can’t make a rational choice about their ability to driver, that duty falls on someone else, which is why Texas dram shop law is there to keep those businesses in check in case their choices played a part in a drunk driving accident happening. That kind of liability also is in effect if a bar allows a patron to drive away, or if they sell alcohol to minors.

If this still comes across confusing when we’re discussing vicarious liability, let’s consider this illustration: Say you just underwent surgery, which involved anaesthesia. Would that doctor let you leave soon and drive home before the anaesthesia had worn off? That kind of decision would be ignorant on the doctor’s part, and could lead to you or someone else being hurt, or someone dying, because of your mental and physical state. In this scenario, the doctor would be deemed vicariously liable for whatever accident you had created. In that same way, any establishment serving alcohol can be found responsible if they were part of a drunk driving accident.

It also must be noted that bars, restaurants and any other business serving alcohol can’t plead ignorance on these matters, since each business, if they want to legally be able to serve alcohol, must obtain a liquor license via the Texas Alcoholic Beverage Commission. To maintain this license, the business has to continue and adhere to guidelines set forth about distributing and serving alcohol. Along with that, bartenders, waiters and servers that are employed here must be involved in extensive training where they are taught how to spot signs of intoxication and are also told about their legal responsibilities in providing alcohol to customers. That’s why anyone, or any business, that legally gives customers alcohol can’t try to evade responsibility with the stupid defense in a Texas shop law.

Establishments like restaurants and bars must also have rules in place about keeping watching with their customers’ alcohol intake, which usually involve intricate records that include the total quantity of alcohol provided and type that’s been consumed in their business. Some ways to keep up with these amounts range from tally sheets, to various colors used with glasses or coasters, sometimes even hand signals, so servers are aware of what’s being served, and the quantity, while they’re working. Besides these steps, bars also have to have ways of dealing with drunk customers. Most of the time, managers will be on top of the matter, and won’t let the person keep getting drinks, and will sometimes provide them food (which helps soak up the booze) or a free taxi cab ride home. They’ll stand by and make sure that customer is safely inside and leaves too. In some cases where a customer may sneak in alcohol, like through a flask, the manager will do what’s necessary to get that from the customer.

What Are the Signs of Intoxication?

So a customer doesn’t get too much alcohol served to them, it’s critical for servers and bartenders to be knowledgeable about how to watch out for intoxication and carefully watch those they’re serving. Some signs are easy to spot, like slurred speech, drowsiness, sudden aggressiveness, nonsensical thinking, or other unusual behavior. However, some customers can hold their liquor and it will be much tougher to see if they’re intoxicated, even though they probably are. In those times, a waiter has to watch and be aware of how many drinks that person’s had, since they can still be drunk even though you won’t see any apparent signs. The normal tool that’s used in these cases for drunkenness is that a customer shouldn’t be allowed over two, 20-ounce pints of beer an hour, two glasses of wine, one shot of liquor or a shot of some form of cocktail. If these guidelines are ignored, chances are that customer will surpass the legal .08% blood alcohol content level.

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

The role of Texas dram shop law isn’t for the plaintiff to get their entire compensation straight from the establishment that served the alcohol. Dram shop law exists to make sure these businesses are found somewhat liable in a drunk driving accident, which gives those filing a lawsuit the chance to be compensated from the drunk motorist and the business that played a role in the wreck. Each defendant will then be liable for potentially compensating the plaintiff in relation to their degree of liability in the incident. Let’s say a plaintiff is dealing with $1 million in damages, and a bar is found liable for 10 percent of that, which means they would only have to award the plaintiff $100,000. The motorist, on the other hand, would foot the rest of it at $900,000. If there were only a lawsuit against the bar, then the total compensation would shrink and couldn’t assist the victim for the damages they’re facing. The bar or restaurant will never be faced with 100 percent of the liability, and never be faced with compensating a plaintiff for all of the damages, since they weren’t completely at fault for the accident happening. Texas dram shop law isn’t supposed to hold a bar totally responsible for a drunk driving accident, but instead is there to ensure defendants are held accountable for their part in contributing to an injury-related or fatal drunk driving accident.

What Does Proximate Cause Mean?

When you’re dealing with Irving drunk driving accidents, the phrase “proximate cause” may be one that’s thrown around with regularity. This term is used with a defendant that didn’t directly cause an accident, but played a role in it. In drunk driving accidents, a proximate cause could be a gentleman’s club that acts with negligence in serving alcohol. Other examples range from third-parties that played a role in the accident, like the maker of a safety device that doesn’t work. If another business can be proven to have played a part in an accident that resulted in injury or death, then the proximate cause will become an additional defendant that joins the other defendant that directly caused the wreck.

What is the Safe Harbor Defense?

Many times when a bar is tabbed as potentially liable in a Texas drunk driving accident, the defense team used by the bar or another establishment will turn to the safe harbor defense. For this to work, the defense attorneys must be able to show that this business rigorously followed all the state’s rules when it comes to alcohol serving. If it’s found that they were compliant, then that bar or restaurant is granted safe harbor and won’t be subjected to a lawsuit. However, defense teams for these establishments will be aware of this tactic, and will seek to show this business did follow the rules (when they actually didn’t) so that a personal injury or wrongful death claim can be tossed out. In these cases, it’s essential to get help from a veteran Irving drunk driving accident lawyer like Michael Grossman and his team at Grossman Law Offices to conduct an in-depth investigation so all those responsible can be located and face justice for their negligence.

Irving Drunk Driver Accident Attorney Michael Grossman Can Help You Seek Fair Compensation from All Liable Parties

Determining those responsible in a Texas drunk driving accident can be overwhelming for young, novice law firms, but Grossman Law Offices has developed a track record with dram shop causes of action that spans 20 years. With that experience, we’re capable of figuring out whether a bar or some other business has any degree of responsibility in a drunk driving accident. If those businesses had no involvement at all, we’ll turn our attention to other parties so you can get adequate compensation for your injury or loss stemming from a drunk driving wreck.

You can reach us at 1-855-326-0000 (toll free) for a free legal consultation, and to also discover what your legal options are so you can turn your full attention to the healing process. Along with focusing on the compensation for your damages you’re facing, you also must make sure those responsible for this drunk driving accident face justice and prevent them from harming anyone else in the future with another tragedy like this.