Plano Drunk Driver Accident Attorney

Have You Been Hurt in an Accident with a Drunken Driver in Plano or Richardson? Call and Discuss Your Case With Our Attorneys Today

Nightmares become reality when people become involved in drunk driving accidents. These kind of awful accidents happen to more than 30 percent of the U.S. population during some part of their lives.

A person dies at the hands of a drunk driver approximately every 45 minutes a day. These incredible statistics illustrate the brutal truth of the incredible degree of damage that a drunk driver can inflict through their negligent, stupid, and completely careless behavior. If you’ve been hurt in a Plano drunk driving wreck, or have lost a family member to a drunk driver’s negligent choices, you will probably have the ability to get compensated for your injury or loss through a personal injury or wrongful death lawsuit. However, lots of people who’ve dealt with such a horrific loss have usually decided not to call a lawyer, or may be unfamiliar with the steps in doing so. Besides that, the victims may just not know about what their exact legal options are. For example, do you know that establishments that serve alcohol can be forced to give you compensation depending on their part in a Plano drunk driving accident leading to your injury or a loss? This article explains Texas dram shop law, along with your legal options in seeking compensation from a liable party or parties so that you can start recovering. Drunk driving accident lawyer Michael Grossman offers this information to those of you in Plano and Richardson so you can make a wise decision about the next steps to make in the legal process.

The Unique Aspects of Drunken Driving Accidents

Compared to normal car wrecks, drunk drivers can cause an incredible amount of damage that is often very obvious in property damage, severe personal injury, or loss of life. Because of this, these drivers wind up facing extremely serious penalties, and the damages sought in Richardson drunk driving accident cases will usually be pretty enormous. With such a huge sum at stake, an aggressive legal approach is usually needed to make sure that a plaintiff is properly compensated for their injury or loss so that they can truly heal from the accident. Along with that, drunk driving accident cases usually have numerous liable parties who will share responsibility for the accident, and each particular defendant must have an individual case built against them, holding them liable for their negligent role in the Plano drunken driving accident.

Liable Parties in a Plano Drunk Driving Wreck

The first probably suspect in a Plano drunk driving accident is the motorist. 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 the case because every motorist owes a legal duty to every other driver to ensure their safety while on the road. When such a duty has been broken, leading to an injury or death, then the responsible party can face consequences for the damage sustained by the victim, either by a personal injury lawsuit or a wrongful death lawsuit. Basically, if the negligent motorist was completely sober but still caused an accident leading to your injury or death, they could still be held responsible for the accident. But when a negligent driver is drunk, there’s often a greater chance that an extra party will be responsible, such as an alcohol-serving establishment like a bar or restaurant.

These businesses are held vicariously liable for a drunk driving accident in Richardson if a link can be made showing their negligent behavior led to a chain of events that resulted in a Richardson drunk driving wreck. The law that pertains to this issue is part of 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 tough, especially for law firms that aren’t used to working Texas dram shop cases. However, establishing a connection in these types of cases is critical since a negligent alcohol-serving establishment will then be liable for providing a plaintiff a proportionate amount of compensation in regards to their part in the accident. With two decades of experience in cases involving Texas dram shop causes of action, Plano drunk driving accident attorney Michael Grossman and his team at Grossman Law Offices are skilled at investigating a Plano drunk driving accident in order to determine if a negligent alcohol-serving entity may have played a part in a drunk driving wreck.

Why is the Bar Liable?

Many people that aren’t familiar with Texas dram shop law are usually shocked to discover that a bar or restaurant can be found vicariously liable for another individual’s choice to drunk and drive. It’s assumed that since an alcohol-serving establishment has no control over a person then they shouldn’t be held responsible for that person’s behavior after they leave their establishment. However, there are logical reasons behind Texas dram shop law and why bars and restaurants can be held responsible in these matters.

The Bar’s Responsibilities in Serving Alcohol

Texas dram shop law isn’t intended to take the pressure off a drunken driver for their negligent actions and shift it squarely to a bar or restaurant. A drunk driver will still be held liable for an accident causing injury or death, regardless of whether or not a bar or restaurant was a factor, like when a person has got intoxicated while at home and then drives drunk. However, Texas dram shop law exists to ensure the public safety by making sure that alcohol-serving establishments are liable in their involvement with customers and their sale of alcohol.

For example, it’s against the law in Texas to be in public, which includes driving, with a blood alcohol content level in excess of .08%. Texas law states that such a person serves as a danger to both themselves and those near them, and that individual can’t be counted on with making sound decisions because of the manner in which a blood alcohol content has influenced them. That’s why Texas dram shop law forbids a bar or restaurant from over-serving a customer so they exceed a blood alcohol content level of .08%. If that kind of over-serving happens and the drunk customer causes a wreck that leads to injury or death, the bar or restaurant could be found partially liable for that accident. The bad thing is that over-serving happens for a litany of reasons, ranging from a bartender’s attempt to get better tips to an exhausted server missing the obvious indications of a drunk customer. However, since a drunk customer can’t make a sound decision about their driving ability, another mature individual is left with that choice, which is why Texas dram shop law exists to hold such negligent businesses liable for their behavior that they may have contributed to a Richardson drunk driving accident. The same kind of liability happens when a bar intentionally lets a drunk customer leave their premises, or if an alcohol-selling establishment lets minors buy alcohol.

If this kind of vicarious responsibility still doesn’t computer for you, let’s think about this example: If you had an operation and were provided anesthesia for the procedure, would the doctor let you drive home before the effects of the anesthesia had worn off? Such a decision would be highly wrong behavior by the doctor, and could likely result in you or others being injured or dying if you drove under such an intoxicated state. In such an example, the physician would be vicariously liable for any accident that you may have been liable for. Likewise, an alcohol-serving establishment can be held responsible if they have played a role in a Plano drunk driving accident.

Furthermore, bars, restaurants and other alcohol-serving establishments can’t use an ignorance please when it comes to these issues either, since each of these companies, if they want to legally serve alcohol, have to get a liquor license through the Texas Alcoholic Beverage Commission. To maintain this license, the business must maintain compliance with the rules and guidelines concerning alcohol distribution and serving as noted by the state. Along with that, bartenders, waiters and servers that are employed at these kinds of establishments must participate in training where they learn the signs of intoxication and are told about their legal duties in serving alcohol to customers. As a result, any individual or business participating in legally selling alcohol to a patron can’t claim ignorance when it comes to Texas dram shop law.

Restaurants and bars must also have written guidelines established when it comes to monitoring their patrons’ consumption of alcohol, which require specific records to be kept about the quantity and type of alcohol consumed on their premises. Good ways of tracking consumption include tally sheets, color-coding of glasses or coasters, or even possible hand signals, so that servers are told about what’s being served, and the degree being served, while on their clock. Besides all that, a bar or restaurant must have a good way to deal with drunk customers. A lot of times, the manager will have to quickly solve a particular situation, cutting that individual off from drinks, and by providing food (which can soak up excess alcohol) or a ride home from a cab or taxi service, making sure that intoxicated customer actually gets in the cab and leaves too. In cases where a customer sneaks in their own booze, like using a flask, the manager will make sure the alcohol is taken from the patron.

What are the Signs of Intoxication?

Servers and bartenders have to know the signs of intoxication and have to keep a careful watch over their patrons to make sure that customer isn’t served to the point of intoxication. Some of these signs are pretty apparent, like slurred speech, nonsensical thought, drowsiness, suddenly aggressive behavior, or other obvious actions. However, there are some customers that can “hold their liquor”, as the phrase goes, and may not show obvious signs of intoxication when they are just that. In those cases, a server has to keep track of the amount of drunks given to a customer, since the customer can still be drunk even if they’re not showing apparent signs of such a thing. The usual standard for totaling that drunkenness is that one individual shouldn’t be served more than two pints of beer an hour, or two glasses of wine, or one shot of liquor or a shot of a liquor based cocktail. If these limits are surpassed, odds are that a patron will eventually go over 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 intended to get all of the compensation for a plaintiff’s damages from the establishment in question. Dram shop law is used to hold these businesses somewhat liable for a Plano drunk driving accident, allowing a party to get compensation from both the drunk driver and the alcohol-serving establishment that may have played a role in the accident. Each defendant will then be held liable for potentially awarding compensation to a plaintiff based on their degree of liability in the Richardson drunk driving accident. For instance, if a plaintiff has sustained $1 million in damages, and a bar is found 10 percent liable, then the bar would be ordered to give $100,000 in damages to the victim, and the drunk driver, if ordered to cover the remaining 90 percent, would have to pay $900,000. If legal action was only taken against the bar, then the compensation offered would be considerably less than what is necessary to address the damages a victim has incurred. Furthermore, the bar or alcohol-serving establishment will never hold all of the liability, and therefore will never be held liable for 100 percent of the compensation, since the business wasn’t totally responsible for the accident. Texas dram shop law isn’t intended to hold a bar entirely accountable for a Richardson drunk driving accident, but is meant to make defendants liable for their part in contributing to an injury-related or fatal Richardson drunk driving accident.

What Does Proximate Cause Mean?

In Plano drunk driving accidents, the phrase “proximate cause” may be tossed around often. This term is used when a defendant isn’t a direct cause of a Plano accident, but played a role in the incident. In Plano drunk driving wrecks, a proximate cause is usually a negligent business that serves alcohol, like a bar. Other proximate causes can include third-parties that may have also played a role in the accident, like the maker of a faulty safety device. If an outside party can proven to have been a part of an accident that led to injury or death, then that proximate cause will turn into another defendant along with a defendant that directly caused the accident.

What is Safe Harbor Defense?

When an alcohol-serving establishment is alleged to have been a potential third party in a Richardson drunk driving accident, a defense counsel for the bar or restaurant will likely turn to the safe harbor defense. In order for that to be successful, the defense team has to show that the alcohol-serving establishment adhered to all the state guidelines pertaining to the serving of alcohol. If that compliance is proven, then that bar or restaurant is granted safe harbor and will be shielded from a lawsuit. However, defense attorneys for negligent bars or restaurants will be aware of this tactic as well, and will try to show that their business followed the law when they actually didn’t so a personal injury or wrongful death claim can be tossed out. In these scenarios, it’s crucial to the outcome of your Plano drunk driving accident case to have the legal assistance of a veteran Plano drunk driving accident lawyer like Michael Grossman and his team at Grossman Law Offices to conduct an in-depth investigation so all the responsible parties can be discovered and held liable for their negligent actions.

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

Identifying all the responsible parties in a Plano drunken driving accident can be complicated for inexperience law firms, but Grossman Law Offices has two decades of experience in cases pertaining to dram shop causes of action. That’s why we’re usually able to figure out if an alcohol-serving establishment is responsible for any part of a drunk driving accident. Furthermore, if no such business was involved in a Plano drunk driving accident, we’ll make sure to bring any other responsible to justice so you can be properly compensated for your injury or loss.

Call us toll free at 1-855-326-0000 for a free legal consultation and to discover more about your legal options so you can begin the recovery process. Along with getting compensated for your damages you’ve sustained, you’ll also be working to hold those negligent parties liable for their actions so that similar drunk driving accidents don’t harm additional people in the long run.