Expert Testimony is Important Evidence in a Texas Dram Shop Case
When proving the liability of a bar who over-served a patron, experts in the field of alcohol sales, toxicology, and restaurant management can provide valuable testimony.
In this article, our drunk driving accident lawyers will finish our discussion regarding the role of expert witnesses in dram shop injury cases.
Questions Answered on This Page:
- What types of experts are retained in dram shop cases?
- Do I really need an expert witness in my dram shop case?
- Why injury victims need a smart and experienced attorney in dram shop lawsuits.
Experts Routinely Retained in Dram Shop Cases
Expert witnesses in dram shop cases are generally divided into two broad categories:
- Those necessary to prove that the intoxicated individual caused the incident that injured the victim and
- Those necessary to prove the existence, extent, and prognosis of the victim's injuries.
Expert Witnesses Necessary to Prove Causation
One of the essential elements that must be proven in dram shop lawsuit is that an establishment providing alcohol continued to serve the patron that caused the victim's injuries even though they were obviously intoxicated. As a result, causation expert witnesses are essential to the success of most dram shop cases.
Perhaps the most common expert retained in dram shop cases are accident reconstructionists, due to the fact that the majority of dram shop injury cases involve motor vehicle accidents. These experts are usually engineers, may have one or more advanced degrees, and are required to undergo extensive post-degree training on how to measure factors contributing to a vehicular collision. Common factors they analyze include lighting conditions, likeliness of driver error, and how the vehicles interacted by mapping and measuring skid marks, gouge and yaw marks, and the damage sustained by the vehicles involved.
Expert Witnesses Necessary to Quantify a Victim's Physical, Emotional, and Economic Damages
These "damages" experts are needed to prove to a judge and jury the existence and severity of the physical, emotional, mental, and economic injuries a dram shop victim sustains in a collision with an intoxicated driver. Some common experts include:
- Neuropsychologists
- Physicians and surgeons
- Life planners
- Vocational, occupational, and recreational rehabilitation specialists
- Economists
Do I Really Need Expert Witnesses in my Dram Shop Case?
Generally, any case involving a victim who has sustained moderate to severe injuries due to another party's wrongful behavior will need the assistance of one or more experts. There are two main reasons for the necessity of experts in dram shop injury cases: Texas law requires injury victims to prove the existence and severity of their injuries to a jury by a preponderance of the evidence and the defense will do anything to mitigate their liability.
Why Injury Victims Need a Smart and Experienced Attorney in Dram Shop Lawsuits
Simply put, even the most advantageous and illuminating information given by an expert witness won't help a dram shop victim's case if the jury doesn't understand what it means and how it applies to a victim's injuries. With that in mind, it's important that dram shop injury victims only retain an attorney who not only has the intelligence necessary to understand expert testimony but has the ability to clearly and effectively communicate that information to a jury that really benefits their case.
Grossman Law Offices Can Help You Recover the Compensation You Deserve
If you or a loved one has suffered moderate to severe injuries in a drunk driving accident and suspect that the other driver may have been over-served alcohol by an provider of alcoholic beverages, our nationally recognized attorneys may be able to help you recover the compensation you deserve.
Our attorneys have represented Texas' injury victims for over 25 years, and know how to effectively use expert witnesses in dram shop cases. For more information regarding the importance of expert witnesses in dram shop cases and for a free and confidential consultation, give us a call at (855) 326-0000.
Other articles about Texas dram shop cases that may be helpful:
- What Is Negligent Entrustment of a Vehicle to a Drunk Driver?
- How Do We Investigate Bars and File a Dram Shop Claim?
- How Can the TABC Punish Alcohol Vendors Who Unlawfully Serve Intoxicated Patrons?
