El Paso Dram Shop Liability Lawyer

Texas Drunk Driving Accident Attorney

Did you know that it is illegal to drive in Texas if alcohol is impairing your ability to drive, even if your blood alcohol concentration is less than the legal limit? For those 21 and over, a BAC of 0.08 percent or higher means you are legally intoxicated. Anyone under 21 cannot have even a minimal amount of alcohol detected in their systems.

When a drunk driver causes a car accident, injury victims may be able to recover compensation from that driver, holding them responsible for their negligence. But what about the people or establishments that provided the alcohol? In some cases, the Texas Dram Shop Act makes it possible to recover compensation from these parties. Working with a personal injury attorney can ensure that all liable parties will be held accountable.

Explaining the Dram Shop Act

Bars, restaurants, clubs, liquor stores, and other establishments that sell or serve alcohol are not supposed to allow patrons who are obviously intoxicated to buy more alcoholic beverages, according to rules set by the Texas Alcoholic Beverage Commission. They should also refuse to provide alcohol to persons under 21. When these businesses or their employees knowingly serve alcohol to minors or adults who are visibly already drunk, the Dram Shop Act makes them responsible as a contributing party to the actions of someone who injured others.

Social hosts generally cannot be held liable for serving alcohol to adults or their own children who go on to cause car accidents. However, it may be possible to hold them responsible for serving minors who are not their own children.

The Texas Safe Harbor Act

This Texas law protects some businesses that provide alcohol against being held liable if a patron they served causes a drunk driving accident. Establishments meeting these standards may be exempt from liability:

• Their employees must go through specific training before being allowed to serve or sell alcohol.
• The server who provided the alcoholic beverage to minors or an already intoxicated adult did complete the required responsible alcohol service training.

If the establishment can show that it meets these requirements, you will need to prove that the server who provided the alcohol was encouraged in some way to sell it. This encouragement could be direct or indirect.

Because of this provision, it is sometimes challenging to hold establishments liable for contributing to causing a drunk driving crash. A car accident lawyer with experience handling dram shop liability claims can improve your chances of a favorable outcome.

Explaining Liability in Drunk Driving Accidents

When a car accident happens, each driver is assigned a percentage of fault for causing the collision. Their fault makes it possible for you to collect compensation as long as your degree of fault is less than 51 percent. If the Dram Shop Act is involved, the list of potentially liable parties expands to include the business that served alcohol.

Stating that someone is liable will not convince their insurance company to give you any compensation unless you have evidence to support your claim. Proving fault under the Dram Shop Act requires an investigation. While most people lack the legal knowledge and resources to conduct a proper investigation, Cal Mundell Law Firm, PLLC routinely investigates injury accidents and gathers evidence to hold the responsible parties liable.

As an added bonus, Attorney Cal Mundell previously represented insurance companies, so he has inside knowledge about how they operate. He will use this knowledge to your benefit.

Damages Available in Drunk Driving Crashes

If you qualify, you may be able to receive reimbursement and compensation for a variety of damages, such as:

• Medical bills
• Lost wages
• Property damage
• Ongoing care
• Pain and suffering
• Diminished quality of life

Contact our firm 24/7 to request your free consultation. We will discuss your case, give you information and legal advice, and estimate how much compensation you might be eligible to receive. If you choose to work with us, we will fight to protect your best interests and hold all at-fault parties accountable.

Contact Our El Paso Dram Shop Liability Lawyer

Cal Mundell Law Firm, PLLC focuses on personal injury cases, so we understand the applicable laws for drunk driving accidents in Texas. Cal will fight for your right to fair compensation, and you will not pay us any fees unless we win. Contact us at 915-250-0700 to schedule your free consultation.