Hit by a Drunk Driver? Why the Bar May Be Responsible
Imagine you're driving home, following all the traffic rules, minding your own business. Suddenly, out of nowhere, a car swerves into your lane and hits you. Later, you find out the driver was drunk. It's a terrifying experience that can leave you feeling frightened, helpless, and overwhelmed. Not to mention, injured and in pain.
But did you know that, in some cases, the bar where the driver was drinking could be held responsible for the accident?
As an attorney practicing since 1975, Steve Brannan believes that in some cases, bars and establishments serving alcohol could share liability in drunk driving accidents. If that is true in your case, you must seek full compensation and hold all parties responsible accountable.
Understanding Dram Shop Laws
Dram shop laws seek to reduce drunk driving and promote responsible serving practices by holding establishments accountable. These statutes allow victims of drunk driving accidents to sue establishments that serve alcohol to the intoxicated driver.
In Texas, if an establishment serves alcohol to a visibly intoxicated person, they can be held responsible for any resulting damage or injuries caused by that person. This could include medical expenses, property damage, and even emotional suffering.
In cases where the intoxicated person posed as sober or was already intoxicated when they arrived, the establishment might not be held liable However, proving that an establishment failed in their duty requires solid evidence, such as witness testimonies or surveillance footage.
How to Prove a Bar's Responsibility
To hold a bar accountable, you need evidence. The more evidence you have, the stronger your case will be. This could include witness statements, security footage, and receipts showing the amount of alcohol served.
Expert testimony from professionals who can interpret the evidence and establish a correlation between the intoxication level and the establishment's negligence can significantly bolster your claim.
Expert testimony from toxicologists and other experts might be required to establish how much alcohol the person consumed and how it could have affected their ability to drive.
Witnesses, such as other patrons or employees who saw the person being served, can play an important role in proving that alcohol was served to a visibly intoxicated person.
Other kinds of evidence include financial records from the bar, which can show the amount and timing of alcohol sales to the individual. You could also use time-stamped social media posts or text messages made by the intoxicated person to provide context.
Subpoenaing phone records could reveal calls or messages made while still at the establishment, potentially indicating intoxication. Gathering and preserving all possible evidence early in the process is necessary for building a compelling case against the bar.
The Legal Process
The legal process involves several steps, such as filing a claim with evidence, negotiating settlements, and potentially taking the case to trial to ensure fair compensation for the damages incurred. Let's take a closer look at these steps.
Filing a claim: This involves submitting detailed information about the accident, the driver, and the bar in question.
The investigation: Once a claim is filed, an investigation will be conducted to gather all relevant evidence. This includes interviewing witnesses, reviewing security footage, and obtaining medical records, among other things.
Settlement or trial: Many cases are settled out of court, but some may go to trial. In either scenario, having a competent legal team can make all the difference.
Discovery phase: During this phase, both parties exchange information pertinent to the case. This process includes the collection of documents, depositions, and interrogatories. Discovery may uncover evidence that supports claims of negligence or liability.
Pre-trial motions: Before the trial, either party may file pre-trial motions to resolve specific issues. This might simplify the trial or even result in a dismissal of the case. Common motions include those to exclude certain pieces of evidence or to compel the other party to provide additional information.
The trial: If the case goes to trial, both sides will present their arguments, submit evidence, and call witnesses to testify. The plaintiff must convince the jury of the bar's negligence and its contribution to the drunk driving incident. Expert witnesses, such as toxicologists or accident reconstruction specialists, can be pivotal in this phase.
Post-trial motions and appeals: At the conclusion of the trial, either party may file post-trial motions or appeal the decision. Post-trial motions can request a new trial, alter the judgment, or challenge the sufficiency of the evidence presented. If an appeal is filed, a higher court will review the case to determine if legal errors were made that could have affected the outcome.
Why Should Bars Be Held Accountable?
There are several reasons why you should consider holding a bar accountable for its role in a drunk driving accident:
Establishments that face legal consequences for their actions are more likely to enforce responsible serving practices. By holding bars accountable, you can help prevent future incidents.
Victims of drunk driving accidents often face significant physical, emotional, and financial burdens. Holding all responsible parties accountable ensures they receive fair compensation.
When bars and restaurants follow responsible serving practices, the entire community benefits. Fewer drunk drivers on the road mean safer streets for everyone.
Bars and other establishments that prioritize responsible serving practices foster a safer and more trustworthy community environment.
Legal accountability serves as a strong deterrent against over-serving patrons, reducing incidents of drunk driving and promoting a culture of accountability within the hospitality industry.
Liquor Laws in Texas
Knowing how alcohol laws work in Texas can help you understand the responsibilities and legal obligations of places that serve alcohol.
Serving Alcohol
In Texas, it is illegal to serve alcohol to a visibly intoxicated person. Establishments that violate this law can face serious legal consequences such as fines, suspension of the establishment's liquor license, and even criminal charges.
Legal Drinking Age
Establishments caught serving alcohol to individuals under the legal drinking age of 21 or allowing them to consume alcohol on the premises may face heavy fines, license revocation, and possible jail time for those directly involved.
Comparative Negligence
Comparative Negligence is a legal principle that allows the liability for an accident to be shared among multiple parties, including the injured person, based on their respective levels of fault. In Texas, if a plaintiff is found to be more than 50% at fault for the incident, they are barred from recovering any damages.
Happy Hour Regulations
To encourage responsible drinking, bars in Texas are prohibited from offering unlimited drinks for a fixed price or drinks at a reduced price during specified hours. They cannot organize events that promote rapid alcohol consumption, such as drinking games or contests.
Legal Help Is Here When You Need It
Attorney Steve Brannan takes a personal interest in each client, aiming to secure full and fair compensation for injuries suffered. If you've been hit by a drunk driver, you don't have to face the consequences alone. The Law Office of Steve Brannan is here to serve clients in Odessa, Texas, Midland, Big Spring, Pecos, Andrews, and the West Texas area.
Remember, holding all responsible parties accountable not only helps you but also makes our community safer. Let's work together to create a safer, more responsible environment for everyone. Reach out for more information or to schedule a consultation.