Were You Hit by a Drunk Driver in Texas?
Our Attorneys Can Fight on Your Side
From a legal perspective, drunk driver accidents are different than
typical car accidents for a variety of reasons. The primary difference is due to the nature of Texas liquor liability laws whereby bars, restaurants, and alcohol retailers are held to a high standard with regard to the way that they sell or provide alcohol.
Many years ago the Texas legislature passed laws that made the sellers of intoxicating beverages liable for the actions of their customers under certain circumstances. This was voted into effect as a means of fairly compensating the victims of drunk driving accidents in the event that an accident did occur, but also as a way of reducing the number of accidents by going straight to the source; the bars that were serving people past the legal limit.
Before the liquor liability rules came to pass, the only recourse that the victim of a drunk driving accident had was to sue the driver that caused the accident. While that makes sense on paper, it essentially created a system whereby companies' financial interests were at odds with public safety. A bar had a vested interest in serving drinks to a patron which would make that patron a lethal weapon who was then capable of going out and causing harm to others. The only logical conclusion was to make the dram shop itself civilly liable so that they would have a vested interest in the safety of others.
What Can a Bar Not do and When are They Liable?
A bar, restaurant, or alcohol retailer has to apply for the right to distribute alcohol, similar to the way that ordinary citizens have to apply for the right to driving privileges. An alcohol retailer is granted this privilege on the condition that they meet certain reasonable safety standards. In particular, bars are required to have a system for the sale of alcohol in order to make sure that all drinks are accounted for and that no patrons are served to the point of intoxication. Contrary to what most people believe, it is actually illegal to be drunk in public in the state of Texas, and if a liquor retailer contributes to that intoxication, they are in effect breaking the law.
However, different people respond to alcohol in differently based on their body chemistry, mass, and experience with alcohol so it is entirely possible that a patron can become intoxicated at a bar. When this occurs, a bar is expected to have a system in place for dealing with that intoxicated person in such a way that ensures their safety and the safety of the general public.
Any time that a person leaves a bar in an intoxicated state, in all probability it is the result of a violation of the rules that bars are required to uphold as part of maintaining their privilege to sell alcohol. By breaking those rules, they are acting in a negligent fashion and are ultimately liable for any injuries or death that occur.
Texas Drunk Driver Accident Cases Require an Experienced Attorney
While the above-mentioned elements may seem fairly straightforward, dram shop cases are anything but simple. You stand virtually no chance of recovery without the help of an experienced Texas drunk driving accident attorney. The major obstacles are: the perception of the jury, strong defense techniques, the strong likelihood of a third party being included, and the insurance companies that are emboldened by recent changes in the law.
Jury Perception
The strength of a civil case is all based on how a potential jury would value the liability and the damages of the case. Good lawyers know that they can adequately explain to juries all of the complex technicalities of a particular case in order to convince them to rightfully award their clients with a fair amount of money. The problem is that juries tend to "not get" dram shop cases. In most of these cases, a drunken person hurts or kills someone. As such, that drunken person typically goes to jail. Juries often see that as justice being served and they are sometimes reluctant to offer further punishment, particularly directed toward the bar.
However,
our Dallas attorneys speak the jury's language. We have had numerous successful drunk driving cases and we excel at explaining complex legal matters in terms straightforward enough that juries feel compelled to see that accident victims are rewarded fairly.
Strong Defense Techniques
We represent accident victims only. However, there are many "hired gun" defense attorneys that do nothing but represent liquor retailers in these types of cases. There are only a few defense attorneys that handle these types of cases and this is the only work that they do. With such a rare focus and limited scope of practice, they are some of the strongest opposition that exist in the legal world. This makes dram shop cases too hot to handle for most plaintiffs firms.
But not our attorneys. Our firm has gone head to head with virtually all of the biggest defense firms in the realm of liquor liability law and we have secured numerous legal victories and have made
substantial recoveries. We we believe in helping those who were injured by a bar's negligence and we don't let our clients get muscled around by those who defend irresponsible alcohol retailers.
Designation of a Third Party
Most drunk driver accident lawsuits result in the intoxicated driver being designated by the defense as the largest contributing factor to the accident. In other words, they attempt to shift the blame entirely on to the drunk driver. While the drunk driver may very well be to blame in the accident, so is the bar, and an experienced attorney can help make sure that all of the responsible parties are brought to justice.
The ones who are pulling the strings of the above-mentioned defense attorneys are big, multi-national insurance companies. These corporations have
one agenda and that is to pay as little as possible to accident victims. The biggest advantage that they have is that in Texas, a jury cannot be told that there is an insurance policy that is applicable to a lawsuit. In other words, an insurance company can play dirty and a jury will never know about it. Additionally, the liquor liability laws have gradually become more restrictive. This has made these insurance companies bold and they feel inclined to take cases to trial that they would not have taken a risk on in the past. Knowing that they are facing considerable opposition from an experienced attorney is often the only thing that makes these insurance companies settle a case.
An experienced
Dallas drunk driver accident lawyer can help you build a strong case. For the past 20 years, the Dallas drunk driver accident attorneys of Grossman Law Offices have fought negligent bars and their insurance companies. We have successfully litigated hundreds of drunk driving accident lawsuits, both inside and outside of the courtroom. We have gone up against against drunk drivers themselves, negligent bars and other establishments, and every major insurance company in the nation. We have the first-hand experience necessary to help you determine the best course of action for your case. Our experience and winning track record are our greatest assets, as insurance carriers know who we are and will often cooperate with us so they do not have to face us in court. If you or a loved one has been injured to the negligence of a bar or other liquor retailer, contact a
Dallas drunk driver accident lawyer from Grossman Law Offices and make sure you receive the settlement you deserve.
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Questions answered by this article:
What do I do if I was hit by a drunken driver?
When is a bar liable for a drunk driver?