In drunk driving accidents, people often don’t release how many people can be held liable. Obviously, the drunk driver is most likely liable for some if not all of the damages, but what about the person who sold him the alcohol? Many people don’t know that establishments that sell alcohol, like bars and restaurants, might share some of the blame when it comes to drunk driving. After all, its the bartender’s responsibility to make sure you’re not over drinking.
While these types of personal injury claims are hard to prove, it is not impossible for an experienced attorney. In Texas, dram shop laws prohibit servers and shop owners from serving drinks to patrons who are already intoxicated. These laws exist as a method of protecting the public from the uninhibited actions of a drunken patron.
Proving Your Claim
Here’s what your lawyer will do to hold a drinking establishment responsible for your injuries. In order to build a successful case against a bar, one or both of the following points will need to be proven:
The drunk driver was underage and should not have been served any amount of alcohol. Bars are required to ID customers, and dram shop laws prohibit serving alcohol to minors. If an underage driver caused your accident and you can prove they were served a drink at the bar, you may have grounds for a lawsuit.
The person who caused the accident was clearly intoxicated when drinks were served. Witness statements, credit card or sales receipts or knowledge of the whereabouts of the driver on the date of the accident can provide helpful evidence. For example, if the drunk driver you hit you frequented several bars just prior to your accident, this may support a claim for obvious intoxication and a basis for negligence on the part of the bar.
When both the driver and the drinking establishment are to blame for your accident, the amount of compensation you are awarded will be based on the percentage of fault of each party. Generally, a judge or jury will decide how much liability they each bear.
Injured in a Car Accident? Call Begum Law Group
While expert witnesses aren’t always necessary, there are many cases where they are useful. If your case is more complex, you can count on Begum Law Group to reach out to our network of expert witnesses on your behalf. Contact us at 866-523-4167 today if you have been hurt in a car accident and are seeking skilled legal representation.