Recently, in the news was a very tragic story of a 24-year-old woman who became extremely intoxicated at a local bar and left causing a fatal accident. The woman was sentenced to 38 years in prison for her crime of getting behind the wheel while drunk and causing the accident. Reports indicate that the young woman must serve 35 years before she is eligible for parole in Texas.
Certainly, most of us would agree that the 24-year-old woman paid a high price with her own wife for getting so drunk that she did not really have a clue what she was doing while driving. Other reports indicate that authorities are looking into the conduct of a young man who purchase drinks for this young woman before she left the bar. Criminal responsibility is one part of the equation.
Civil responsibility is a separate matter. There is little doubt that the woman who is going to spend the majority of her life behind bars will be unable to pay any judgment that would be rendered against her. Auto insurance in Texas requires minimum liability coverage of $30,000. Texas has a huge number of uninsured drivers despite the mandate that requires liability coverage of all drivers.
Texas provides a mechanism for holding bars and clubs who sell alcohol for a profit, accountable for serving customers who were obviously intoxicated at the time the alcohol provider serve them additional drinks. The Texas Dram Shop Act provides the framework for a personal injury or wrongful death lawsuit against an alcohol provider under such circumstances.
This type of case is called a dram shop case, which is named after the old unit of alcohol called a “dram” that was sold in taverns in early times.
In any drunk driving accident that involves a serious injury or a wrongful death, one may consider looking into where the driver became intoxicated before the wreck. The dram Shop Act generally requires that the plaintiff prove that the club knowingly served an obviously intoxicated patron. Additionally, the plaintiff must prove that the accident was caused by the intoxicated driver and the damages they are seeking a direct result of that accident.
There are many variables to a dram Shop Act case and families who have lost a loved one or others who were innocent victims of a drunk driver, should consider speaking to a Dram Shop Act attorney as soon as possible after the car accident. Important evidence can include eyewitness testimony and that testimony is much easier to obtain early on after an accident.
If you or loved one have been injured by a drunk driver and would like to know your rights, options and remedies, call attorney Greg Baumgartner at the Baumgartner Law Firm for a free no obligation consultation. We charge no fee unless we recover money for you. (281) 587-1111
