.png){kind=small}
(956) 276-8819
‘When a drunk driving accident occurs, the immediate focus is usually on the intoxicated driver. Their choice to get behind the wheel while impaired is a clear act of negligence. However, in the state of Texas, the law recognizes that the responsibility may not rest solely on the driver’s shoulders. Sometimes, the establishment that served the alcohol is also to blame. This is where Texas Dram Shop Laws come into play.
If you or a loved one has been injured in a collision involving an intoxicated person, understanding these laws is crucial for your recovery. At the Law Office of Raul A. Guajardo, P.L.L.C., we believe that every negligent party should be held accountable. Whether you need a car accident attorney in McAllen, TX or an accident lawyer in Edinburg, knowing how to navigate these complex claims can make a significant difference in your case.
What is a “Dram Shop”?
The term “Dram Shop” dates back to a time when alcohol was sold by a unit of measurement called a “dram.” Today, a dram shop refers to any commercial establishment that holds a license or permit to sell and serve alcoholic beverages. This includes:
- Bars and nightclubs
- Restaurants and grills
- Liquor stores and convenience stores
- Sports stadiums and event venues
Under the Texas Alcoholic Beverage Code, these businesses have a legal obligation to serve alcohol responsibly. If they fail to do so, they can be held liable for damages caused by the person they overserved.
The “Obviously Intoxicated” Standard
Winning a dram shop case in Texas isn’t as simple as proving a driver was drunk. You must meet a specific legal threshold known as the “obviously intoxicated” standard. According to Texas law, a provider can be held liable if:
- At the time the alcohol was sold or served, it was apparent to the provider that the individual was obviously intoxicated to the extent that they presented a clear danger to themselves and others.
- The intoxication of that individual was a proximate cause of the damages suffered.
What does “obviously intoxicated” look like? In a legal sense, it involves visible signs that a reasonable server should have noticed, such as:
- Slurred speech or incoherent rambling.
- Bloodshot or watery eyes.
- Difficulty walking, stumbling, or lack of coordination.
- Aggressive or overly emotional behavior.
Proving this requires an experienced personal injury lawyer in Texas who knows how to gather evidence like surveillance footage, witness statements, and credit card receipts to show how many drinks were served in a short period.
The “Safe Harbor” Defense: A Shield for Businesses
Texas provides a protection for establishments known as the “Safe Harbor” defense (or Administrative Immunity). This law protects a business from liability if they can prove:
- The employer requires its employees to attend a TABC-approved seller training program.
- The employee who served the alcohol actually attended the training.
- The employer did not directly or indirectly encourage the employee to violate the law.
However, this defense is not invincible. If an owner or manager told a bartender to “keep the drinks flowing” despite a customer’s condition, or if the establishment has a history of violations, the Safe Harbor defense may be stripped away. Understanding how to know if you have a good personal injury case often depends on uncovering these internal business practices.Why You Need a Lawyer for Dram Shop Cases
Dram shop litigation is notoriously difficult. Unlike a standard car accident where the police report usually dictates fault, these cases require a deep dive into the hours leading up to the crash.
As your accident lawyer in Edinburg, we look for specific pieces of evidence:
- TABC Records: Checking if the bar has prior citations for over-serving.
- Receipts and Timestamps: Matching drink orders with the time of the accident.
- Social Media and Video: Finding footage of the intoxicated person at the establishment.
- Expert Testimony: Toxicologists can often determine a person’s blood alcohol content (BAC) at the time they were served based on their BAC at the time of the crash.
Navigating what happens after you file an insurance claim becomes much more complex when a third-party business is involved. You aren’t just dealing with one insurance company; you are dealing with the driver’s insurance and the establishment’s liquor liability insurance.
Why You Need a Lawyer for Dram Shop Cases
Dram shop litigation is notoriously difficult. Unlike a standard car accident where the police report usually dictates fault, these cases require a deep dive into the hours leading up to the crash.
As your accident lawyer in Edinburg, we look for specific pieces of evidence:
- TABC Records: Checking if the bar has prior citations for over-serving.
- Receipts and Timestamps: Matching drink orders with the time of the accident.
- Social Media and Video: Finding footage of the intoxicated person at the establishment.
- Expert Testimony: Toxicologists can often determine a person’s blood alcohol content (BAC) at the time they were served based on their BAC at the time of the crash.
Navigating what happens after you file an insurance claim becomes much more complex when a third-party business is involved. You aren’t just dealing with one insurance company; you are dealing with the driver’s insurance and the establishment’s liquor liability insurance.
Seeking Justice After a Tragedy
A drunk driving accident is a tragedy that could have been prevented. When a bar chooses profit over safety, they should be held accountable for the most common injuries from car accidents that follow.
In Texas, you have two years from the date of the accident to file a claim. However, in dram shop cases, time is of the essence. Surveillance footage is often deleted after 30 days, and witnesses’ memories fade. If you have been hurt, you need to act quickly to preserve the documentation you need to prove you were not at fault.
Let the Law Office of Raul A. Guajardo Help
At the Law Office of Raul A. Guajardo, P.L.L.C., we have years of experience helping victims of drunk driving accidents pursue the full compensation they deserve. We understand the nuances of the Texas Alcoholic Beverage Code and are ready to stand up to big insurance companies and negligent business owners.
If you are looking for a car accident attorney in McAllen, TX, or need guidance on how Raul Guajardo can help with your personal injury case, don’t hesitate to reach out. We offer friendly, compassionate, and professional legal representation to help you get your life back on track.
