Getting Compensation for Your Injuries Under the Texas Dram Shop Law
Social Host Liability in Texas
Did you know that about a third of all motor vehicle accidents involve a drunk driver? The National Highway Traffic Safety Administration (NHTSA) also reports that about one of every three persons arrested for drunk driving is a repeat offender. One of the common consequences of a DUI conviction is a dramatic increase in auto insurance premiums. As a result, many people who cause accidents while under the influence of alcohol either have no insurance, which is a violation of Texas law, or carry only the most basic coverage. If you’re hit by an uninsured or underinsured drunk driver, and you sustain serious injuries, what can you do?
Texas Dram Shop Law
In Texas and 41 other states, there are laws, known as “dram shop” laws, that allow an injured person to recover compensation from the person or business that sold or served alcohol to a driver who subsequently caused an accident resulting in injury. The term “dram shop” comes from a measurement historically used in bars and taverns (a dram is equal to about 1/16th of an ounce).
The Texas dram shop law establishes liability for both licensees and sellers of alcohol. A person may be responsible if they have a license to sell or serve intoxicating beverages or if they otherwise sell beer, wine, or liquor to a person who subsequently causes an accident. So bars, lounges, clubs, and bartenders can be liable under the dram shop law, but so can restaurant servers, liquor store employees, catering staff, hotel staff, and convenience store employees.
However, there will only be liability if the person being served was “obviously intoxicated” at the time, such that their condition presented a “clear danger” to themself and others. Also, an injured person must prove that impairment by alcohol caused the accident that led to their injury or other losses.
Texas Social Host Liability Law
There are also laws in Texas that establish liability when a person consumes alcohol at a private party (without charge) and causes an accident. These laws are commonly referred to as “social host liability” laws. Unlike the Texas dram shop laws, though, social host liability laws in Texas don’t apply when the person consuming the beverages is 18 years of age or older. A social host is civilly liable in Texas only if they are over the age of 21 and serve alcohol to a person who is under the age of 18. Even so, the social host won’t be liable if:
- They are the parent, guardian, or spouse of the person being served; or
- They did not know that the person was a minor.
If the adult knowingly served the minor, or knowingly allowed the minor to be served, then the adult will be liable.
Contact the Proven Drunk Driving Accident and Injury Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we understand that a motor vehicle accident can change your life in an instant. For over 40 years, we’ve aggressively represented personal injury victims throughout the Lone Star State, including people hurt in wrecks caused by drunk drivers. In that time, we have collected hundreds of millions of dollars in judgments and settlements for injured people throughout Texas and nationwide. We will be at your side throughout the legal process, including the investigation of your accident, filing of a complaint, negotiating settlement, and if necessary, going to trial. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
