Who Is Potentially Liable and How Do You Establish Responsibility?
You’ve been involved in a motor vehicle accident and you’ve suffered significant losses. You may be unable to work or may have medical bills that are not covered by insurance. You may have so much pain or discomfort that you can’t do many of the things you love.
When the police investigate the causes of the accident, they learn that the motorist who caused the crash was under the influence of alcohol at the time of the crash. How will that potentially affect your ability to recover compensation for your losses? Let’s take a look.
What You Must Prove to Recover Compensation in Any Personal Injury Lawsuit
To get damages (monetary compensation) for any losses sustained in an accident, you must show that:
- The defendant (person from whom you seek compensation) engaged in unreasonable conduct
- Which caused an accident
- Which resulted in your losses
While the defendant’s arrest and conviction for drunk driving will not automatically meet the test for negligence, it’s highly likely that a jury will consider it unreasonable to drink and drive, and will find the defendant liable. It’s important to understand, though, that there may be multiple parties with legal responsibility for causing any accident.
The Texas Dram Shop Laws
In Texas, as in virtually every state, there are laws, commonly referred to as “dram shop” laws, which impose liability on third parties when an intoxicated or impaired person causes injury or harm. The Texas Dram Shop Act applies to both commercial establishments and social hosts. Under the provisions of the Texas Dram Shop Act, a bar, tavern, restaurant or other commercial enterprise (and its employees) may be found liable for serving alcoholic beverages to a person who was obviously intoxicated, should that person cause an accident while under the influence of the alcohol served. As a general rule, businesses that sell alcohol to go are not liable if a person purchases liquor, consumes it elsewhere, and then causes an accident. Party and social hosts may also be responsible for accidents caused by minors to whom they illegally provided alcohol.
How Do You Establish Liability in a Drunk Driving Case?
To establish liability against a drunk driver, your attorney will typically introduce evidence collected by the police, such as a blood alcohol test or a field sobriety test. There may also be testimony from eyewitnesses. In a claim against an establishment under the Texas Dram Shop laws, you may need testimony from other bar patrons, from the bartender, from surveillance cameras or from people who observed the defendant entering or leaving the establishment. Because the personal injury claim is a civil, rather than a criminal, proceeding, you will only need to prove the dram shop claim by the weight of the evidence (not beyond a reasonable doubt).
Contact the Experienced Drunk Driving Accident Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have more than 40 years of experience successfully representing victims of personal injury in Texas. We know how to fully protect your rights when you have been involved in any type of motor vehicle accident, including a crash caused by an impaired driver. We are seasoned trial lawyers who can anticipate the tactics of defense counsel and take preemptive measures to help you pursue full and fair compensation for all your losses. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
