Houston Dram Shop Lawyers and Car Accident Attorneys
The Houston dram shop lawyers at The Cobos Law Firm have extensive experience in dram shop liability cases. While many are unfamiliar with the term “dram shop,” you will likely have experienced the effects of this law if you have ever been to a bar or a nightclub.
In the old days, a “dram” was a unit of measurement utilized by taverns and bars to sell alcohol. Effectively, when you buy drinks at a bar, they sell you a dram of alcohol. Dram shop laws are in place to hold bars or restaurants accountable when they serve customers in excess. More importantly, dram shop laws allow victims of intoxicated drivers to pursue compensation from the establishment that provided the driver with alcohol.
Standing alone, a car accident has the potential for tragedy. When you bring intoxication into the mix, it makes things much worse. From wrongful death to personal injury, our Houston dram shop attorneys are here to advocate for you if you have been the victim of someone else’s intoxication. Contact us today for a free case evaluation.
Were You Injured By a Drunk Driver?
Any Houston DWI lawyer will tell you how seriously the state of Texas takes drunk driving. When you sustain injuries or have medical treatment after being hit by a drunk driver, you might not realize how common it is for an individual to drink and drive. Unfortunately, it is quite common in the Lone Star State.
Oftentimes, drivers drunk at the time of an accident have minimum insurance policies that do not cover the damages. However, when the drunk driver is over-served at the tavern, you might have a case against them as well. Typically, this would be covered by their liquor liability insurance.
While dram shop cases are not simple in Texas, our Houston personal injury attorneys have the experience required to take them on. Beyond the free evaluation, these cases often require an initial investigation to see whether pursuing a lawsuit against a club or bar is possible.
What Is the Purpose of Dram Shop Liability?
When a drunk driver causes an accident, the potential for harm increases sevenfold. Studies link alcohol to inhibited judgment, delayed reactions, and other factors that may lead to a car wreck. Moreover, their insurance policy limits may not cover the damages needed to recover.
Dram shop liability allows you, as the victim, to pursue compensation from a tavern, club, bar, etc. This opens the potential to recover the damages you need to cover losses or medical treatments.
The Liability of Clubs and Bars
Typically, the burden of proof lies with the plaintiff. The person bringing the lawsuit must prove that individual who caused the incident was obviously intoxicated at the time alcohol was provided to that individual, and that the individual who caused the incident were a danger to themselves or others.
Moreover, the plaintiff must prove that the over-serving by the bar was a cause of the damages. An experienced Houston dram shop lawyer knows that an early investigation is essential to protect your rights.
Texas Social Host Liability
Social host liability is the general term for Texas law regarding serving alcohol. The Texas social host law allows people who serve alcohol at parties to be held liable in certain situations. These are the two circumstances.
- When hosts knowingly serve alcohol to minors on their property.
- When the hosts supply car keys to an intoxicated adult on the host’s property.
This law requires that the host know the minor’s age. Without this knowledge, the host cannot be held liable so long as their assumption of age is reasonable.
Early Investigations Are Essential
Oftentimes, it is crucial to hire a dram shop lawyer soon after the drunk driving accident. This allows them to initiate an investigation as soon as possible. Bars, clubs, and taverns have certain safe harbor defenses available, so it is important that your personal injury attorney start the investigation immediately.
Because the condition of the drunk driver is a major factor in the lawsuit, the earlier your attorney starts the investigation the better. In turn, it is more likely to result in a successful outcome. Similar to other car accident cases, eyewitnesses are quite important to dram shop cases.
Contact Our Houston Dram Shop Lawyers
At The Cobos Law Firm, our drunk driving accident attorneys have experience handling cases against businesses that over-serve a customer who later has an accident. When you or your loved one is injured in a drunk driving accident, you need to know your options. These accidents have the potential for great damage, from serious injuries to wrongful death.
When the intoxicated person does not have adequate insurance, you can bring a club or bar to court to hold them accountable. In some cases, this is the only route for civil justice in serious injuries or wrongful death accidents.
At our Houston personal injury law firm, we offer free consultations and case evaluations. This is an opportunity for us to learn about your case. However, it is also a chance for you to learn about us. You need a dram shop lawyer in Houston who will advocate for your rights.
When negligent parties are held liable for injuries and damages, you have what you need to recover. Contact us today and let us show you how we can help.