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When Can Someone Face Liability for Serving Alcohol Resulting in a Drunk Driving Accident?


— May 18, 2022

Texas and certain other states have a Dram Shop law which can impose liability on certain commercial venues such as bars and restaurants who serve alcohol to customers who are clearly intoxicated.


Fort Worth, TX – Civil liability for drunk driving crashes can potentially extend to others aside from the individual driver based on additional laws. However, in most cases it is usually best to attempt to hold the person who actually caused the crash responsible rather than other parties, as these laws have more limited applicability than standard motor vehicle crash cases filed in civil court.

Attorneys near me can provide more specific detail about any matters related to suing drunk drivers after a collision. 

The driver who caused the crash

Fort Worth DWI accident lawyers have the ability to sue any drunk driver through a process that is similar to handling most other motor vehicle accident lawsuits. They can file a complaint that outlines the facts surrounding the crash and states why the defendant driver is responsible. This complaint that starts the lawsuit also lists all of the financial losses sustained by the plaintiff after the accident such as their healthcare costs, lost wages, and pain and suffering. This is the structure of a standard negligence case that is used routinely by personal injury lawyers. 

The social host law

There is a separate law in Texas that deals with liability for someone who hosts events at a private residence or event that serves alcohol, but this is a fairly specific law. The social host law says that the person serving alcohol must have been at least 21 years old and the damage must have been caused by a minor who was under 18 years old at the time. Furthermore, the law also states that the person who served the alcohol must not have been the minor’s parent or guardian, and the adult knowingly served the alcohol or allowed it to be served. As a practical matter, this means that the social host law can only be used by Fort Worth accident lawyers in situations where the accident was caused by a teenager      

Dram shop laws

Neon sign saying Bar; image by Alex Knight, via Unsplash.com.
Neon sign saying Bar; image by Alex Knight, via Unsplash.com.

Texas and certain other states have a Dram Shop law which can impose liability on certain commercial venues such as bars and restaurants who serve alcohol to customers who are clearly intoxicated. However, this is also limited to cases where there is a finding that the venue knew and appreciated the potential dangers that could be caused by the intoxicated person, and that the intoxication of the person was the proximate cause of the accident. This also only imposes liability on the venue for their contribution to damages by over-serving, not for the entire accident.

Accident lawyers are available in Texas

USAttorneys.com is a directory that helps people with the process to find a lawyer in all cities around the country. Those who need to get connected with a legal professional immediately can call 800-672-3103 for assistance. 

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