Yes. The Texas Dram Shop Law allows you to sue a licensed establishment that sells alcohol. But you must be able to prove that the defendant was visibly or obviously intoxicated and presented a clear danger to themselves or others when the bar sold or served them the alcohol, and that selling or serving them this alcohol was the actual cause of your loss from the Houston drunk driving accident.
In Texas, the dram shop can only be held liable for the share of fault in the drunk driving accident that a jury assigns to it. Unless the dram shop is found to be at least half responsible for causing your Houston drunk driving accident by serving the alcohol to the defendant, that establishment may not have to pay you anything at all.
In addition, the bar may take refuge in a “safe harbor” defense. The bar has a safe harbor if it can show that it had precise rules in place designed to prevent serving alcohol to intoxicated patrons, and that it followed these policies and procedures when serving the defendant. Generally, an establishment’s management and employees will stick staunchly to the safe harbor, whether it’s true or not. So you’ll likely need to find other witnesses that can attest to the bar’s actual procedures when serving your Houston drunk driving defendant.
That’s why it is so critically important to have a lawyer with extensive knowledge and experience with Houston drunk driving cases. Your lawyer could locate the witnesses and evidence you need to prove your claim. If the drunk driver is insolvent or without financial means (which is often the case), the bar may be your only hope of a financial recovery in the case. And you may have substantial expenses like funeral expenses after a fatal drunk driving accident in Houston. But, beyond actual expenses, it’s simply just to hold that drunk driver accountable for the emotional suffering he or she has caused your family by callously taking away an innocent young life so untimely from this Earth.
Call us if you need help in holding the defendant and the bar liable for the fatal drunk driving accident in Houston. Your legal consultation is free. And we take pride in our 12+ year track record of holding accountable those responsible for deadly drunk driving accidents in Houston. We’re adept Houston wrongful death lawyers with specialized knowledge and ability in fatal alcohol-related accident cases.
We’ve helped many other injured victims and grieving family members who needed justice and fair financial recompense following their undeserved drunk driving accidents in Houston. And we could help you too. It’s important to get an attorney on your case as soon as possible after the accident: to locate witnesses, and obtain and preserve the evidence you’ll need to win your case. So call today, and let’s hold those who killed your child accountable for their deadly actions.