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Automobile Accident Case

Houston Drunk Driving Accidents

Houston Drunk Driver Accident Attorney Michael Grossman on Texas Dram Shop / Liquor Liability Law

If you’ve been injured in a Houston drunk driving accident or have lost a loved one due to an alcohol-related accident in South Texas, you likely have merit in seeking compensation for your injury or loss through a personal injury or wrongful death lawsuit.

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However, many people in that situation are unaware of the effects of Texas dram shop law when an alcohol-serving establishment such as a bar or restaurant is involved in a drunken driving wreck. If such an establishment can be proven to have been negligent in their care for their patrons or for public safety, such a bar or restaurant could be held partially liable, in addition to the drunken driver, for an injury or death that occurs as a result of a drunken driver leaving their premises. While this legal notion may appear confusing at first, there are rational reasons behind Texas dram shop law, and Houston drunk driving accident attorney Michael Grossman provides the following article to further elucidate why these types of laws exist in Texas.


The Severity of Drunk Driving Accidents

Noting the severity of drunk driving accidents in Texas may be a pointless endeavor as news stories regarding fatal drunk driving accidents occur far too often in Houston and throughout the state of Texas. Drunk drivers can cause immense amounts of property damage, personal injury, and loss of life. Such damage is often much more extensive than what is caused in a wreck that occurs without a connection to alcohol. As such, an injured victim or bereaved family may often require quite a substantial sum in compensation in order to be fully and fairly compensated for their injury or loss. Furthermore, a Houston drunk driving accident can often have multiple liable parties that may have violated several laws. In such instances, having an experienced Houston drunk driving accident lawyer like Michael Grossman on your side can help you in seeking full compensation for your injury or loss.


Drunk Driving Accident Defendants

Assessing liability, or who’s to blame for an accident, is often one of the first issues addressed in any personal injury or wrongful death lawsuit. In Texas drunk driving accidents, the drunk driver will be the first liable party. In causing a drunken driving wreck resulting in injury or loss of life, a drunk driver has violated the legal duty they owed to the victim for the victim’s safety while on the road. As such, they can be held accountable for their negligent behavior through a personal injury or wrongful death lawsuit in which the injured victim or bereaved family can seek compensation from the liable party for their injury or loss.

However, Texas drunk driving accidents can have other liable parties in the form of a negligent alcohol-serving establishment due to Texas dram shop law. Such negligence can be displayed when a bar or restaurant over-serves a patron such that they exceed the legal Texas blood alcohol content level of .08% or if the alcohol-serving establishment allows an intoxicated driver to leave their premises behind the wheel of a vehicle. If such an entity was involved leading up to a drunk driving accident, a bar or restaurant can be held vicariously liable for the accident and will be held proportionately responsible for awarding a percentage of compensation to an injured victim or bereaved family based on the portion of their role in the accident.


How is a Texas Bar or Restaurant Implicated in a Drunk Driving Accident?

Many people are sometimes confused by the fact that an alcohol-serving establishment can be held even partially liable for a drunk driver’s decision to drink and drive. After all, a bar cannot control a patron’s actions. Popular opinion assumes that a drunk driver should take full responsibility for their actions. However, according to Texas liquor liability law, a bar or restaurant does bear some responsibility for a patron’s actions due to the ways in which alcohol can affect a person.

Texas dram shop law does not seek to hold a negligent alcohol-serving establishment wholly accountable for a drunk driving accident, but it does work to ensure that such an entity recognizes their role in being able to contribute to such an accident. While the drunk driver will bear liability for a Houston drunken driving collision, a bar could bear liability of they were negligent in some fashion. Such liability is assessed because the state considers a person with a blood alcohol content level in excess of .08% to be incapable of making rational decisions. In other words, such an intoxicated individual cannot be trusted to know whether or not they’re capable of driving. As such, the responsibility for both the safety of the patron and the safety of the public lies with the alcohol-serving entity. This is one of the reasons why Texas dram shop law forbids a bar or restaurant from over-serving alcohol to a patron such that they bypass a .08% blood alcohol content level.

Imagine the following example in regards to the vicarious liability that an alcohol-serving establishment may hold in connection to a Texas drunk driving accident: A person goes to see a dental surgeon to have their wisdom teeth removed and is given anesthesia for the procedure. The doctor allows the patient to drive off of their premises before their anesthesia has worn off. Would you want to be in the car with such a person? If such a drug-intoxicated individual caused a crash resulting in injury or death, the dental surgeon could be held liable for their negligence in allowing their patient to leave while still under the influence of anesthesia. The same type of liability exists when a negligent bar or restaurant is involved in a Texas drunk driving accident.


Seeking Compensation From a Bar or Restaurant

Many people believe that Texas dram shop law exists so that an injured victim or a bereaved family can sue an alcohol-serving establishment for one-hundred percent of their incurred damages. However, this cannot be done since the bar or restaurant will only hold partial liability for a drunk driving accident. As such, they will only be accountable for a certain portion of compensation based on their involvement in the wreck. For example, if a victim incurs $1,000,000 of damages and a bar is held to be 20% responsible for the accident, the bar will be asked to compensate a victim with $200,000, with the rest made up by the drunken driver or any other liable parties. Texas dram shop law is not intended to unfairly punish a bar or restaurant, but works to hold all liable parties accountable for their particular role in the drunk driving accident.


Proximate Cause in Houston Drunk Driving Accidents

Proximate cause relates to the causes for an accident. Defendants in Houston drunk driving accidents who are not the direct cause of an accident causing injury or death are known as proximate causes. For example, if a sedan swerves to avoid a drunken driver and the sedan strikes another car causing injury or death, the drunken driver could be said to have been a proximate cause of the accident since their erratic driving caused the sedan to swerve, resulting in someone’s injury or death. Likewise, a bartender or server can be a proximate cause to a drunk driving accident if their negligent behavior contributes to a drunk driving wreck. In other words, proximate causes are often those with liability who are not immediately involved in the accident or the direct cause of the accident.


Server and Bartender Responsibilities

Servers and bartenders at alcohol-serving establishments cannot plead ignorance to the laws contained within Texas alcohol liability law. Such entities must obtain a license through the Texas Alcoholic Beverage Commission in order to serve alcohol. Before receiving such a license, the servers will have undergone training where they are fully informed of the guidelines, responsibilities, and rules that they must follow in order to maintain their licensure. During this training, they learn the signs to be on the lookout for in regards to drunkenness or possible inebriation.

Furthermore, bars and restaurants must have written policies in effect so that alcohol consumption can be properly tracked. Such methods can include tally sheets, color-coded glasses or coasters, hand signals, or electronic systems. The written policies should serve to inform all servers about the quantity and type of alcohol being consumed on their premises. In addition to consumption policies, an alcohol-serving establishment must also have policies in place to deal with drunk or intoxicated patrons. Often, a manager is sent to deal with such a situation. Alcohol will no longer be provided to such a person. If outside alcohol has been brought in, the manager will remove the alcohol from the person. Food may be provided so that unabsorbed alcohol can be neutralized. Lastly, transportation arrangements may be made so that the intoxicated individual does not drink and drive. The server or manager should then be sure to witness the intoxicated individual get into a taxi or cab.


Signs of Intoxication

While the signs of intoxication are often readily noticeable by those who have witnessed prior, similar incidents, servers and bartenders are trained to look out for people who show signs of obvious intoxication, such as slurred speech, lack of coherent thought, drowsiness, lack of stability while walking or standing, aggressive behavior, or other similar actions. When such issues are seen, alcohol consumption must be cut off. However, some drinkers can mask the effects of drunkenness due to their ability to “hold their liquor,” so to speak. In such instances, a bartender or server is still responsible for ensuring that such a customer is not allowed to over-drink by maintaining a close watch on that person’s amount and type of consumption per hour. According to the standard, a person will become intoxicated past the .08% legal blood alcohol content limit if they exceed, in one hour, two 20oz beers, or two glasses of wine, or one shot of liquor or a shot of a cocktail made with liquor. If such an experienced drinker shows little to no sign of drunkenness, but later causes a drunk driving wreck resulting in injury or death, a bartender or server could still be held partially liable for the accident, even if the obvious signs of intoxication were not readily apparent before the patron drove off the premises.


The Safe Harbor Defense in Texas Drunk Driving Accident Cases

Defense attorneys for alcohol-serving establishments involved in Texas drunk driving accidents will employ the safe harbor defense, both in cases where the defense is actually applicable and in cases where it is not. The safe harbor defense claims that a bar or restaurant did everything they could in order to follow State guidelines and regulations in regards to their serving of alcohol and their protection of their patrons and of the public. If such an establishment is proven to have been compliant, then they will not be held liable for a drunk driving accident. On the other hand, negligent bars and restaurants may attempt to claim the same defense in the hopes that their negligence will not be discovered. This is when having the help of an experienced Houston drunk driving accident attorney like Michael Grossman can assist you in seeking compensation from a negligent bar or restaurant that is attempting to skirt liability for their role in a drunk driving accident. With 20 years of experience in litigating Texas drunk driving accidents, Michael Grossman and his team are familiar with the processes, investigations, and questions that must be asked in order to determine the validity of a bar or restaurant’s claim in regards to their liability for a drunk driving accident.

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Contact Houston Drunk Driving Accident Lawyer Michael Grossman Today

Texas dram shop laws can be somewhat complex, but they serve a valuable purpose in holding alcohol-serving establishments up to a high standard so that their negligence cannot continue to contribute to the epidemic that is drunk driving. When such a bar or restaurant is negligent in their duties and contributes to an injurious or fatal drunk driving accident in Houston or elsewhere in South Texas, an injured victim or a bereaved family can seek compensation for their injury or loss through a personal injury or wrongful death lawsuit against the liable parties involved, which may include the drunk driver as well as an alcohol-serving establishment. The Texas drunk driving law firm of Grossman Law Offices can come alongside you during this trying time in order to ensure that such entities are held accountable for their negligent behavior so that you can stand to receive full and fair compensation for your injury or loss. Contact us at 1-855-392-0000 (toll free) for a free legal consultation to discuss the details and merits of your case, as well as to have your questions answered regarding your possible legal options. We want to help you seek fair compensation so that you can get back to your life without having to suffer further financial strain because of a Houston drunk driving accident.


Some of Our Most Recent Successful Cases
$109,500.00 Recovery - Third-Party Dram Shop Accident (Broken Leg)
Recovery for passenger who suffered broken leg in a drunken driving accident.
Total Recovery:
$109,500.00
Attorney Fees:
$41,000.00
Litigation Expenses:
$30.00
Confidential Recovery - Wrongful Death / Automobile Accident
(policy limits) Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated a state, and struck the decedent who died on the scene.

The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers' demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant' insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm's history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00
$100,000.00 Recovery - Third-Party Dram Shop Accident (Broken Leg)
(policy limits) Recovery for pedestrian who suffered a broken leg when he was hit by a drunken driver.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$1,000.00
$300,000.00 Recovery - Wrongful Death / Third Party Dram Shop
(policy limits) An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle's occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.
Total Recovery:
$300,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$0.00
$100,000.00 Recovery - Third-Party Dram Shop Accident (Broken Arm)
Recovered for client injured in a liquor liability accident.
Total Recovery:
$100,000.00
Attorney Fees:
$40,000.00
Litigation Expenses:
$5,000.00
$550,000.00 Recovery - Wrongful Death / First Party Dram Shop
A young woman lost her life after a bar over served her to more than three times the legal limit resulting in her burning to death in a single-vehicle accident. Witnesses stated that she was so intoxicated that she could barely make it to her vehicle without assistance. Through litigation, our attorneys ascertained the necessary evidence to prove that the establishment provided alcohol to an obviously intoxicated person, thus resulting in her ultimate demise.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$25,000.00
$350,000.00 Recovery - Wrongful Death / First Party Dram Shop
Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over served alcohol at a South Padre Island bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.

The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.

The defendants then asserted allegations that the decedent's minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.

The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar's encouragement of the over service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bar tenders who over served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.

Once the safe harbor defense was defeated, the defendants argued that the decedent's BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over served. Eyewitness testimony refuted this.

Additionally, our firm's testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent's BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital's medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.
Total Recovery:
$350,000.00
Attorney Fees:
$140,000.00
Litigation Expenses:
$40,000.00
$337,500.00 Recovery - Third-Party Dram Shop Accident (Punctured Colon and Soft Tissue Injuries)
Our client suffered a punctured colon and numerous soft tissue injuries in an alcohol-related car accident. The accident occurred as the defendant driver crashed his car into a concrete median. The plaintiff, a passenger in the vehicle, alleged that the defendant driver was over served alcohol to such an extent that he was several times the legal limit. As such, a claim was brought against the defendant driver and the bar which over served him. A settlement was reached with the defendant driver and the plaintiff turned his focus on the bar in question. The case was resolved successfully through litigation. Based on the egregious conduct of the bar and it's numerous TABC violations, the defendant's liquor license was revoked soon after the case was resolved.
Total Recovery:
$337,500.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$3,750.00

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