Tyler Drunk Driving Accident Lawyer

From our experience litigating these types of claims, we can undoubtedly say that drunk driving accidents are simply different than other personal injury causes of action. Not only are the potential legal remedies different, but victims feel a different level of emotional pain from these types of incidents. Car and truck accidents are at least somewhat common, and we are all aware of the mistakes drivers make on the roadway. But drunk driving accidents are a whole different level of negligence, where a driver made a choice to drive intoxicated, and in many cases, a bar or restaurant facilitated this choice.

This gets us into the material difference in a drunken driving accident. If a bar or restaurant served an individual who was already intoxicated, and that intoxication is found to be the cause of the accident, the alcohol provider can be sued for their portion of liability too. This is called a dram shop cause of action, wherein both the driver and the bar is held responsible. This article will explain:

• What a dram shop cause of action is,
• The goals of a dram shop claim,
• What kind of compensation you can receive, and
• Who can help you through this difficult time.

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What is a “Dram Shop” Claim?

A dram shop claim is a cause of action that you can bring against an establishment that provides alcohol to patrons, such as a bar, club, or restaurant. You are bringing a personal injury or wrongful death claim against them to hold them accountable for the role they played in the DWI accident. In order to hold a drinking establishment liable, you need to prove that they provided alcohol to an already obviously intoxicated person who posed a danger to himself or others, and that the person’s intoxication was the proximate cause of the accident.

Proof of these two elements not only allows a drunk driving accident victim or their family access to potentially more compensation, but also shows a lack of responsibility on behalf of the Texas bar. You see, part of being a licensed liquor provider, is actually conducting business by the rules of that license. Think of it this way, you have a drivers license and are required to follow the rules of the road. The same is true for businesses who serve alcohol. So when we break the rules on the road, and are caught, we are punished, and if caught enough, perhaps even lose our license. Part of our job as a Tyler, Texas personal injury law firm is to hold defendants responsible for their actions.

A dram shop claim is a cause of action that you can bring against an establishment that provides alcohol to patrons, such as a bar, club, or restaurant.

The Goals of a Drunk Driving Accident Claim

We somewhat touched on this in the last section, but the goals of a dram shop claim are twofold. First and foremost, a drunk driving accident leaves victims in a vulnerable state — and with debts they probably never dreamed of incurring. So unequivocally, the first goal is to compensate our clients as much as we possibly can. It’s often been said that the purpose of tort law is to make victims of negligence whole again, and that is exactly what we try to do. At the end of the day, every accident victim wants roughly the same thing, to feel as they did before the incident occurred.

Secondly, the over-service of alcohol by bars and restaurants has got to stop. Again, we as a society have to bind these establishments to the rules under which they are supposed to be operating (most of which were devised by the Texas Alcoholic Beverage Commission). So our hope, then, is that the lawsuits we file reverberate through the service community. Maybe, just maybe, another bar will think twice about serving that extra shot to a slurring, stumbling individual. Or maybe, bars will start training their staff more than once-a-year, and help new or experienced waitstaff identify the signs of intoxication and when to stop service. It would be excellent if one day these causes-of-action dry up, and all bars act appropriately, but until that day, we must hold the ones that do not, accountable.

What Kind of Compensation Can I Receive?

If you were injured in a Texas dram shop case, you can get what are called personal injury damages. These are damages that compensate you for the physical injuries that you receive. For example, if you suffer broken ribs as a result of the accident, then you will be able to have all of your medical bills associated with the treatment of your broken ribs compensated to you. This obviously includes past medical bills incurred, but also the rehabilitation treatment it may take moving forward.

You can also receive compensation for any lost wages you incurred as a result of your injuries. For example, if you are unable to work for 12 weeks because of your injuries and you make $800 a week, then you could receive compensation for $9,600 as lost wages. You can also receive compensation for damages like pain and suffering, and mental anguish.

If a loved one was killed in a Tyler drunk driving accident, the family may seek wrongful death damages. In such an event, certain close family members of the victim will be able to seek compensation for the impact the victim’s death will have on their lives. They can receive damages for loss of expected income, loss of companionship, loss of advice and counsel, as well as “survival damages” which include the victim’s pain & suffering, medical bills, and other such losses.

How We Can Help You

Your best chance for success in a dram shop case is by having an experienced attorney representing you. Our Tyler drunk driving accident lawyers at Grossman Law Offices have over 24 years of experience and have helped hundreds of clients with their car accident cases. We have a reputation of going above and beyond to hold bars accountable for their actions, and have even forced some to close down so that they would not be able to harm any one else. If you or a loved one has suffered an injury in a drunk driving accident, you should call one of our Tyler drunk driving accident lawyers for a free consultation at 1-855-258-1111.

Through our experience with dram shop cases, our Tyler Texas attorneys have created a list of commonly asked questions which we have answered for you about your potential dram shop case. They include:

• How do you prove a dram shop case?
• What is a third party dram shop case?
• Who can you sue in a dram shop case?: Bars.
• Who can you sue in a dram shop case?: Restaurants.
• Can I sue a bar for wrongful death?
• Who can bring a wrongful death claim?
• What type of compensation is available in a dram shop case?
• What are some common defenses used in a dram shop case?
• What is the statute of limitations in a dram shop case?

 

Information presented by Tyler drunk driving accident attorney E. Michael Grossman