When a drunk driver causes a crash, your first instinct might be to hold the driver responsible. However, for many victims in Texas, the driver may have minimum insurance coverage (or even none at all). Their insurance policy might not be enough to cover the medical bills, lost wages and long-term rehabilitation costs.
In some cases, Texas law allows you to pursue compensation from the bar or venue that over-served the driver beforehand. You may recognize this as a “dram shop” case and it could be a path to recovery in drunk driving cases.
What is the Dram Shop Act?
Under the Texas Dram Shop Act, businesses that sell alcohol can become legally liable for the injuries an intoxicated patron causes. Texas recognizes that alcohol vendors bear responsibility when they illegally over-serve patrons who then cause devastating crashes.
In a DWI case, you can hold these businesses financially accountable. Bars and restaurants usually have larger insurance policies than individual drivers. This gives you a better chance to recover the money you need.
When are bars liable?
You cannot automatically recover compensation from an alcohol vendor. You generally must prove three things to hold them responsible:
- Sale to patron: The establishment sold or served alcohol to the driver
- Obvious drunkenness: At the time of service, the driver was “obviously intoxicated,” meaning they present a clear damage to themselves and others
- Clear causality: Over-service of alcohol was a proximate cause of the crash and your injuries
“Obviously intoxicated” is a high standard. It often requires evidence of visible signs such as slurred speech, confusion or aggression.
Securing critical evidence
In a Dram Shop case, the evidence can be digital and time-sensitive. Establishments can overwrite or lose data such as surveillance footage shortly after an incident. Others may rotate staff frequently, which can make tracking witnesses difficult.
If you suspect a bar or restaurant over-served the driver who injured you, do not wait. Consider reaching out to a legal team who can perform a thorough investigation or preserve documentation for you. The sooner you act, the more legal strategies you can assess for your case.
