Alright, we understand how that might sound TOO good to be true so allow us to explain how exactly this works:
For anyone who’s ever been in a car crash before, usually, it’s pretty simple to figure out who was the driver that caused the accident. The first car ran the stop sign and crashed into the second car, injuring themselves and the 2nd driver. The laws of the road tell us that it’s the first car’s fault. Easy enough right?
Let’s say the first driver was drunk after hours of drinking at home when they crashed into the second car; the cops come, arrest them and charge them with DWI. Obviously, it’s still the first driver’s fault for drinking, and subsequently crashing into another car while drunk.
Now let’s say the first driver was drunk after taking multiple shots at a local bar when they crashed into the second car. Logic dictates that it’s still ENTIRELY the first car’s fault for not controlling their alcohol, getting behind the wheel and crashing into someone else, right?
Not so fast.
In Texas, there are actually laws that protect both the driver of the second car AND the drunk driver of the first car ensuring they BOTH receive compensation for their injuries. These laws are called Dram Shop Laws and, as we have mentioned before, these are laws that every bar and restaurant DON’T want you to know about.
Before we dive any further into the subject, it is imperative that everyone reading understands that you should ALWAYS drink responsibly and NEVER drink and drive.
What Are Dram Shop Laws?
Bars and restaurants that serve alcohol are regulated by the Texas Alcoholic Beverage Commission (TABC) and the Texas Alcoholic Beverage Code, which are laws that govern the sale and serving of alcohol.
Here is what the TABC laws state specifically about how you can sue (bring a “cause of action”) a bar or restaurant for overserving you.
ALCOHOLIC BEVERAGE CODE
(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:
(1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
Essentially, what Dram Shop laws boil down to is that they assign liability to bars who overserve customers to the point to where they are too intoxicated, get behind the wheel and hurt themselves or someone else.
So to answer the question:
Can I Sue A Bar For Making Me Too Drunk To Drive?
If you crashed and injured yourself, absolutely. Bars and restaurants have a legal obligation to cut you off after it is clear that you are intoxicated.
Click Here to Read More -> Drunk driving accident lawyer
Call The McAllen Dram Shop Lawyers at Moore Law Firm Today
If you or a loved one was hurt in a car crash after they were overserved at a bar or restaurant, call the McAllen dram shop attorneys at Moore Law Firm at 1-956-631-0745 right now.
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