Drunk Drivers

---

Injury or death caused by a drunk driver is perhaps the most upsetting, anger-provoking of all kinds of personal injury cases. The thought of an innocent victim suffering serious or fatal injury at the hands of an irresponsible individual can evoke outrage among members of the community. At Jason C. Galvez, we aggressively pursue claims against irresponsible drinkers and the bars, nightclubs, and restaurants that improperly serve them. According to the National Highway Transportation Safety Administration, drunk drivers injured more than 250,000 individuals during 2005 (See Drunk Driver FAQ). Although the law can never replace a loved one, it does provide means of recovery for victims. Victims can sue the drunk driver under the general laws of negligence, but often the drunk driver is either uninsured or underinsured and has few, if any, assets to support a lawsuit.

Even if there is no way to pursue recovery against the drunk driver, there may be a way to pursue recovery against the person who provided the alcoholic beverage to the drunk driver. People who serve alcoholic beverages may be liable under Texas law for damages resulting from the consumption of alcoholic beverages. Under Texas' Dram Shop statute it must be "apparent" to the defendant "at the time" the alcohol is provided, sold, or served that the person consuming the alcohol is "obviously intoxicated to the extent that he presents a clear danger to himself and others. The "intoxication of the receipent" must also be a "proximate cause of the damages suffered."Tex. Alco. Bev. Code § 2.02. Liability may be imposed either under specific state laws ("dram shop acts") or under the general law of negligence. Dram shop acts ("dram" was once a common term for "liquor") are laws that impose liability for negligence on the sellers of alcoholic beverages for sales to persons under the legal drinking age or to those who are obviously intoxicated. Tex. Alco. Bev. Code § 2.02. A liquor store, bar or restaurant may be responsible for any damages caused by a person's drinking if it sold alcohol to an underage person or to a person who was obviously intoxicated. Tex. Alco. Bev. Code § 2.02.

Liability can attach to "social hosts" as well. A social host is an individual who serves alcoholic beverages in a social setting, such as a home or a party, or as where an employer serves alcoholic beverages at a company. The social host is not required to make sure that no one is consuming more alcohol than they can handle unless the host can reasonably be aware of a problem and prevent it. In Texas, however the social host cannot be held liable. See Smith v. Merritt, 40 Tex. Sup. J 377 (1997).

In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident involving a drunk driver, call Jason C. Galvez now at (979) 774-4529 or Toll Free 800.630.1299 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The personal injury information offered by Bryan, Texas personal injury Lawyer and contained herein, regarding Bryan, Texas personal injury statutes and Bryan, Texas personal injury claimants' rights, is general in scope. No Bryan, Texas personal injury attorney / client relationship with our Bryan, Texas personal injury attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Bryan, Texas personal injury lawyer regarding your specific inquiry. See Terms of Use.