Drinking and driving is a dangerous and illegal practice. Alcohol impacts concentration, motor skills, judgement, reaction time, and other skills necessary to operate a vehicle safely. If you are in an accident with a drunk driver, you could hold him or her accountable for your injuries—but you can also file a claim against the establishment that provided the driver with alcohol.
In these situations, you may be eligible for a dram shop lawsuit. At De La Garza Law Firm, our McAllen dram shop lawyer will work tirelessly to recover the compensation you deserve. Contact us online or call us at (956) 533-1426 to discuss your case during a free initial consultation.
Why Choose Us
- Our dram shop attorney only takes a limited number of cases at a time, ensuring that we can provide your case with the personalized attention and care you deserve.
- Our full-service firm will handle all aspects of your case on your behalf. We will consult with expert witnesses, deal with insurance companies, calculate compensation, and more.
- Our firm operates on a contingency fee basis for maximum affordability. If we do not recover compensation on your behalf, you will not owe legal fees.
What Is a Dram Shop Claim?
A dram shop claim refers to a civil case you can file against a bar, tavern, or another establishment that sells alcohol. If this establishment provides alcohol to a person who later causes an injury to another, it could be liable for the victims’ damages.
Texas Dram Shop Laws
According to Texas Alcoholic Beverage Code Section 2.01, bars, taverns, and other alcohol retailers may be liable for a victim’s damages if it sold, provided, or served alcoholic beverages to an obviously intoxicated customer. If the customer then got into an accident and caused injury to another person, that victim could file a lawsuit against the establishment.
Texas’s dram shop laws do not apply to social hosts. If a person attends a party and a friend overserves alcohol to him or her, that friend would not be liable if the drunk person causes an accident. However, if the social host served alcohol to a minor, the adult may be liable for any accident the drunk minor causes.
Damages Awarded in Dram Shop Claims
A drunk driving car accident can lead to serious, debilitating injuries. Through a dram shop lawsuit, you can hold a business accountable for the losses you sustained, allowing you to recover from your injuries. You can collect compensation for your economic, or financial losses, as well as your non-economic damages, which are also known as pain and suffering.
Common types of damages in dram shop claims include the following.
- Lost wages and loss of future earnings
- Past and future medical expenses
- Disability accommodations to your home or vehicle
- Property damage, including vehicle repairs
- Emotional distress
- Post-traumatic stress disorder
- Funeral and burial expenses, if applicable
- Loss of quality of life
- Loss of care, companionship, and consortium
Contact a McAllen Dram Shop Attorney
In Texas, you have two years from the date of your accident to file a dram shop lawsuit. If you do not file within this time period, the court will likely dismiss your claim. In these situations, it is important to speak to a McAllen dram shop lawyer as soon as possible.
If you believe you are eligible for a dram shop claim, speak to a McAllen personal injury attorney at De La Garza Law Firm. We will work tirelessly to hold the bar, restaurant, or liquor license holder accountable for your accident. Contact our firm today to schedule your free consultation and discuss your legal options.
