If you or a family member were injured in an accident with a drunk driver who had been drinking in a bar, restaurant, or nightclub, you may be able to sue the business that served him or her the drinks. This is a complex area of the law, and the Dallas dram shop attorneys at Crain Brogdon would be glad to provide a free consultation to review what happened and advise you on your legal options.
Crain Brogdon, LLP, is a nationally recognized Dallas law firm with a passion for helping our clients get the justice and compensation they deserve. We’ve been fighting for the rights of injured people since 2001 and have won a total of more than $355 million for our clients.
We have won more than $355 million for our clients.
Quentin Brogdon is the partner at Crain Brogdon who leads our dram shop attorney legal team. He is a board-certified trial lawyer with more than 30 years of experience. He served in leadership positions in numerous legal organizations, including as President of the Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Association of Plaintiff Interstate Trucking Lawyers of America.
He has published more than 75 articles on personal injury law and won awards from the State Bar of Texas Continuing Legal Education Program, the Texas Bar Foundation, and other organizations that recognized his excellence and commitment to clients and the practice of law. He’s been named a Texas Monthly Super Lawyer every year since its start and is a Fellow at several prestigious invitation-only legal societies, including the International Academy of Trial Lawyers.
We have a track record of success.
We have a track record of success and are proud of how we’ve helped our clients by obtaining substantial jury verdicts and settlements, including multi-million-dollar results. Our Dallas dram shop lawyers are dedicated to getting the best results possible for people who were injured by drunk drivers. For a free consultation, call us at (214) 522-9404.
Under Texas law, dram shop liability means that providers of alcoholic beverages may be held financially accountable if people they served drinks to cause harm to others because they drank too much. If the law applies in your situation, you may be able to sue the provider of alcohol in addition to suing the driver for damages.
The law, which is codified as the Dram Shop Act in Section 2.01 of the Texas Alcoholic Beverage Code, has several provisions that limit when it applies. If you were injured in an accident with a drunk driver, and you think you may have a dram shop claim, you should consult a dram shop liability lawyer to find out if the law applies to your situation.
Providers of alcohol are not automatically held responsible for serving a customer liquor if the customer leaves their establishment and causes an accident while drunk. The Dram Shop Act says that providers may only be held responsible for serving alcohol to someone 18 years old or older if “it was apparent … that the individual being …. served an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others.”
However, if the person providing the alcohol was 21 years old or older, and the person being served was under the age of 18, then the provider may be held liable if the young person caused an accident because of their alcohol consumption. In this situation, there is no requirement that the minor had been obviously intoxicated.
Businesses, typically bars and restaurants, can be held responsible for the harm their drunk patrons caused in the circumstances described above. However, social hosts – typically, people giving parties for their friends at home – are not held liable under the Dram Shop Act, unless all of these are true:
The Dallas dram shop lawyers at Crain Brogdon, LLP, would be glad to discuss your case with you and advise you on whether you have a good claim under the Dram Shop Act.
When you are injured (or a loved one killed) by a drunk driver, you may seek compensation, called “damages,” for all the expenses and losses the accident caused. These extend from the time of the accident, up to the present, and into the future, for as long as your accident-related expenses and losses are expected to last. These damages may include medical expenses, income losses, and “non-economic damages,” which include pain, suffering, and disability.
Under Texas law, you usually must file a dram shop lawsuit no more than two years after the day of the accident. If you miss the deadline, you may lose the right to sue for damages. However, you shouldn’t wait until the last minute. The longer you wait, the harder it becomes to find evidence. Witnesses forget what happened, and physical evidence decays. The sooner you get started on your case, the easier it will be to gather the evidence you need and the more time your dram shop lawyer will have to build a compelling case.
Below are some of the questions we are asked most often, along with our responses to them.
Is There a Dram Shop Law in Dallas, Texas?
Yes, there is a dram shop law in the Texas Alcohol and Beverage Code that applies in Dallas and throughout the state. The dram shop law gives you the right to seek compensation from a business that served alcohol to an intoxicated individual if that individual then harmed you because they had too much to drink.
How Much Compensation Can I Get in a Dallas Dram Shop Claim?
The amount of compensation you may receive will depend on how severe your injuries are, how much and what kinds of treatment you need, how long you are expected to need that treatment, whether you lost income because of your injuries, and what other ways your injury has affected you.
How Much Does a Dallas Dram Shop Lawyer Charge?
A Dallas dram shop lawyer will usually work on a contingency basis. That means you don’t pay any legal fees until you win your case. Then, the fee will be a percentage of your settlement or trial award.
Do I Need to Get a Lawyer for a Dallas Dram Shop Case?
It is strongly suggested that you hire an experienced Dallas dram shop attorney to handle your case to give you the best chance of receiving full and fair compensation.
What Damages Can I Recover in a Dallas Dram Shop Lawsuit?
You may be able to recover damages (compensation) for your medical expenses, lost income, physical pain, emotional suffering, and other expenses and losses relating to your injuries.
Are there Any Deadlines for When I Can File a Dram Shop Lawsuit in Dallas?
You usually have to file a dram shop lawsuit in Texas no more than two years after the day you were injured.
We hope that these answers help you to better understand Dallas dram shop claims. We recognize that this list is not comprehensive, and you probably have a lot more questions.
The Dallas dram shop attorneys at Crain Brogdon, LLP, are dedicated to helping people who were hurt in accidents caused by drunk drivers. We will fight to get you the maximum compensation possible, whether that is from the drunk driver, the bar or restaurant that served the driver alcohol before the driver hit the road, or both.
We will investigate what happened in the establishment where the driver was provided drinks and investigate the scene of the accident. We will gather evidence, including any eyewitness testimony, police reports, and, if needed, testimony from experts to prove who was legally at fault and responsible for the accident.
We will also gather evidence from medical records, testimony from doctors, and, if needed, testimony from vocational and economic experts to show the full extent of your expenses and losses that deserve to be compensated. We will build a strong case and fight vigorously for your rights in negotiations with the insurance company or in the courtroom.
We will guide you through the whole legal process, keep you informed, and gladly answer your questions. We don’t charge a fee until you win your case.
For a case review provided by an experienced dram shop lawyer, call us at (214) 522-9404.
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]