Dram Shop Act: What You Need to Know
According to the National Highway Traffic Safety Administration, almost thirty people die in drunk driving accidents every day in the United States. This is equal to one person every fifty minutes. Each year thousands are affected by the choice of someone to drive while intoxicated.
Enactment of Dram Shop Act
Texas alone had around 322 people lose their lives in 2018 because of a drunk driver. In hopes of combating against drinking and driving, the Texas legislature enacted the Dram Shop Act in 1987. Under Section 2.02 of the Texas Alcoholic Beverage Code, this Act imposes liability on the sellers of alcoholic beverages who over-serve already intoxicated customers. So, this would mean holding all those responsible accountable, including bars, restaurants, etc.
Proving Negligence of the Alcohol Beverage Provider
Those who are involved in an accident with a drunk driver because they were overserved may file a civil suit against the provider of the alcoholic beverages if they can prove two things:
- 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
- The intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
Contact an Experienced Houston Car Accident Attorney
Not every attorney can handle a drunk driver’s car accident case. Do your research about different types of attorneys before you sign paperwork to hire one. Consult with an experienced Houston personal injury attorney to see what they can do to help ease the pain. Call 713-524-8139 or contact us online to set up a time to speak with an experienced Houston personal injury lawyer at Pusch & Nguyen Law Firm. You don’t have to face this accident alone.