Drunk driving is highly dangerous but unfortunately is all too common, often leading to tragic crashes. If you are injured in such an accident, you can sue the person who was driving while impaired to seek compensation. In addition, depending on the circumstances, one or more other parties may also be responsible for paying your damages.

Like most other states, Texas has a dram shop act. This statute says that a person or organization that provides alcoholic beverages to a visibly intoxicated individual can be liable for injuries and damages if the individual’s subsequent conduct might pose a danger to other members of the public.

The dram shop act applies only to those who directly supply alcohol to an individual under a license to sell. The direct supplier requirement means that there is an immediate connection between the seller and the individual who consumes the alcohol. The license requirement means that the supplier is licensed by the state to sell alcohol, and that the consumer paid for the alcoholic beverages s/he consumed. Therefore, establishments such as bars, restaurants and sporting or entertainment venue concessions are providers. Alcoholic beverage manufacturers, wholesalers and distributors are not providers because they do not supply alcohol directly to individuals for consumption.

Social hosts, who give alcohol to guests free of charge, are also not providers. People hosting private social events are not selling alcohol and generally have no license. Therefore, they are generally not liable for their guests’ misuse of alcohol. One exception is that social hosts who supply alcohol to minors can be held legally responsible for injuries caused by the minor’s intoxication.

It can be difficult to determine who to sue for injuries suffered in a crash caused by intoxication. In many instances, the person who causes injury receives alcohol from more than one source. For example, people often bar hop, buying drinks at various establishments within a short period of time. It can be difficult to tell at what point the patron was obviously drunk. People might also obtain alcoholic beverages from both a legal provider and a non-provider. They may start drinking as a guest at a social event and later go to a bar. As such, legal liability might be shared based on each provider’s degree of fault.

The dram shop act includes time sensitive notice and filing requirements. Failure to abide by statutory procedures can result in a valid claim for compensation being denied. After an accident involving drunk driving, it is best to consult with a lawyer experienced in dram shop liability law. who can investigate all potential liability claims thoroughly and without delay.

Hope & Causey in Conroe, Texas has been serving auto accident victims in and around Houston for decades. If you are or a family member has been injured in an accident caused by an intoxicated driver, contact us online or call 936-441-4673 for a free initial consultation.