Dallas Drunk Driving Accident Lawyer

When an Alcohol Provider May Share Responsibility

A drunk driver may not be the only potentially responsible party.

Texas Alcoholic Beverage Code §2.02 provides a statutory cause of action against an alcohol provider in specific circumstances. It is not enough to show that the driver had consumed alcohol at a bar or restaurant.

A claim may arise when, at the time alcohol was provided, it was apparent to the provider that the person was obviously intoxicated to the extent that they presented a clear danger to themselves and others, and the person's intoxication was a proximate cause of the resulting damages.

These claims are fact-specific. Evidence may involve witnesses, receipts, video, transaction records, employee testimony, the patron's behavior, and the timing and amount of alcohol served.

MR.LAW handles these matters through its dedicated Dallas Dram Shop practice. Whether an alcohol provider can be held responsible depends on the evidence and the statutory requirements, not simply on proof that the driver had been drinking at the establishment.

Compensation After a Drunk Driving Injury

The compensatory damages available after a crash depend on the injuries, evidence, financial losses, available insurance, and applicable Texas law.

Depending on the case, recoverable damages may include:

• Past and future medical expenses
• Lost income and reduced earning capacity
• Physical pain
• Mental anguish
• Physical impairment
• Property damage
• Other documented economic or noneconomic losses

If a drunk driving crash results in death, eligible family members and estate representatives may also need to evaluate separate wrongful death and survival claims.

Are Exemplary Damages Automatic in a Drunk Driving Case?

No.

Texas calls punitive damages exemplary damages. They require a higher level of proof than an ordinary negligence claim. Under Chapter 41 of the Texas Civil Practice and Remedies Code, a claimant generally must prove by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence.

Evidence of intoxication can be relevant to that analysis, but the availability of exemplary damages must be determined from the specific conduct and evidence in the case.

Texas Fault Rules Can Still Matter

Even when alcohol is involved, an insurer or defendant may dispute how the crash occurred.

Texas follows proportionate responsibility rules. In a negligence action governed by Chapter 33, damages can generally be reduced according to the claimant's percentage of responsibility, and a claimant whose responsibility is greater than 50 percent cannot recover.

That makes evidence about traffic controls, vehicle movements, witnesses, speed, roadway conditions, and other circumstances important even when intoxication is part of the case.

How Long Do You Have to Bring a Claim?

Texas generally requires a personal injury lawsuit to be filed within two years after the cause of action accrues.

Exceptions can apply, so no injured person should assume that every claim will follow exactly the same deadline. Evidence may also need to be identified or preserved long before the limitations period expires.

An early case review can help clarify which claims may exist, which parties need to be investigated, and what deadlines may apply.