If you or a loved was injured in a DWI accident, a personal injury claim or lawsuit can be filed to recover damages from the drunk driver – but other parties may also hold liability. Under certain circumstances, the provider of alcohol may have violated Texas law by over-serving a drunk patron. With the assistance of attorney Willie Powells, this factor in an injury or wrongful death case will be investigated.
What is the Texas dram shop law?
Under the Texas Alcoholic Beverage Code Title 1, Chapter 2, a person who provides, sells, or serves alcohol to a person who is already obviously intoxicated, who poses a “clear danger to self and others” may be held liable in cases of injury or death. In these cases, it must be established that the level of intoxication was the “proximate” (could be reasonably predicted as an outcome) cause of the accident or incident leading to injuries or death – most often a DWI crash.
Social host liability and underage drivers
The law also establishes that financial damages can be pursued in cases in which alcoholic beverages were sold to a minor who then operated a vehicle, causing an injury accident, or other event resulting in injury or death. This is termed “social host liability.”
Types of damages in dram shop cases
The damages pursued in a dram shop case can include the following:
- Economic damages: The financial losses resulting from the injuries, including all medical bills, lost wages, lost earning capacity, future estimated monetary loses, along with all other financial damages.
- Non-economic damages: Personal losses such as pain and suffering, diminished capacity, loss of quality of life, permanent disfigurement, and emotional anguish.
Houston drunk driving accident statistics
DWI driving is a serious problem in Houston and throughout the state. One person is injured or killed due in an alcohol-related crash every 2 hours and 21 minutes in Texas, with Houston listed in the top ten cities for drunk driving deaths.
As reported by the Texas Department of Transportation, 1,024 people were killed in motor vehicle traffic crashes in which the driver was under the influence of alcohol, a staggering 28 percent of the total number of accidents in the state – and Houston is among the worst in the state for DWI fatalities.
The Houston Chronicle reports that in an average week, Houston has 11 fatal traffic crashes and 12 deaths. In cases in which a driver had been served alcohol when obviously drunk makes it possible to file a civil lawsuit against the provider. For assistance in filing a claim or lawsuit against all negligent parties in a DWI accident case, connect with one of Houston’s most dedicated and effective personal injury lawyers, Willie Powells.
Do you have a dram shop case?
If you believe you may have a dram shop case, your rights and interests must be protected. The first step in finding out whether you have a dram shop case is to meet with attorney Willie Powells for a free case consultation. You deserve to be represented by a personal injury lawyer who takes his responsibility to his clients very seriously. He is relentless in pursuing full compensation for damages, including filing dram shop cases when appropriate.