Injured by a Drunk Driver? You Have Many Options for Recovery
Liquor liability laws are confusing. Cases that involve bars or resturaunts' responsibility to their patrons and ultimately the people they interact with after they leave the establishment are often misunderstood. However, legal statutes and case law support the fact that these laws stem from common sense ideas that we can explain here.
This article will provide a general overview of your rights and responsibilities, but is no substitute for the assistance drunk driver accident or Dram Shop attorneys can provide. This article contains useful information to help you understand Texas Dram Shop Laws, the challenges of pursuing a Dram Shop case and related expenses.
The Basics
The laws and damages surrounding drunken driver accidents are more complex and numerous than those for typical car wrecks. In particular:
* Injuries sustained are almost always more severe with a higher liklihood of fatality. This results in far greater emotional suffering and lost income potential.
* In many cases there are several people within an establishment who are at fault in addition to the drunk driver. As such your legal strategy becomes far more complex and confusing.
Defendants in Drunken Driving Cases
In Texas and many other states, not only is the drunk driver at fault for his negligence, the establishment that aided in the driver's intoxication is also liable for the drunk driuver's actions after he left the establishment. This liability is based on the theory that car accidents are not caused only by reaction times and driving conditions, but also by the circumstances that lead to the driver's state of mind and his ability to react.
While most of us probably consider the personal responsibility of the driver to be most important on an emotional level, it is important from an ethical perspective, to ensure that bars and restaurants are not knowingly serving alcohol to drivers who get involved in these collisions when it is clear that someone who is leaving their establishment and may be operating a vehicle when their behavior or reflexes appear to be erratic, or they have consumed an amount of alcohol that puts their blood-alcohol-content (BAC) well above the legal limit. If these establishments were diligent in ensuring their patrons did not become overly intoxicated, drunk driving accidents could much more easily be avoided.
In addition to having greater means to provide financial remedies than the individual driver, the public message should be sent that the establishments and their employees should not be endangering the public by setting potentially dangerous drunk drivers out on the street simply because the bar tender wants to keep collecting the patron's generous tips or the bar wants to make more money.
In a lawsuit in which the driver and the bar are co-defendants, the court will assign damages for each party's negligence, and the financial remedy coming from each source will be proportional to the court's assessment of each defendant's percentage of liability. Thus, while you may get more financial remedy by filing a case against both the driver and the bar, it is important to realize that this does not necessarily mean that you will get more money by digging into the pockets of the business over the means of the individual driver. It simply allows a distribution of the responsibility which means, ultimately, you have a greater chance of actually getting financial recovery that goes beyond what the individual driver would be able to pay.
Specific Rights and Responsibilities
Under Texas law, it is not only illegal to be behind the wheel of a car with a BAC of more than .08, but it is also illegal to be out in public with this level of intoxication, and it is also illegal for bars or establishments that serve alcohol to serve individuals an amount of alcohol that put them over this limit.
Science has proven that the consumption of alcohol impairs reflexes, judgment and inhibitions, and thus, while a sober person may know his or her limit, once he or she has had a few drinks, that person may no longer be able to make a sound judgment of when he or she is too drunk to drive, and thus the serving party bears the responsibility of safeguarding the public and taking the appropriate action to prevent this from happening.
Many establishments have implemented programs to reward patrons who have a designated driver, or have made partnerships with taxi companies to ensure that their clientele is not driving under the influence. That being said, there is nothing more motivating to the establishments who have not implemented such safeguards, than the potential negative publicity and financial cost of a lawsuit. In most cases, and with the help of an experienced Tyler drunk driver accident attorney, these establishments will likely be willing to settle and award financial remedy for medical, auto and funeral related expenses caused by a drunk driving incident for which they bear a portion of the legal responsibility. With hope, they will then be more diligent in helping prevent public intoxication and alcohol related accidents.
What Should You Do?
Deciding to get involved in a lawsuit can be an emotional experience, and you may have concerns about the cost, the time constraints, and in some cases, the consideration of the relationship you have with the person who caused the accident. However, it would be unwise to allow time to slip by without looking out for the remedies you are entitled to and lose the evidence and opportunity to protect your interests in the matter because if you wait too long, your options may run out and the related expenses you incur could get beyond your control.
If you or a loved one was involved, injured or killed in a DUI accident, call the Tyler drunk driver accident attorneys at Grossman Law Offices at 1-888-436-0288 for a free consultation, and we can discuss your concerns and help you find the right course of action to get the justice you deserve.
Injured by a Drunk Driver? You Have Many Options for Recovery
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