Every day, people are seriously injured in motor vehicle accidents caused by drunk drivers in the Dallas Fort Worth metroplex. It is often necessary to seek the liability of additional parties when drunk driving accidents occur in Dallas, Texas. In some drunk driving accidents, it is discovered that the defendant was served alcohol at a bar or restaurant despite being obviously intoxicated. The Texas Dram Shop Act, codified in Section 2.02 of the Texas Alcoholic Beverage Code provides as follows:
(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:
(1) 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
(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
The Texas Dram Shop Act has been modified by the Texas Supreme Court in the case of FFP Operating Partners v. Duenez. The Duenez case now provides that a dram shop defendant will only be held jointly and severally liable if its share of responsibility is greater than 50%. Therefore, you need an experienced Dallas lawyer to explain what rights you have under the Texas Dram Shop Act and what damages you may be entitled to collect against the driver who was driving while intoxicated and the restaurant or bar that served alcohol to the driver of the car that caused the accident. and any serious injuries you and/or your passengers sustained in the car or truck accident in DFW.
If you or a loved one has been seriously injured by a drunk driver in Dallas Texas, contact a DWI accident attorney to discuss your potential legal claims against the truck or car driver and/or the restaurant or bar that served the individual alcohol after he or she was intoxicated. Call 214-880-9988 (toll free 800-589-1413) or e-mail us today for a free consultation. You WILL speak with one of our Dallas, Texas Dram Shop liability attorneys or lawyers, not a legal assistant or paralegal.