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Who Can Be Held Liable in a Drunk Driving Accident?

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Under the Texas Alcoholic Beverage Code (TABC), the Dram Shop Act (DSA) refers to an establishment or event where alcoholic beverages are sold and consumed. Under the DSA statues, bars, restaurants, or event hosts providing the alcohol could be held liable for injuries or damages caused by an intoxicated driver.

Texas court systems uphold stringent assessments in determining liability percentages for each party involved with a drunk driving accident. A Granbury drunk driving accident lawyer can help with legal process to prove liability and obtaining evidence.

Multiple Party Liabilities in a Drunk Driving Accident

In injuries involving an intoxicated driver's negligence, it's possible that the alcoholic beverage establishment could be held liable for a portion of the injuries and damages.

However, it's not as easy as it sounds. There must be evidence that the individual serving the alcoholic beverage knew that imbibing individual (i.e. drunk driver) was visibly intoxicated when leaving the facility.

If intoxication is the cause of an accident or injury, you may need to speak with a Granbury drunk driving crash lawyer.

Texas Laws on Drunk Driving

In Texas, it's illegal for drivers over the age of 21 to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. Since Texas is a zero-tolerance state, drivers under the age of 21 found with any trace of alcohol in their system are also breaking the law.

An intoxicated driver will be held responsible for making the decision to get behind the wheel (negligence) and held liable for causing the accident. If you're injured in a drunk driving accident you need to contact a Granbury drunk driving accident attorney.

The investigation process is critical for courtroom/defense strategy. The information collected needs to include details about the accident and the prior events that led up to the crash.

Individual Drunk Driving Liability

According to the Texas Penal Code Title 10, Chapter 49, the statue defines drunk driving offenses with two specific elements:

  • Driver lacks the normal use of mental or physical faculties.
  • BAC level is above the state's limit of 0.08.

The driver could be charged with a misdemeanor or felony if the BAC is above the legal limits. In addition, the intoxicated driver could be dealing with liability claims (civil case) and penalties associated with the accident.

  • Compensation for injury and damages.
  • One year in jail.
  • Two-year license suspension.
  • $5,000 fine

If you find yourself in this predicament, you need to call a Granbury drunk driving accident lawyer like the Cain Law Firm immediately.

DSA Burden of Proof

A Granbury drunk driving crash lawyer can explain how the DSA law applies to your case. A drinking establishment could be liable for driving accident injuries resulting from extreme consumption of alcohol if employees fail to uphold their duties.

Under Texas Public Law, Section 106.14 of TBAC, Actions of an Employee cites a clause known as safe harbor. It protects an establishment if these specific employee requirements are met.

  • Certification from a TABC approved training program.
  • Employee attendance of the program.
  • Employer does not encourage violations of the DSA.

Have you been injured in a drunk driving accident?

A Granbury drunk driving accident attorney can help to defend and determine liability percentages. The laws involving drunk driving accidents are complex and the reason you need an experienced attorney. Call our office today!

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Our firm handles personal injury claims arising from serious accidents. We have mastered the laws in this arena, and we stand ready to protect your rights, prove fault, and collect maximum tax-free payment for your injury claims.
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What Our Clients Say About Us...

Hear from some local people we've been able to help.
Involved in my first accident and completely lost as what to do and where to go I just prayed for God to show me. From the moment I met Mr Cain I knew God led me to him when he prayed with me. I would have been another case of someone’s insurance taking advantage of me had I not had Cain’s Law Firm. You were truly my answered prayer! Thank you so much for your everything you do!
GranburyPirateMom
3 years ago
I had never hired a lawyer before but I am grateful that I had found Mr. Cain and his friendly staff. He was accommodating and as pleasant as anyone may ask for in a stressful position. He retains professionalism and strong guidance while amicable to your situation. I couldn’t give a higher recommendation to anyone seeking council.
M Haze
4 years ago
I've known Brett for many years and he has always been one step ahead of the crowd. A great lawyer that is relentless in his fight for his clients. I would trust Brett implicitly to handle the most complicated case involving one of my loved ones or family members.
Dean Gresham
8 years ago
Brett has helped me out on two different occasions, in both instances he was awesome, I was very pleased with the outcome, as well as the level of service his firm provided, if anybody I know needs an attorney Brett Cain is who I recommend. Brett is a honest Godly man with the highest integrity.
Ronnie Barks
8 years ago
I chose Brett Cain's office for an accident I was in last year. They took care of the insurance company while I just had to recover from my injuries. His staff is very friendly and always knew what was going on. Best of all, I was very pleased with the outcome. I tell everyone I know if it happens to you, get yourself an attorney and make it Brett Cain!.
Stevie Sherrill
7 years ago
The Cain law firm was a pleasant and comfortable experience. The staff are courteous informative and professional. One cannot help but feel secure and at ease with the feeling that your business is in the right hands. The word that comes to mind is trustworthy.
T.B. Blankenship
a year ago
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Recent Case Results

See what outcomes are possible with Cain Firm.
Drivers Held Responsible For Death Of Motorcyclist

A husband, father, and family provider was riding his motorcycle on the way to his first day of a new job when the dangerous decisions of the driver of a sedan and an 18-wheeler ended his life. Everyone pointed fingers at one another, but in the end, all parties involved in the accident were held responsible for the wrongful death of this young man.


Oil Field Tanker Crosses Line And Causes Accident

The defendant was the driver of an oil field tanker truck anxious to get “off the clock” when his truck crossed the center line of the road. His trailer entered the oncoming traffic lane and struck a car, causing our client to suffer multiple lacerations, bruising, and soft tissue injuries.

Oil Field Tanker Crosses Line And Causes Accident

The defendant was the driver of an oil field tanker truck anxious to get “off the clock” when his truck crossed the center line of the road. His trailer entered the oncoming traffic lane and struck a car, causing our client to suffer multiple lacerations, bruising, and soft tissue injuries.

Negligent Driver Causes Serious Injury To Grandmother

Our client, a grandmother, suffered injury to her left upper arm and right gluteus maximus in an auto accident. Although she underwent surgery for her injuries, she had difficulty walking afterwards, and trouble sleeping at night. The other driver was found to be negligent and responsible for both the accident and injury to our client.

College Student Spinout Costs The Life Of Beloved Matriarch

The matriarch of a Texas family lost her life due to the poor decisions of a college student who was driving too fast for the weather conditions. A young driver’s sports car spun out of control, crossed over the highway divide, and entered directly into a grandmother’s lane of travel. There was nothing that she could have done to avoid the collision. Many times, it’s not the damage caused by the accident, but the aftermath of losing a cherished family member that hurts the most.


Speeding Driver Loses Control And Strikes Family Vehicle

A driver operating his vehicle with excessive speed in bad weather lost control and struck the vehicle of our clients, a family. Our clients suffered severe, though fortunately not life-threatening, injuries as a result of the crash.


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You have never had the need to call an attorney and never thought you'd have to file a lawsuit, but the insurance company for the driver who caused your crash is twisting the truth and making the crash out to be your fault. To recover what's you have a lost you are going to need the help of an experienced car crash attorney
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