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Who Can Be Held Liable in a Drunk Driving Accident?

April 1, 2019|POSTED BY condor

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 (ie 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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