Texas Dram Shop Liability FAQs - What San Antonio DUI-DWI Accident Victims Need to Know

San Antonio, Texas, is renowned for its vibrant nightlife, featuring bars and clubs that cater to every taste. Tragically, that vibrant nightlife also contributed to nearly 1,400 drunk driving crashes in San Antonio in 2024. A drunk driving accident can result in severe injuries and fatalities to innocent victims who simply got in the way of an intoxicated motorist.

The San Antonio personal injury attorneys at Carabin Shaw help victims of drunk driving accidents hold the responsible parties accountable for their actions, from the driver behind the wheel, to the establishment that recklessly served them too much liquor. Our compassionate team is available 24/7 to schedule free case reviews in English or Spanish. Call us toll-free now at 800-862-1260.

Under Texas law, a licensed provider of alcoholic beverages can be liable if they serve an “obviously intoxicated” patron who later causes harm. Apparent signs of intoxication might include:

• Stumbling or staggering
• Slurring or inability to communicate clearly
• Drinking multiple rounds in a short period
• Impairment of motor skills
• Argumentative or aggressive behavior

Dram Shop laws allow victims of drunk driving accidents to seek damages from both the intoxicated driver and the business that served them. These laws can be used in combination with Texas criminal laws that focus on punishing the drunk driver, allowing victims and their lawyers to seek financial compensation for their injuries and related losses.

Anyone who is harmed by an intoxicated person has the right to file a personal injury claim under Dram Shop laws, including:

• Motorists injured by a drunk driver
• Pedestrians, bicyclists, or passengers who were also harmed
• Families of victims who die in a drunk driving crash

If you were involved in a drunk driving crash, contact an experienced personal injury attorney immediately to determine which parties you can hold liable for your injuries.

The burden of proof in a Dram Shop claim falls on the San Antonio DUI accident victim. That person must show that the actions of the business were directly related to the accident and their injuries. It is critical to enlist the services of an attorney with extensive experience in Dram Shop litigation to gather sufficient evidence and build a strong case in your favor.

Key pieces of evidence in your Dram Shop claim might include:

• Surveillance footage showing the driver’s behavior before leaving the business
• Eyewitness statements from staff or patrons who observed the driver
• Credit card transactions or receipts indicating the amount of alcohol purchased
• Expert testimony regarding the driver’s blood alcohol levels

The sooner you contact an experienced lawyer, the quicker your legal team can go to work gathering evidence while it is still available. That evidence will help build a solid case against the establishment that recklessly served the driver who hit you.

Injuries suffered in a drunk driving crash aren’t just painful; they can also be expensive. Medical bills, lost wages, and property damage can cause a substantial financial strain to victims already suffering. Seeking compensation from the at-fault driver and the business that contributed to their intoxication can help ease the monetary burden. Accident victims can seek the following damages under Texas law:

• Medical expenses for the treatment of your injuries
• Lost wages for the time you are out of work to recover
• Pain and suffering for the psychological and physical toll of the accident
• Wrongful death damages for the family who lost a loved one in the crash

A Dram Shop claim allows victims to seek financial justice while holding parties accountable for the actions that led to their accident and injuries.

If you were injured in a drunk driving crash, you may be able to sue the bar for drunk driver damages. Call Carabin Shaw today. We offer our services on a contingency-fee basis, so you pay no money up front for our expertise. Check out our client reviews to see how we’ve maximized damages for other accident victims like you, and then call us at 800-862-1260.

For more information:

• TX DoT
• Texas Statutes 2
• Texas Statutes 49
• Texas Statutes 41