A little less than a year ago in Montgomery County, a fatal drunk driving accident occurred when an intoxicated driver was driving the wrong way and caused a fatal crash. The intoxicated driver had a blood-alcohol content of .286 substantially in excess of the legally allowable limits.
Dram Shop Over Serves and Driver Kills 2
The drunk driver struck another vehicle head-on and killed two of the three occupants and injured the other. In a civil lawsuit, under the Texas Dram Shop Act, a bar that allegedly provided alcohol to the drunk driver after she was obviously intoxicated was filed. News reports indicate that the insurance carrier for the sports bar settled the case for $1 million to be divided between the families.
Other details regarding the civil lawsuit are unknown. The intoxicated driver is scheduled to be tried on charges of intoxicated manslaughter beginning in May.
Under the Texas Dram Shop Act, bars or clubs can be sued for negligence if they over-serve a customer who was obviously intoxicated when provided additional alcohol by the establishment. While there are some defenses for the bar under the Texas act, victims or their families can also prevail should they be able to prove a pattern of conduct on the part of a business serving alcohol under a license, which is directed at disregarding safety rules to pursue profit.
Getting a dramshop lawyer
At the Baumgartner Law Firm, we have won many multi-million dollar dramshop settlements. The sooner you contact an experienced wrongful death attorney for a lawsuit against a bar or club the better.
Early investigation is vital to finding the evidence that can prove the club knowingly over-served the drunk driver. Eyewitnesses at the bar can present powerful evidence in a personal injury or wrongful death lawsuit.
If you have questions about a drunk driving accident or a lawsuit against a club, call for a FREE consultation- (281) 587-1111!