Fort Worth Drunk Driving Accident Lawyers

Being injured in a car accident is already infuriating. The situation becomes much worse when it turns out that the at-fault driver was drunk. Fortunately, Texas is like many other states in the country in that the victim of such an incident can potentially bring a claim against individuals or entities other than the drunk driver themselves. This can make it more likely that a victim receives the compensation which they deserve. The personal injury lawyers of Noteboom – The Law Firm believe in standing up for the rights of individuals. While some firms earn their living by representing drunk drivers, we believe in protecting the rights of their victims. If you or a loved one are in need of assistance after a drunk driving accident then contact us today to speak with a Fort Worth lawyer.

Fort Worth DRAM Shop & drunk driving accident attorneys protecting the rights of victims

Texas law imposes liability on alcohol sellers when it was apparent that the individual was intoxicated to the extent that they posed a clear danger to themselves or others, and this intoxication was a proximate cause of resulting damages. Holding a bar, a restaurant, or a store liable is known as “DRAM Shop” liability. If a host knowingly provides alcohol to a minor under 18 or allows the minor to be served on property they own or lease, one may also be able to bring a claim against a “social host” (IE a private party) who serves alcohol which leads to an accident. It is important that our state allows for liability against entities beyond the driver as these types of cases can result in serious harm. Such harm may include paralysis, brain damage, and even wrongful death.

The most important first step for the victim of a drunk driving accident is to seek immediate medical care. It is generally advisable that they then contact an attorney as soon as possible. Counsel will obtain all available police reports and monitor criminal charges which are likely to be brought against the defendant. Plaintiff’s counsel will immediately contact the defendant’s insurance carrier and inform them of the representation. Once it is determined where a defendant had been served alcohol, then the establishment can be contacted as well. Once a victim’s damages are reasonably known then a settlement demand will be sent to the insurance carrier for all those involved. If the matter is not settled then the case will proceed to litigation.

A provider will almost certainly deny that they knowingly served a drunk person who was preparing to drive. Once a lawsuit is filed then the discovery process provides tools through which a Plaintiff’s attorney can gain evidence of the provider’s negligent conduct. Evidence acquired will typically include the drunk driver’s bank statements – which can show that the individual was spending money at an establishment on the date in question, security footage, and more. Plaintiff’s counsel will also be able to gain sworn testimony from relevant witnesses through depositions. Gathering the necessary evidence is how a case is built against a negligent alcohol provider.

If you or a family member have been injured then contact our firm today to speak with a Fort Worth drunk driving accident attorney. We have been assisting DFW
area residents since 1977 and we take pride in the level of representation which we provide. We have two attorneys who are Board Certified in Personal Injury Law by the Texas board of Legal Specialization and we have the resources necessary to see your case through to the end. We will retain any necessary experts and will conduct all necessary discovery. If punitive damages are appropriate, then we will request them from the Court. Importantly, we will make sure that you and your loved ones know what to expect as the matter moves forward. We look forward to speaking with you.

In addition to Texas’ greater Dallas – Fort Worth area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.

Injury attorneys with the resources necessary to handle a DFW
drunk driving accident case

Liquor liability cases can quickly become complicated. This is due to the fact that such matters often involve numerous defendants. In addition to litigating against a bar that served a drunk patron, for example, it may also be necessary to name a larger corporation which owns the bar. Also, it will often be necessary to retain experts as to what is customary in terms of employee training and observation in order to establish liability. A victim’s lawyer will pay these costs up front and will not be reimbursed unless the matter settles or an award is gained at trial. It is, therefore, important that you retain a firm with the resources and experience needed to handle such a case. Our attorneys are equipped to litigate against numerous defendants and we strive to ensure that all aspects of your case are properly handled. If you have been the victim of a DFW
drunk driving accident then call our attorneys today.

Common questions related to DUI accident injuries

Can I receive punitive damages for a drunk driving accident?

It may be possible to obtain a punitive damages award in a drunk driving accident case. If, for example, a DRAM shop claim is made against a business, and it is shown that the company has a pattern of engaging in such conduct, then this disregard for public safety may rise to the level of punitive damages. While such damages are rare, there is a greater likelihood of them being awarded in these types of matters.

Are expert witnesses necessary in a DRAM shop case?

Expert witnesses will often be required to prove DRAM shop liability. The employees of an establishment will seldom admit that they knowingly served a drunk patron. An expert witness can testify, for example, as to what type of training a bartender should have received. Such an expert can also testify as to steps which should be taken to prevent the over-serving of individuals. A jury may then use this testimony in deciding whether or not the establishment breached its duties.

How long does it take to settle a DRAM shop case?

How long it takes to settle any matter will always depend on the specifics of the situation. It is generally advised that one not accept a settlement until their long-term chances of recovery are reasonably known. Also, the amount of time necessary to gather the necessary evidence against an establishment owner will vary from situation to situation.

Do Texas’ comparative fault laws apply to a DFW
accident?

Yes. If a Plaintiff is partially liable for the incident then their recovery will be reduced in proportion to their share of the blame. This means, for example, that if a Plaintiff is found to be twenty percent liable for the incident, then a damages award will be reduced by twenty percent. If a Plaintiff is more liable for the incident than were the defendants, then the Plaintiff will be prohibited from recovering damages.

Can the victims of a wrongful death bring a DRAM shop claim?

Yes. One of the most devastating aspects of a drunk driving accident is that it can result in the death of a loved one. Texas law allows the surviving family members to bring a wrongful death claim in such situations. Such an action can include a DRAM shop claim against liable purveyors.