Dram Shop Law in Texas: Are Bars Responsible for Drunk Drivers?

The Short Answer…

Yes, bars can be held responsible for drunk drivers if they serve them when they shouldn’t. In Texas, the dram shop law makes bars, restaurants, and other alcohol-serving establishments legally responsible if they serve alcohol to someone who is visibly intoxicated or underage, and that person goes on to cause injuries, property damage, or even death. This law is part of the Texas Dram Shop Act, found in the Texas Alcoholic Beverage Code.

At Braker White, we help victims of drunk driving accidents in Odessa, Midland, and across West Texas pursue justice. These cases are often complex, but when handled properly, they can provide injured victims with the compensation they need to recover.

Key Takeaways

• Bars, restaurants, and other establishments can be held liable if they serve alcohol to a visibly intoxicated person or a minor under 21 who later causes an accident.
• Victims of drunk driving accidents may be able to pursue claims against both the drunk driver and the provider of alcohol.
• Receipts, surveillance video, eyewitness testimony, police reports, and medical records can all help build a strong case.
• Bars and insurance companies often work hard to avoid responsibility in dram shop cases, but a skilled attorney can protect your rights and fight for the compensation you may be owed.

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What Is the Texas Dram Shop Law?

The Texas Dram Shop Act (Texas Alcoholic Beverage Code §2.02) allows victims to hold alcohol providers accountable when they:

1. Serve a visibly intoxicated person who poses a clear danger to themselves or others, or
2. Sell or provide alcohol to a minor under 21 who then causes an accident.

This law applies to bars, nightclubs, restaurants, and other licensed establishments. It was enacted to promote public safety and reduce alcohol-related accidents.

Who Can Be Held Liable Under the Texas Dram Shop Act?

If you’ve been injured by a drunk driver in Texas, you may be able to seek a claim not only against the driver but also against the establishment or individual who provided them alcohol. Liability typically falls on:

• Bars and nightclubs that overserve patrons
• Restaurants that continue serving an intoxicated customer
• Convenience stores or liquor stores that sell alcohol to underage or intoxicated buyers

Social Host Liability in Texas

Social host liability refers to the legal responsibility of private individuals who serve alcohol at parties or gatherings. In Texas, there is no general liability for serving alcohol to adults, but an adult can be held liable if they knowingly provide alcohol to a minor under 18 in a non-commercial setting. For example, a parent, older sibling, or family friend could face responsibility if a minor causes an accident after being served alcohol in their home.

The Safe Harbor Provision in Texas Dram Shop Law

Texas law provides a “Safe Harbor” defense for establishments. A bar or restaurant may avoid liability if they can prove:

• They required employees to attend state-approved alcohol server training.
• The employee completed the training.
• The employer did not encourage or require the employee to violate the law.

However, many establishments fail to meet all 3 conditions, leaving them open to liability.

How to Prove Liability Under the Texas Dram Shop Statute

To succeed in a Texas dram shop claim, you must establish 3 main elements of liability to show how the bar, restaurant, or individual contributed to the drunk driving accident:

1. Service of Alcohol: You must show that the defendant (such as a bar, restaurant, or store) provided, sold, or served alcohol to the driver.
2. Intoxication or Minor Status: Evidence must demonstrate that the driver was visibly intoxicated at the time of service, meaning their level of drunkenness would have been obvious to a reasonable person. Alternatively, if the driver was under 21, serving them alcohol is automatically a violation regardless of visible intoxication.
3. Causation: You must connect the service of alcohol directly to the accident. In other words, the overservice or illegal service must be a substantial factor in causing the crash, injuries, or wrongful death.

Because these cases often pit victims against well-funded bars and insurance companies, working with a lawyer can make all the difference in collecting the right evidence and proving liability.

What Evidence Is Needed in a Dram Shop Case?

To prove a dram shop liability claim, strong evidence is essential. Common forms of evidence include:

• Receipts or transaction records showing when alcohol was served.
• Eyewitness testimony from patrons, staff, or others present.
• Surveillance video showing visible intoxication.
• Police reports and breathalyzer results confirming intoxication.
• Medical records connecting the accident to alcohol-related impairment.

The more documentation available, the stronger the case becomes. Bars and insurance companies will often fight hard to avoid liability, but an experienced attorney can investigate on your behalf to help ensure that no important detail is overlooked and that your claim is as strong as possible.

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Potential Damages in Dram Shop Cases

Victims of drunk driving accidents caused by overservice may be able to recover compensation for:

• Medical expenses (hospital bills, rehabilitation, ongoing treatment)
• Lost wages and reduced earning capacity
• Property damage
• Pain and suffering

These damages can provide much-needed financial relief and help victims begin the recovery process. Since every case is different, the best way to understand the full value of your claim is to discuss it with a drunk driving accident attorney.

What Is the Statute of Limitations for a Dram Shop Law Claim in Texas?

Under the Texas statute of limitations, victims of drunk driving accidents generally have 2 years from the date of the crash to file an injury lawsuit. If you wait longer than this deadline, you could lose your right to seek compensation. Act quickly so evidence can be preserved and your attorney has time to build the strongest case possible.

How Can a Lawyer Help You With Your Texas Dram Shop Claim

At Braker White, our drunk driving accident lawyers bring over 60 years of combined experience fighting for victims and their families. We know how to take on big establishments and their insurers, and we’ve built a reputation for delivering results in complex cases.

Here’s how we can help you:

• Investigating thoroughly: We look into the bar or establishment’s history of overservice and gather the facts that prove liability.
• Collecting key evidence: From receipts and surveillance footage to eyewitness accounts, we make sure nothing is missed.
• Partnering with experts: We work with accident reconstruction professionals and medical experts to strengthen your case.
• Pursuing maximum compensation: We fight for every dollar you may be entitled to, including medical bills, lost income, and pain and suffering.

We offer free case reviews, and you pay nothing unless we win your case. With decades of experience and a track record of success, our team is here to give you the support and advocacy you need.

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Get Justice After an Accident With a Drunk Driver

If you or someone you love has been hurt in a drunk driving accident caused by an overserved or underage driver, you may have the right to hold both the driver and the alcohol provider accountable under the Texas Dram Shop Law. The trusted legal team at Braker White knows how to investigate bars, restaurants, and other establishments that break the law, and we don’t back down when insurance companies try to minimize your claim.

Contact us today to schedule your free consultation and speak with an experienced drunk driving accident lawyer about your case.