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Houston, TX car accident caused by drunk driver: dram shop?

Many car accidents in Houston, Texas are caused by drunk drivers. These accidents often result in serious injuries and death. The drunk driver should be held liable for the negligent actions. However, sometimes it is not only the drunk driver that is responsible. Often times it is the bar that over served alcohol to the driver. This is called dram shop liability.

What is a dram shop? A dram shop is any place where alcoholic beverages are sold. The Texas Alcoholic Beverage Code provides that a provider of alcoholic beverages may be liable for providing, selling or serving an alcoholic beverage upon certain proof. The required proof is that: (1) a the time the provision occurred it was apparent to the providers that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient of the alcoholic beverage was the proximate cause of the damages suffered.

Often times the intoxicated person kills a passenger or himself. Cases involving passenger injuries or deaths that result from drunk driver car accidents should be investigated. The spouse of the drunk driver who died in an drunk driving accident where the driver was driving drunk may still have a claim against the bar who over served him if the laws were violated and the elements of a dram shop case are proved.

If you have questions about dram shop law or bar responsibilities, feel free to can a Houston, TX personal injury lawyer. You can reach a Houston attorney at 713-454-7875.

  - Article By Richard Weaver

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