Most people don't know this, but under Texas law, the bar, restaurant, or establishment that kept serving the drunk driver can also be held responsible for what happened to you.

The Texas Alcoholic Beverage Code (Section 2.02) creates liability when an alcohol provider serves a person who was obviously intoxicated, and that intoxication was a proximate cause of the injuries. The bartender who kept pouring, the server who kept bringing drinks, the manager who watched it happen and didn't step in, the establishment that trained its staff to push tabs instead of cutting people off, they all had a duty. They all had a choice. And if they failed that duty, they share responsibility for everything that happened after that person walked out the door and got behind the wheel.

Why Dram Shop Claims Matter

Here's why this is so important from a practical standpoint. The drunk driver who hit you might carry no insurance at all, or minimum auto insurance ($30,000 per person in Texas), which barely covers an emergency room visit. They may have no real assets to go after. But the bar or restaurant that overserved them often carries substantial commercial liability insurance. Getting to that coverage can be the difference between a settlement that doesn't come close to covering your losses and one that actually gives you a chance to put your life back together.

Dram shop cases also serve a broader purpose, because when bars and restaurants know they'll be held accountable for overservice, they have a financial incentive to train their staff properly, to actually enforce responsible service policies, and to cut people off when they should be cut off. Every dram shop case that succeeds makes the next night on the road a little safer for everyone.

How We Build These Cases

Dram shop cases require specific evidence, and we know exactly where to find it. Credit card receipts showing how many drinks were purchased and over what time period, surveillance footage from inside the establishment, witness statements from other patrons and staff, the bar's training records (or lack of training records), prior TABC complaints or incidents involving overservice at the same location, the server's employment history and certifications.

The key legal question is whether the person was "obviously intoxicated" at the time they were served. That's a fact-specific inquiry, and it's where having a lawyer who has done this work before really matters. We know what to look for, which experts to hire, how to build the timeline, and how to connect the dots between what the establishment saw (or should have seen) and the decision they made to keep pouring anyway.

San Antonio has a thriving nightlife, the River Walk, Southtown, the St. Mary's Strip, the Pearl, downtown. That's a wonderful thing. But the establishments serving alcohol in those areas have a legal duty not to send obviously intoxicated people out onto our roads. When they fail that duty, we hold them accountable.

Free consultation. No fee unless we win. For the ones who keep going, we're here, and we're ready.