By JohnDram Shop Law, Drunk Driving Accidents

Lit up police car lights at night

This is a truly heartbreaking story involving the death of an off-duty Euless police officer and severe injuries to his wife and their children due to an apparently very drunk driver, Dylan Molina.

According to the story,

“A witness told investigators that Molina fled after the wreck. Police said his breath smelled of alcohol and he was acting intoxicated. According to an affidavit, he told officers he drank three double Vodka Redbulls while “enjoying himself” at Fuzzy’s Tacos. He consumed the drinks in only two hours, according to the affidavit.”

Let’s be very clear because many people do not understand this:  In Texas, when a bar or restaurant over-serves alcohol to a customer that is obviously drunk, and that customer then, due to intoxication, causes harm, injury or death, THE BAR OR RESTAURANT IS LIABLE AND CAN BE ORDERED TO PAY SIGNIFICANT DAMAGES TO THE VICTIM AND HIS OR HER FAMILY.

While more facts are needed as to Mr. Molina’s alleged drinking at Fuzzy’s, this has the potential to be a real problem for Fuzzy’s and its insurer. Bars and restaurants usually carry liquor-liability insurance of $1,000,000 or more that covers cases like this. We would not be surprised if, in this case, Fuzzy’s may have some dram shop liability such that its insurer has to pay a lot of money to the deceased Euless officer’s family. Most toxicologists would opine that serving someone two double Vodka Red Bulls will result in obvious intoxication in the person served. It is the service of the third Vodka Red Bull that triggers liability – that is, it is illegal in Texas and supportive of civil damages to continue to serve more alcohol a patron that is already obviously intoxicated.

If you or a loved one has been severely injured or killed because of a drunk driver that has been drinking at a bar or restaurant, contact the Dallas car accident lawyers at Crowe Arnold & Majors, LLP. We have successfully recovered millions in damages for drunk-driving victims and their families.    

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