By JohnUncategorized

Car keys next to an alcoholic drink

Two more lives have tragically been lost due to apparent drunken driving in the Dallas area. The article here describes what happened back in November 2023.

In this case, the driver told police he’d been to a party and a bar, and had consumed six beers and a tequila shot. Of course, without knowing whether Mr. Rosales-Perez is being truthful here, it is common for drunk drivers to not be honest about the amount of alcohol they’ve consumed.

In any event, can the bar Mr. Rosales-Perez attended be liable, assuming Mr. Rosales-Perez consumed most of the alcohol at the party first and went to the bar last, before deciding to drive? Yes, it can.

Restaurants and bars in Texas have a responsibility to not continue to provide or sell alcohol to someone if “at the time the provision occurred it was apparent to the [bar/restaurant] 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.” Tex. Alco. Bev. Code §2.02(b)(1).

Therefore, if Mr. Rosales-Perez already appeared to be “obviously intoxicated” from the party at the time he entered the bar, then the bar cannot serve him another drop of alcohol. If it does, and he winds up driving and injuring or killing someone, then the bar can be liable under Texas Dram Shop laws.

The key is for the victim or his or her family to hire a Dallas law firm who knows how to gather evidence of obvious intoxication so that proof of it can be made at trial. That type of evidence takes many forms. Crowe Arnold & Majors, LLP has successfully handled multiple cases involving a bar over-serving an “obviously intoxicated” customer, and that customer driving and severely injuring or killing a member of the public.     

If You or a Loved One was Injured by an Overserved Drunk Driver, Crowe Arnold & Majors, LLP Can Help

If you or a loved one has been severely injured or killed because a bar or restaurant over-served a customer, immediately contact the Dallas dram shop lawyers at Crowe Arnold & Majors, LLP. We have successfully recovered millions in damages for drunk-driving victims and their families. The injury or death does not necessarily have to be driving related. It can result from other bad acts, such as gun violence or fights. These are routinely alcohol-fueled. Further, if you or a loved one was over-served by a bar or restaurant and self-injury or death occurred – that is, you or the loved one, and not some third party was injured — that can also be a case. In any event, do not wait. It is important to act quickly so that evidence is preserved and memories do not fade.

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