Waco Dram Shop LawyersLast updated on: August 1, 2022
If you were injured by someone who was overserved alcohol, contact Zinda Law group’s Waco DRAM SHOP lawyers AT (800) 863-5312 today
A motor vehicle accident involving a drunk driver can be a traumatizing experience. These accidents can lead to serious injuries and expensive medical bills. To receive compensation for these medical expenses, you may need to file a legal claim. Zinda Law Group’s Waco dram shop lawyers are here to help you through the entire legal process.
If you were injured in a car accident and believe the other driver had been drinking, you should call a Waco drunk driving accident lawyer at Zinda Law Group. Our team can help file your case on time and fight for you in front of a judge if a favorable settlement cannot be made. Contact us today at (800) 863-5312 for your 100% free initial consultation. We are available 24/7 and you do not pay us anything unless we are successful in winning your case.
What are Waco dram shop laws?
Dram shop laws are typically put into place to hold a bar, restaurant, or, in some cases, an individual responsible for the outcomes of overserving another person alcohol or, in limited scenarios, for providing alcohol to a minor. Knowing these laws helps your personal injury attorney answer questions such as: “What is the bar liability for alcohol injuries?” “What is the bar liability for drunk driving?” or “Can I sue a bar?” Waco dram shop lawyers at Zinda Law Group can explain these specific laws in more detail for you.
Until you can speak to one, the following overview of Waco dram shop laws and provisions may prove helpful:
Under Texas law, a dram shop provider is any person who sells or serves alcohol with a license or issued permit. Dram shop laws allow an individual to bring a suit against the alcohol provider if the following conditions are met:
1. It must have been apparent to the provider that the served individual was obviously intoxicated, and the individual presented a clear danger to himself or herself and others; and
2. The intoxication of the served individual was a proximate cause of the subsequent damages suffered.
An illustration of this is when Charlie stopped by Dean’s Diner on the way home from work. Charlie was served many strong, alcoholic drinks, even after he began slurring his words and falling off his chair. Charlie then left the diner, fell into his car, and subsequently got into a motor vehicle accident with Diane.
Diane suffered a broken collar bone and significant lacerations and required immediate medical attention. At this point, Diane could likely bring a negligence claim against Charlie. She may also file a dram shop claim against Dean’s Diner for her injuries.
Texas law also has a provision for an adult, 21 years or older, who provides a minor, 18 years or younger, with alcohol. In this situation, the adult could be held liable for the damages proximately caused by the intoxication of the minor if the following are met:
1. The adult is not the minor’s parent, guardian, spouse, or legal custodian; and
2. The adult knowingly provided the minor with alcoholic beverages that contributed to the minor’s intoxication; or
3. The adult allowed the minor to be served alcohol on the premises owned or leased by the adult.
An example of this was when Kelsey stopped by her friend’s house for a party. Kelsey was 17 years old and her friend, Richard, was 23 years old. Richard bought a keg for the party and told Kelsey she could drink from it.
Kelsey drank multiple beers then chose to get into her car to go home. On her way home, Kelsey swerved and hit Amanda, a pedestrian who was jogging on the sidewalk. Amanda suffered a traumatic brain injury and required significant medical treatment. Under this dram shop law provision, Amanda could bring claims against both Kelsey and Richard.
If you were injured in Waco and think the other individual was overserved alcohol or was a minor who was provided alcohol at a social situation, contact a Waco drunk driving accident attorney today. Our team can explain Waco dram shop laws, investigate your case, and determine who was at fault for your injuries.
We are available to our clients 24 hours a day, 7 days a week, so call our team as soon as possible. We can help answer many of your questions, including “Can I sue a bar or restaurant?” and “What is the bar liability for drunk driving?” But we need time to prepare your case before the deadline to do so expires.
how long do I have to file my Drunk Driver Accident claim?
Unfortunately, you do not have an unlimited amount of time to file many kinds of lawsuits. The legal time limit to file a claim is referred to as the statute of limitations. The statute of limitations will differ depending on the type of claim you are filing and the jurisdiction in which you are filing.
The statute of limitations for filing a personal injury case for motor vehicle accidents in Texas is two years. This means that you will have two years from the date of your accident to file your personal injury claim. For example, if you got into an accident with a drunk driver on July 1, 2022, you would have until July 1, 2024, to file your personal injury claim. Failure to file your claim on time may bar you from receiving compensation for your physical injuries, mental anguish, and property damage.
If you were injured by a drunk driver, contact Waco dram shop lawyers at Zinda Law Group today. We have ample experience in investigating motor vehicle accident claims, determining fault, and filing cases within the statute of limitations. Call our team today to discuss your claim and to begin your specific case.
what injuries could I sustain from a drunk driving accident?
You may be suffering from a wide variety of injuries following a drunk driving motor vehicle accident. The severity of your injuries will likely depend on the type of accident suffered. For example, you are more likely to be seriously injured if you are hit head-on while the other driver is speeding than when you are involved in a fender-bender at a rolling pace.
Drunk driving accident injuries may cause you to suffer from long-term disability or extensive treatment programs. Although each case is different, the following is a more detailed explanation of some of the injuries you may sustain from a motor vehicle accident with a drunk driver in Waco:
Spinal Cord Injuries
Spinal cord injuries are often serious and may cause permanent changes in the victim’s strength, sensation, and bodily functions below the injury site. Victims of these injuries may also be affected mentally, emotionally, and socially.
There are two main classifications of spinal cord injuries. The first is referred to as complete, which is the loss of all feeling and ability to control movement below the injury site. The second is referred to as incomplete, which is limited movement and feeling below the injury site.
The signs and symptoms of a spinal cord injury include loss of movement, altered sensation, loss of bladder control, and pain caused by damage to the nerve fibers in the spinal cord. In addition, the emergency signs and symptoms of a spinal cord injury include extreme back pain in the neck, head, or back, weakness or paralysis in any part of the body, impaired breathing, and an oddly positioned or twisted back or neck. Always seek medical attention if you have experienced significant trauma to the head or neck.
Millions of individuals suffer from broken bones, or bone fractures, after being hit by a drunk driver each year. There are many different kinds of bone fractures, including:
- Closed fractures. Closed fractures are those that do not break open the skin.
- Open fractures. Opened fractures are those that do break open the skin.
- Displaced fractures. Displaced fractures are those where a gap forms where the bone breaks.
- Stress fractures. Stress fractures are those that cause the bone to get a crack in it.
- Complete fractures. Complete fractures are those that cause a break to go completely through the bone, subsequently separating the bone into two pieces.
- Partial fractures. Partial fractures are those that do not go all of the way through the bone.
With many breaks, the injury may be obvious. Other signs and symptoms include difficulty using the limb, noticeable bumps or twists, severe pain, and swelling. If you believe your accident caused you to have a broken bone, seek immediate medical attention. Furthermore, see a medical professional if you have a treated fracture that does not seem to be healing.
Traumatic Brain Injuries
Traumatic brain injuries affect how the brain works and are a major cause of death and disability. In 2020, approximately 176 individuals in the United States died from traumatic brain injuries each day. There were also more than 223,000 traumatic brain injury-related hospitalizations in 2019.
There are many different types and grades of traumatic brain injuries. Mild traumatic brain injuries include concussions, which are the most common types of traumatic brain injuries. Concussions may be considered moderate if there is a loss of consciousness for over 30 minutes but less than one day.
They may be considered severe if there is a loss of consciousness for over one full day. Furthermore, a closed traumatic brain injury means that an outside force caused the blow to the head, resulting injury to the brain. This type of injury is not uncommon in a motor vehicle accidents.
Signs of a traumatic brain injury include behavioral changes, confusion, nausea, sensitivity to light, sensitivity to smell, and slurred speech. Always contact a medical professional if you are experiencing excessive fatigue, extreme irritability, seizures, or a severe headache that will not go away.
Cuts and Lacerations
A cut is a type of skin wound which results in the separation of the skin. A laceration, on the other hand, is a type of skin wound that is torn or jagged. Symptoms of cuts and lacerations including bleeding, infection, inflammation, damage to the structures beneath the skin, and pain.
Treatments for these kinds of injuries will depend on their severity. For instance, a minor cut may just need to be cleaned, while a major laceration may require specialty surgery. To determine the extent of the injury, you should check to see if you can stop the bleeding or if the wound edges have separated. It is possible there is underlying damage, such as a cut nerve or tendon. Be sure to seek medical attention if you have suffered a serious cut or laceration.
Professional personal injury attorneys know the legal process well
After a drunk driving motor vehicle accident, you may be left suffering from substantial injuries and mental anguish. These injuries may force you to spend thousands or more in various medical costs and therapies. In order to receive compensation for these costs, you will likely need to file a personal injury claim.
If this is the case, contact the Waco drunk driving accident attorneys at Zinda Law Group right away. Our team can help you pursue the maximum amount of compensation available for your medical bills, therapy costs, property damage, and more. The sooner you contact our experienced attorneys, the sooner we can begin to investigate your case.
It is relatively common for individuals to have a drink after a long day at work or when going out to dinner. An issue arises, however, when the individual is overserved or provided alcohol when he or she is already intoxicated. An inebriated individual may have a lapse in judgement, get behind the wheel of a car, and subsequently get into an accident.
The victim of the accident may suffer from life-threatening and long-lasting injuries, such as a spinal cord injury. The victim will then have the choice to bring a personal injury claim against the drunk driver and, under Waco dram shop laws, also against the bar or restaurant that overserved the drunk driver. The legal process can be tedious and requires the help of a Waco drunk driving accident lawyer.
Contact A Waco Drunk Driving accident attorney at Zinda law group as soon as possible to discuss your potential personal injury claim
Have you been injured due to a drunk driver or by someone who was overserved at a bar or restaurant? If so, you should contact a Waco drunk driving accident lawyer at Zinda Law Group as soon as you can. Our experienced team can thoroughly investigate your case, but we need plenty of time to do so.
To receive the maximum amount of compensation available in these type cases, you must determine who was at fault and file the claim accordingly. Our attorneys know which laws are applicable to your situation; we have handled many similar cases.
Zinda Law dram shop lawyers in Waco are dedicated to fighting on behalf of our clients’ legal rights, and we are here for you as well. Call our office at (800) 863-5312 today to discuss your potential drunk driving accident case.
Your initial consultation is 100% free. Furthermore, you will not be required to pay us anything unless we are successful in winning your personal injury case, as our attorneys work on a contingency fee basis. That is our “No Win, No Fee Guarantee.”
Meetings with attorneys are available by appointment only.