Quick answer:
- When a drunk driver hurts you, the bar that over-served them may also be legally responsible under Texas dram shop law.
- Dram shop claims matter because drunk drivers often carry minimal insurance while businesses carry much more.
- Ryan Orsatti Law investigates the driver and the bar. Calls answered 24/7: (210) 525-1200. Free consultation, no fee unless we win.
How Texas Dram Shop Law Works
Under Chapter 2 of the Texas Alcoholic Beverage Code, a business that sells alcohol can be held liable when it serves a customer who is obviously intoxicated to the extent that they present a clear danger to themselves and others, and that intoxication proximately causes injury. The claim runs alongside your claim against the drunk driver, it does not replace it.
Two Sources of Recovery, Not One
| Question | Drunk driver | Bar or club |
|---|---|---|
| Legal basis | Negligence, negligence per se | Texas Alcoholic Beverage Code Ch. 2 |
| Typical insurance | Often minimum auto limits | Commercial liquor liability policies |
| Key evidence | Police report, BAC, driving facts | Receipts, video, service witnesses |
What to Do After a Drunk Driving Crash
- Get medical care and keep every record.
- Ask for the crash report and note any DWI arrest.
- Write down where the driver had been drinking if known.
- Talk to a lawyer quickly. Bar surveillance video is often overwritten within days, and a preservation demand needs to reach the establishment fast.
Frequently Asked Questions
What is a dram shop claim in Texas?
A claim against a bar, restaurant, or club that served alcohol to a person who was obviously intoxicated to the point of being a clear danger, who then hurt someone. It comes from Chapter 2 of the Texas Alcoholic Beverage Code and runs alongside the claim against the drunk driver.
Why bring a dram shop claim if the drunk driver is already liable?
Because many drunk drivers carry minimum insurance that cannot cover serious injuries. A bar that over-served may have substantially more coverage, and holding it accountable also addresses the business practice that put a dangerous driver on the road.
What evidence matters in a dram shop case?
Receipts and tab records, surveillance video, witness accounts of the driver’s condition, toxicology results, and the bar’s training and staffing records. This evidence disappears quickly, so early preservation demands matter as much as in a trucking case.
What does it cost to pursue this?
Nothing up front. We handle these cases on contingency, so you pay no attorney’s fees unless we win. Free consultation, calls answered 24/7: (210) 525-1200.
Ryan Orsatti Law focuses on motor vehicle, 18-wheeler, and oil field injury cases in San Antonio, and drunk driving crashes with a dram shop angle are a recurring part of that work. Call (210) 525-1200, answered 24/7, or contact us online. Related: drunk driving accident lawyer.