When an intoxicated driver causes a fatal crash in Texas, the bar or establishment that served him may also bear legal responsibility under the Texas Dram Shop Act.
Get Help Now →Losing a 24-year-old daughter, sister, or friend to a drunk-driving crash is a pain no family should have to endure. In the days after a fatal collision like the one on Gessner Road, families are left managing grief, funeral costs, unanswered questions, and the weight of a legal system they were never prepared to navigate. It is an overwhelming and isolating experience.
What many families do not realize is that Texas law may allow them to pursue accountability from more than just the driver. If the driver was served alcohol at a bar, restaurant, or other licensed establishment before the crash, that business may share legal responsibility for what happened. Understanding those options quickly is important because deadlines under Texas law are firm.
A dram shop claim is a civil action brought against a business that sold or served alcohol to someone who was visibly intoxicated and who later caused harm. If the driver charged with intoxicated manslaughter on Gessner Road was served at a licensed establishment before the crash, Texas law may allow the victim's family to pursue a claim against that establishment in addition to the driver. An attorney can evaluate the specific facts.
Under Texas law, a surviving spouse, children, or parents of the deceased may bring a wrongful death action. If none of those parties file within three months, the executor or administrator of the estate may file on behalf of the estate. An attorney can clarify who has standing in your specific situation.
In Texas, the statute of limitations for most wrongful death and personal injury claims is two years from the date of the incident. Missing this deadline typically forecloses the ability to pursue a civil claim, which is why prompt consultation with an attorney is strongly advised.
A criminal charge and a civil lawsuit are separate legal proceedings with different standards of proof. However, evidence gathered during a criminal investigation, including police reports, blood-alcohol test results, and witness statements, can be relevant to a civil claim. A criminal conviction may also support the civil case, though it is not required for a civil action to proceed.
HurtMatch is not a law firm and does not provide legal advice. We are a referral service that connects individuals and families with licensed Texas personal injury attorneys who may be able to help. Contacting HurtMatch does not create an attorney-client relationship. Any such relationship would be formed directly between you and the attorney you choose to work with.