Negligence in McKinney Drunk Driver Accidents

Dram Shop Laws

The second factor when dealing with a driver who is intoxicated is the dram shop aspect of the case. The law is fairly clear that the more intoxicated an individual is, the less responsible they probably are and the more responsible the bar or restaurant that over-served them probably is. It is one thing to serve a patron to the point of bare minimum legal intoxication, which potentially would result in some responsibility for the bar. It is something else to over-serve someone until he or she cannot function, and then allowing them to drive home, exposing all parties to horrific harm, including the drunk driver. The law in Texas on dram shop does allow the drunk driver to maintain the claim. However, the law still splits fault between the drunk driver and the potentially at-fault bar. If the driver is more than 50% responsible for his or her injuries, the law bars recovery under the 50% bar rule. While it is very difficult to make one of those claims actionable, in the right circumstance, it could still be possible.