Can You Sue a Bar for Overserving a Drunk Driver in Texas?

If you or someone you love has been injured in a car accident caused by a drunk driver, you may be feeling overwhelmed, angry, and unsure of your legal options. You already know the driver is at fault, but what about the bar or restaurant that kept serving them alcohol long after it was clear they were intoxicated?

Can you sue a bar for overserving? Yes. In Texas, there are laws in place that allow victims to hold alcohol-serving establishments accountable for contributing to drunk driving accidents. These laws fall under what’s known as the Texas Dram Shop Act. This legislation gives victims and their families the right to sue a bar, nightclub, or restaurant if they overserve alcohol to a customer who then causes harm to others.

The aggressive attorneys at Sellers Law Firm are here to help pursue compensation for the physical, emotional, and financial toll of a drunk driving accident. If you believe a bar or restaurant may have played a role in your or your family’s suffering, contact Sellers Law Firm today for a confidential consultation.

A brief guide to Texas dram shop laws

Texas is one of many states with laws designed to hold alcohol providers responsible when they serve alcohol to someone who should have been cut off. These laws are known as dram shop laws, named after an old term for establishments that sold alcohol by the “dram,” or small measure.

Under Texas Alcoholic Beverage Code Chapter 2, a business that holds a license to sell or serve alcohol can be held civilly liable if it serves alcohol to someone who is obviously intoxicated, and that intoxication later causes injuries, damages, or permanent disabilities.

This law exists to discourage irresponsible alcohol service and to help protect the public from the very real dangers of drunk driving.

Are bartenders liable for drunk drivers in Texas?

Yes, but only under certain circumstances. While the law more directly applies to the establishment itself, individual bartenders or servers can also be held liable, especially if it can be proven that they knowingly overserved someone who was clearly intoxicated.

That said, the main focus in a dram shop claim is usually on the business owner or operator. They’re responsible for training their staff, enforcing safe serving practices, and making sure that alcohol is served responsibly.

If a bartender knowingly serves a clearly drunk patron and that patron later causes an accident, the bar or restaurant could face a lawsuit for damages.

What are the elements of a dram shop claim?

Dram shop claims aren’t as straightforward as filing a typical personal injury lawsuit. To hold a bar liable for overserving a drunk driver, you need to prove several legal elements. Specifically, a successful Texas dram shop claim must demonstrate:

The customer was obviously intoxicated when served alcohol. This means the person showed clear signs of intoxication: slurred speech, poor coordination, loud or aggressive behavior, etc. The intoxication must also have been visible enough that a reasonable person would have stopped serving them.
The bar continued to serve the customer alcohol after it was clear they were intoxicated. You’ll need evidence showing the bar ignored visible signs and continued to serve drinks despite the risk.
The intoxication was a proximate cause of the accident or injuries. There must be a direct connection between the bar’s service of alcohol and the damages that occurred. This typically involves showing that the intoxicated individual caused a car accident shortly after leaving the bar.

Proving these elements can be difficult — and is almost impossible without a skilled legal team by your side. Evidence may include eyewitness testimony, security footage, bar receipts, and toxicology reports. That’s where an experienced law firm like Sellers Law Firm becomes essential. Our attorneys know how to build a compelling case that meets all legal standards.

How to file a lawsuit against a bar

Filing a dram shop claim in Texas involves multiple steps, and timing is critical. The Texas statute of limitations dictates that you typically have two years from the date of the accident to file a lawsuit:

Consult an attorney. This is necessary. A dram shop claim requires legal strategy, investigation, and in many cases, litigation. An attorney can review your case, identify liable parties, and collect the evidence needed.
Investigate the incident. Your legal team will gather documentation such as bar tabs, receipts, surveillance footage, witness statements, and police reports. They may also consult toxicologists or accident reconstruction specialists.
File a claim. Once enough evidence is collected, your attorney will file a formal complaint in civil court against the bar or alcohol-serving establishment.
Settlement negotiation or trial. Many dram shop cases are resolved through settlements, but some may proceed to trial if the business refuses to accept responsibility.
Receive compensation. You could receive compensation for medical bills, lost income, pain and suffering, property damage, and other related expenses.

How a skilled dram shop attorney can help

Navigating a dram shop claim requires experience, legal insight, and a strategic approach. A skilled dram shop attorney from Sellers Law Firm can help by:

Conducting a thorough investigation of the incident
Determining whether the bar or bartender violated state alcohol laws
Interviewing eyewitnesses and collecting key evidence
Working with experts to establish causation and strengthen your case
Filing paperwork and negotiating with insurance companies or opposing counsel
Representing you in court, if necessary

At Sellers Law Firm, we are relentless in pursuing justice for victims in drunk driving cases. We understand that no amount of money can undo the pain you’ve endured — but we also believe that holding negligent businesses accountable is one way to bring closure and prevent future harm.

Seeking justice for a drunk driving accident? Call Sellers Law Firm.

Being hit by a drunk driver is one of the most traumatic experiences a person or family can go through. It can leave lasting emotional scars, severe physical injuries, and an overwhelming financial burden. But when a bar irresponsibly fuels that driver’s intoxication, the tragedy deepens. Someone must be held accountable.

Can you sue a bar for overserving a drunk driver in Texas? Yes, and Attorney Frank Sellers fights for victims and their families in Texas who have been harmed due to reckless alcohol service and drunk driving accidents. Our team understands the ins and outs of Texas dram shop law, and we are fully committed to making sure your voice is heard.

If you suspect a bar or restaurant overserved the drunk driver who caused your accident, reach out today. We’ll evaluate your case, explain your legal options, and build a path forward with strength and compassion.

Your fight is our fight — and we won’t stop until justice is served. Call Sellers Law Firm at (817) 928-4222 for a consultation and let us help you get the justice you deserve.

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