Fatal Drunk Driving Accident

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Fatal Drunk Driving Accident

Fatal Drunk Driving Accident attorney Explains What You Should Know in the Event of the Death of a Loved One in a Fatal Drunk Driving Accident.

A fatal drunk driving accident has the potential to leave a tremendous amount of distress in its wake, ranging from incredible emotional/mental trauma and stresses and damage to the family fabric, to financial destitution. More about Car Accident Attorneys San Antonio here
Texas citizens affected by fatal drunk driving accidents may be eligible for compensation for their pain, suffering, and financial losses via a wrongful death, or drunk driving accident lawsuit. If you have lost a loved one in a  fatal drunk driving accident, please contact the knowledgeable attorneys of our Law Offices, to determine your legal rights, and begin your appropriate course of legal action. Our firm has specialized in Personal Injury and Wrongful Death Law practice for over two decades, and developed a nationally- renowned reputation for positive results. We have won cases against every major insurance company in the nation, and helped thousands of our clients obtain just and fair compensation for their losses.

Wrongful Death and Fatal Drunk Driving Accident lawsuits often prove to be extremely difficult processes for the inexperienced lawyer, or non-attorney to successfully navigate. Proper and thorough investigation of the details of the accident can be the difference between having a claim dismissed, and receiving a fair settlement, or verdict, which effectively resolves your claim. If you have lost a loved one due to the negligence of a drunk driver, you need a capable and experienced legal counselor to represent your interests and ensure that insult is not added to injury. Contact the attorneys of our Law Offices, today, for a free consultation. 

Texas Dram Shop Law and What It Means to Your Wrongful Death, or  Fatal Drunk Driving Accident Lawsuit
By definition, a “Dram Shop”, when utilized in context signifies a place where alcohol can either be obtained, or is provided. The term is taken from its traditional use “dram”—the unit of measure roughly equal to 1/8th of an ounce utilized to describe the small amount of alcohol traditionally sold by shops serving alcohol in the early to late 20th century, as well as an apothecary unit of measure. In 1987, the Texas State Legislature passed the Texas Dram Shop Law Act, which effectively opened those responsible for serving alcohol to individuals to the point of, or exceeding the point of intoxication, to liability for damages arising from any accidents caused by that intoxicated individual. 

The prevalence of alcohol, and fatal drunk driving accidents in the state of Texas required action to be taken to better protect citizens, and facilitate justice in the event of a drunk driving accident, whether fatal or not. Before the passing of the Texas Dram Shop Law, Texas families suffering from the loss of a loved one in a fatal drunk driving accident had little other recourse for obtaining fair and just compensation for the full amount of losses incurred, other than suing the drunk driver. It was often the case that this narrow restriction did not result in an outcome where bereaved families obtained the full compensation needed to resume their lives and properly grieve for their lost loved one.

The Dram Shop Law operates under the duty of care, which all entities and individuals agree to, when obtaining a liquor license in the state, or when serving alcohol. For example, a bar serving alcohol to an individual must have safety protocols in place that allow them to regulate the amount of alcohol consumed by a patron, and must be responsible for the safety of that patron in the event that he or she becomes intoxicated more quickly than anticipated by the employees of the bar. In many cases, if a person leaves a bar, restaurant, or other such entity while obviously intoxicated, then the bar, restaurant, or other such alcohol serving entity may be held responsible for any damages—including injuries and even deaths—caused by that intoxicated person.

Utilization of the Texas Dram Shop Law in cases of wrongful death lawsuits resulting from drunk driving accidents present a number of obstacles which may further complicate the legal process of successfully resolving your wrongful death lawsuit. There are four frequent legal obstacles you are likely to encounter in your pursuit of compensation, for the wrongful death of your loved one.

Jury misconceptions 
An experienced defense team 
The “Third Party” defense 
And wealthy ruthless insurance companies 

Jury Misconceptions Regarding Dram Shop Law
More often than not, juries hearing cases of accidents caused by drunk drivers, where the drunk driver has served time in jail for the breaking of the law, determine that justice has been served, and that there is no further need for punishment. They often do not understand the financial ramifications that the wrongful death of a loved one often brings, such as funeral expenses, the detrimental financial impacts of income lost, medical or hospital expenses incurred (should the victim have been hospitalized before their death), or other such losses. It is necessary to have the aid of a well-informed and experienced legal representative, who will properly present factual evidence in support of your claim for compensation from responsible third parties. A knowledgeable and skilled  Wrongful Death or Fatal Drunk Driving Accident Attorney will also take the time and effort necessary to convince the members of the jury of the need for the additional compensation sought from responsible third parties. The  Wrongful Death and Fatal Drunk Driving Accident Attorneys of our Law Offices have helped hundreds of our bereaved clients obtain fair and just compensation, by successfully holding third parties responsible for their involvement in drunk driving accidents resulting in wrongful deaths. 

Experienced Legal Defense Lawyers

In passage of the Dram Shop Law, the Texas Legislature unwittingly created a culture of opposition, within both the legal and business worlds, in which bars, restaurants, and other such entities selling or serving alcohol and defense lawyers partner in attempts to deny liability for damages, arising from fatal drunk driving accidents. There has come into existence “Liquor Liability” defense law firms who exclusively handle the defense of Dram Shops held liable for damages in fatal drunk driving accidents. These law firms have developed a credible amount of experience in defeating the use of Texas’s Dram Shop Law, however, the skilled and well-informed  attorneys our Law Offices provide more than just a match for their tactics and arguments. Our Law Offices has successfully defeated the legal arguments of every major Liquor Liability law firm, and recovered thousands of dollars of damages for hundreds of our clients. If you have lost a loved one in a fatal drunk driving accident on the roads of Texas, contact our Law Offices, and let us be your shield against the defense law firms’ attempts to deny your claim for fair and just compensation for your loss.

The “Third Party” Defense in  Fatal Drunk Driving, and Wrongful Death Accidents

Should your pursuit of compensation go to trial, the legal defense strategy will center– most certainly– on the drunk driver him/herself. It will be the goal of the defense lawyers to prove that the greater or greatest responsibility for the death of your loved one lies with the drunk driver (to diminish the apparent responsibility of their client(s), who served or sold the alcohol to the drunk driver). However, your  Fatal Drunk Driving or Wrongful Death Accident Attorney, from our Law Offices, will ensure that the members of the Jury fully recognize and understand the complicity of the Dram Shop(s) in the accident that took the life of your loved one. We will fight, at every turn, to skillfully overturn their lawyers’ legal arguments and expose the liability of their clients. With a nationally recognized reputation for obtaining results for our clients suffering, caused by the negligence of others, you can be assured that we will obtain the compensation due, so that you can resume your life.

Insurance Companies, and Their Potential Role in Your Pursuit of Fair and Just Compensation for Your Losses
We often encounter defense strategies dictated by insurance companies attempting to avoid having to pay damages on behalf of their clients. Be advised that it is in the best interests of the insurance companies to pay as little as possible to you, the victim in the event of any accident cause by the negligence of their policy holder(s). Tactics utilized by these companies range from tricking you into accepting a low-ball settlement (one which is wholly insufficient to fully recover your financial losses), to intentionally attacking the character of your lost loved one—in an attempt to place blame upon them for their own wrongful death). Insurance companies facing the gauntlet of legal action, and the greater potential for subsequent awards of damages possible in trial, enlist an entire range of strategies and arguments to either completely avoid liability, or decrease the amount they will have to pay. The attorneys of our Law Offices want you to rest easy. We have successfully battled nearly every major insurance company in the country and recovered thousands of dollars in damages suffered by our clients. Every major legal defense law firm in the nation recognizes our reputation for thorough investigation and aggressive litigation in pursuit of justice for our clients. Although recent judicial decisions and legislative actions have further restricted the successes of other law firms’ attempts to secure justice for their clients, our Law Offices continues to be one of the most highly recognized legal practitioners known for successfully litigating cases, and providing positive results for our clients. Do not allow your legal rights to be taken from you, or your entitlement to just and fair compensation for your losses to go unused. If you have lost a loved one in a  fatal drunk driving, or wrongful death accident contact the attorneys of our Law Offices today for a free consultation. Let us recover your financial losses, protect the memory of your loved one and battle for your rights. We are here for you.

Leave a Reply