A Drunk Driver Hit You in Texas: The Bar Can Be Liable Too

A drunk driver hits you. The obvious thought is that they're the only one responsible — and yes, they are. But many victims don't know something that can completely change their case: in Texas, the place that kept serving them alcohol while they were already drunk can also be liable for your damages. It's called the Texas Dram Shop Act, and it's worth knowing about.

What is the Texas Dram Shop Act?

It's a Texas law that holds alcohol-selling establishments —bars, restaurants, cantinas, halls— liable when they serve someone who is already 'obviously intoxicated' and that person later causes an accident. The idea is simple: a business can't keep selling drink after drink to someone clearly drunk and then wash its hands when that person hurts others behind the wheel.

Why does this matter so much for your case?

Here's the practical part. Often, the drunk driver doesn't have enough insurance —or has nothing— to cover your injuries. If they were the only one responsible, you'd be left empty-handed. The Dram Shop Act opens a second responsible party: the establishment, which usually carries much larger commercial insurance. That can be the difference between your case having something to recover from or not.

What evidence is used against the establishment?

Proving the place over-served someone already drunk takes evidence — and that evidence disappears fast. That's why you have to act quickly. What's typically used:

• Security cameras from the bar or restaurant showing the driver being served.
• Receipts and tickets for the drinks (how many, at what time).
• Witnesses: servers, bartenders, other customers.
• Establishment and staff records of who served them.
• The driver's alcohol level (police tests, the accident report).

How long do I have to file?

In Texas, you generally have 2 years from the date of the accident to file your claim. But don't wait until the end: evidence against the bar —footage, receipts, witnesses' memory— is lost within weeks. The faster you act, the stronger your case.

Can the bar defend itself?

Yes, and it's good to know so you don't get discouraged. Establishments sometimes use a defense called 'Safe Harbor': they argue they trained their staff and had policies not to serve drunk people. But that defense doesn't automatically erase your case — it has to be investigated. Often the training existed on paper but wasn't followed that night. That's why early investigation is so important.

What to do after an accident with a drunk driver

1. 1Call the police and make sure there's a report; if alcohol was involved, get it documented.
2. 2See a doctor even if you feel 'so-so.' Your health and your record come first.
3. 3Note or ask where the driver was drinking, if possible — that detail can lead to the second responsible party.
4. 4Keep everything: photos, witness info, the police report.
5. 5Don't accept the first offer from any insurer without advice.
6. 6Talk to a lawyer soon — evidence against the bar disappears fast.

How a lawyer helps

An accident lawyer quickly investigates where the driver was drinking, preserves the cameras and receipts before they're erased, identifies everyone responsible —driver and establishment— and fights so your case has something to recover from, especially when the drunk driver has no insurance. With more than 30 years of experience in Texas courts, Ruiz & Associates knows how to find that second responsible party. We're bilingual, we answer personally, and we serve Eagle Pass, Maverick County, San Antonio, and all of Texas. We work on contingency: you pay nothing unless we win your case.