Can You Sue a Bar or Restaurant for a Drunk Driving Accident in Texas?

Get a trusted Fort Worth lawyer who understands dram shop claims

Drunk driving accidents can wreck lives. Maybe you were hit by someone leaving a bar. Or you lost a loved one to a crash involving a driver who was clearly too drunk to be behind the wheel. You know the driver should be held accountable – but what about the bar or restaurant that kept serving them drinks?

In Texas, it is possible to sue an establishment that over-served alcohol to someone who later caused a drunk driving crash. This is known as a “dram shop” case. But it’s not as simple as blaming the bar. These cases have strict legal requirements, and proving liability takes real evidence.

What is Texas’s dram shop law?

Texas has a specific law that deals with lawsuits against bars and restaurants that serve alcohol. It’s called the Texas Dram Shop Act, found in the Texas Alcoholic Beverage Code.

Under this law, an establishment can be held legally responsible for damages if two things are true:

1. They sold or provided alcohol to someone who was “obviously intoxicated” to the point they posed a danger to themselves or others.
2. That intoxication was a direct (or proximate) cause of the injuries or death that occurred.

When is a bar or restaurant legally responsible?

Texas doesn’t automatically blame a bar for every crash involving a drunk driver. To hold the bar accountable, you must prove the person was obviously intoxicated when they were served.

This is what counts as obvious intoxication:

• Slurred speech
• Stumbling or falling
• Aggressive or erratic behavior
• Trouble sitting up straight
• Falling asleep at the bar

If the bartender or server sees this kind of behavior and keeps serving drinks anyway, that can meet the “obvious intoxication” standard.

Then, you must show that the intoxication led directly to the crash. For example, if someone was overserved, left the bar, got behind the wheel, and crashed into your car, that link may be clear.

Who can file a dram shop lawsuit?

If you were hurt by a drunk driver, you may be able to sue the bar that overserved them. This includes:

• Drivers and passengers in other vehicles
• Pedestrians or bicyclists
• Passengers in the drunk driver’s car (in some cases)
• Families who lost someone in a fatal crash

But there’s a limit. In Texas, the drunk driver usually can’t sue the bar for their own injuries. Courts expect people to take responsibility for their own actions. So if a drunk driver is injured in the crash they caused, they won’t be able to sue the establishment that served them.

What kind of evidence do you need to prove a dram shop claim?

Without proof the person was obviously intoxicated when they were served, a dram shop claim probably won’t go far. Examples of useful evidence include:

• Surveillance video: Footage showing the person stumbling, slurring their words, or visibly drunk at the bar.
• Eyewitness testimony: Statements from other patrons, employees, or anyone who saw the person’s behavior.
• Receipts and bar tabs: Records showing how many drinks were served and over what time period.
• Social media posts: Pictures or videos from the bar showing the person drinking heavily.
• Expert testimony: Toxicologists can estimate how drunk the person likely was based on the amount of alcohol served and the timing.
• 911 call records and police reports: These may document intoxicated behavior or statements from the driver or witnesses.

Gathering this kind of evidence early is important. Video can get erased quickly. Witnesses disappear. Bars may deny wrongdoing. An experienced Texas lawyer can launch an investigation quickly and preserve the evidence needed to build a strong case.

Can you still sue the drunk driver, too?

The drunk driver is almost always the primary person responsible for the crash. This means you can sue the driver and the bar at the same time. When pursuing a claim against the drunk driver under Texas’s “at fault” system, you would seek compensation from the driver’s insurance provider.

If the driver was arrested and charged with DWI at the crash scene, this evidence alone would prove that they were impaired. However, you’ll still need to prove that the other driver’s impairment caused the crash. Insurance companies often argue against fault, even if it’s clear that the driver was drunk.

In many cases, drunk drivers don’t have enough insurance to cover the full cost of the damage they cause. Bars and restaurants often carry commercial insurance policies with higher coverage limits. Adding them to the lawsuit may help you recover more of what you’re owed.

In some cases, both the driver and the bar could be ordered to pay damages, depending on how much fault each party shares.

What is the deadline to file a dram shop lawsuit?

Texas has a two-year statute of limitations for dram shop cases. That means you have two years from the date of the crash to file your lawsuit. But don’t wait until the last minute. These cases often require months of investigation and evidence gathering. The sooner you speak with a lawyer, the better your chances of building a strong case.

How does comparative negligence affect my drunk driving accident case?

Texas follows a modified comparative negligence rule with the 51% bar. If you are found to be 51% or more at fault for the crash, you can’t recover any damages. If you’re 50% or less at fault, you can still recover money, but your compensation will be reduced by your percentage of fault.

Let’s say you were hit by a drunk driver, but you were also speeding. You’re found to be 20% at fault. If you’re awarded $100,000 in damages, you would recover $80,000 after the reduction.

This rule also applies in dram shop cases. The bar may try to argue that the driver was mostly at fault to reduce its own liability. That’s another reason why having solid evidence helps prove who was really liable.

Are social hosts ever liable for drunk driving accidents?

Texas law treats bars and restaurants differently from private individuals. If someone hosts a party at home and a guest drinks too much, the host is generally not responsible for what happens afterward. There’s one key exception: if the host knowingly serves alcohol to a minor under age 18, and that minor causes a crash, the host may be held liable.

What damages can you recover in a dram shop case?

If you win a dram shop lawsuit, you may be able to recover damages for:

• Medical expenses for hospital stays, surgery, and physical therapy.
• Lost wages for time missed at work and reduced future earnings.
• The cost to repair or replace your vehicle or personal property.
• Pain and suffering, emotional distress, and reduced quality of life.
• Wrongful death damages such as funeral expenses, loss of companionship, and loss of financial support.

Should I consult a Texas drunk driving accident lawyer?

If you or someone you love was injured in a crash caused by a drunk driver in Texas, don’t hesitate to get legal help. Attorney Coby L. Wooten has more than 30 years of experience fighting for crash victims and holding drunk drivers (and the establishments that serve them) accountable. These claims can be complicated, but our team knows how to investigate and uncover evidence that strengthens your case from every angle.

Coby L. Wooten, Attorney at Law, handles all drunk driving accident claims on a contingency fee basis. That means you don’t pay us anything unless we win your case. During your free consultation, we’ll walk you through what to expect, explain your legal rights, and answer every question honestly.

We serve clients across Fort Worth, Dallas, Arlington, and throughout Texas, and we’re ready to meet wherever is convenient for you. That includes our office, your home, or even your hospital room. Contact us online or call our law office in Fort Worth to schedule your free consultation.

“Coby has represented me on two different occasions. He was thorough and diligent in negotiating a resolution to my case. I am very pleased with the outcome and would definitely recommend him to anyone.” – S.D., ⭐⭐⭐⭐⭐

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