Austin Dram Shop Lawyer

In some cases, yes: if a business that sells alcohol served the driver who hurt you or someone you love, you may be able to bring a claim against that business as well as the driver. Texas law sets a high bar for these claims, and the outcome turns on what the staff saw and knew at the time of service. I am a Board Certified Personal Injury Trial Lawyer at the Law Office of Robert House in River Place, Austin, Texas 78730, and I look at both the driver and the business when a drunk driver causes a crash.

Who This Page Is For

This page is for people hurt, and families who lost someone, in a crash caused by a driver who had been drinking at a restaurant, bar, or event. Many people in that position do not know a business can sometimes be responsible too. A drunk-driver crash is still a car crash, so my Austin car accident lawyer page covers the basics of that claim. If the driver hit you as a passenger, rider, or pedestrian, see my pages for Uber and Lyft passengers, motorcyclists, and pedestrians.

If you were hurt in a fight or assault at a place that serves alcohol, call me too. Those claims work differently. See my Austin negligent security lawyer page.

How a Claim Against the Business Works

The claim against a business that sold or served the alcohol is separate from the claim against the driver. The driver is one defendant and often has limited insurance. A business that sells alcohol can be another, and each claim has its own proof.

The core question is whether the driver was obviously intoxicated, to the point of being a clear danger to others, when the business served them, and whether that service helped cause the crash. It is not enough that the driver had been drinking. The focus is on what the server could see at the time.

The Texas Supreme Court has recently made these claims harder to prove and evidence is more important than ever. I say that plainly because no one should think a claim like this is automatic.

Who May Be Responsible Besides the Driver

Depending on the facts, responsibility can reach the driver and a business that sells alcohol. People drink out all over the Austin area, from downtown and the Domain to restaurants around Lake Travis, Lakeway, and Bee Cave. I look at everyone who may share responsibility so your claim is not limited to one defendant.

Evidence That Disappears Fast

This is the part that matters most right now. In a dram shop case, much of the proof sits with the business, and it is easy to lose. Video is overwritten and staff memories fade. I wrote about the same problem after truck crashes in evidence that disappears fast after a truck wreck, and the lesson is the same here. The evidence I look for includes:

• Video from the bar or restaurant and from the street outside
• Receipts, tabs, and credit-card records showing what was ordered and when
• The names of the server and bartender, and of anyone who sat with the driver
• Witnesses who saw how the driver looked and acted
• The driver’s own statements about where and what they drank
• The police report and any blood-alcohol results
• The time between the last drink and the crash

Once you hire me, I can send a preservation letter to the business right away, asking it to keep its video and records. That does not guarantee everything is kept, which is why I would rather send it early.

Other Sources of Recovery

A claim against a business is not the only place money can come from. Depending on the facts, the driver’s auto policy may respond, your own PIP and UM/UIM coverage may help, and in some cases the driver’s employer may be involved. None of this is a promise of coverage; it depends on the policies and the facts. See Texas PIP vs MedPay vs UM/UIM for how your own coverage works.

When a Drunk Driver Kills Someone

If you lost a family member, I am sorry. Families of people killed by a drunk driver may have a wrongful death claim against the driver and, in some cases, against a business that served them. Who can bring a claim depends on the family and the facts, so please call me and we can talk it through. My wrongful death lawyer Austin page explains more.

Injuries and Damages

Depending on the case, the losses that may be claimed include medical bills, lost income, pain, and long-term care. I do not put a number on any case before I understand the injuries and the proof.

What to Do After a Drunk-Driving Crash

• Call 911 and get medical care, even if you feel okay at first.
• Ask the police to note any suspected intoxication in their report.
• Take photos of the scene, the vehicles, and your injuries.
• If you learn where the driver had been drinking, write it down.
• Get names and phone numbers of witnesses.
• Keep your medical records and bills.
• Call a lawyer quickly, so evidence can be preserved.

Do not give a recorded statement to the other driver’s insurer before you talk to a lawyer. The other side may also argue you share some blame; see partly at fault in Texas.

Deadlines Are Strict

Injury claims have strict filing deadlines, and waiting risks losing the evidence a claim against a business depends on. I explain the general rules on my Texas personal injury statute of limitations page. Please call me early so we can confirm what applies to you.

Why Work With a Board Certified Trial Lawyer

These claims are hard, and businesses and insurers defend them from the start. I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a certification I have held since 2017. You work with me directly from River Place in Austin, and I handle the claim against the business and the claim against the driver’s insurance together. Free consultation. No fee unless we recover for you. Call (512) 872-2264.

Austin Dram Shop FAQ

Can I sue a bar for serving a drunk driver who hit me in Austin?

Sometimes. A business that sells alcohol can be held responsible in some cases, but Texas law sets a high bar, and the question is what the staff saw and knew when the driver was served. I cannot tell you whether you have a claim until I look at the facts.

What does “obviously intoxicated” mean in a Texas dram shop case?

Generally, it means the driver showed clear signs of being intoxicated, to the point of being a danger to others, when the business served them. The focus is on what the staff could see at the time, such as speech, balance, and behavior, not just on how much the driver later drank.

How long do I have to bring a claim against a bar in Texas?

Deadlines are strict, and waiting risks losing evidence such as video and records. Read my Texas personal injury statute of limitations page, and call me early so I can confirm what applies to your situation.

Can the family of someone killed by a drunk driver sue the bar?

In some cases, possibly. Families may have a wrongful death claim against the driver and, depending on the facts, against a business that served them. Who can bring the claim depends on the family. See my wrongful death page.

What evidence do I need against the bar?

What matters is proof of how the driver looked and acted when served: video, receipts and tabs, card records, staff names, and witnesses. Much of it sits with the business, which is why I send a preservation letter quickly.

Should I still go after the drunk driver’s insurance?

Yes. The driver’s insurance is generally still part of the claim. A claim against a business does not replace it, and your own coverage may matter too.