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Drunk driving remains one of the most reckless and preventable causes of fatal accidents in Texas and across the United States. When an intoxicated driver gets behind the wheel, they put countless lives at risk, often leading to devastating crashes that claim innocent lives. Losing a loved one to a drunk driving accident is an unimaginable tragedy, leaving families to deal with not only their grief but also financial and legal burdens.
Scott Scherr at The Payne Law Group is committed to helping families seek justice through wrongful death claims when a drunk driver’s negligence leads to the loss of a loved one.
Dram Shop Laws: Holding Establishments Accountable
In some wrongful death cases involving drunk driving, liability may extend beyond the intoxicated driver. Texas has Dram Shop Laws, which allow victims’ families to hold bars, restaurants, and other establishments responsible if they served alcohol to a visibly intoxicated person who then caused a fatal accident.
Under Texas Alcoholic Beverage Code § 2.02, an establishment can be held liable if:
- They knowingly served alcohol to an individual who was obviously intoxicated
- That intoxication was a direct cause of the wrongful death accident
Dram Shop claims are complex and require evidence such as eyewitness accounts, surveillance footage, or receipts showing excessive alcohol service. An experienced attorney can help determine whether an establishment can be held accountable.
Criminal vs. Civil Proceedings After a Drunk Driving Death
When a drunk driver causes a fatal accident, they often face criminal charges such as:
- Vehicular manslaughter
- Intoxication manslaughter (a felony in Texas)
- DUI/DWI with fatality consequences
While a criminal case can result in penalties like jail time, fines, and license revocation, it does not provide financial compensation to the victim’s family. That is where a civil wrongful death lawsuit comes in.
A wrongful death claim is a separate legal action filed by the deceased’s family against the at-fault party. Unlike a criminal case, which seeks punishment, a civil claim aims to recover compensation for the emotional and financial losses suffered by the surviving family members.
Compensation in a Wrongful Death Claim
Families who lose a loved one in a drunk driving accident can seek compensation for a variety of damages, including:
Economic Damages
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support and income
Non-Economic Damages
- Loss of companionship, love, and guidance
- Emotional distress and mental anguish
- Pain and suffering experienced by the deceased before passing
Punitive Damages
In cases of extreme negligence, such as drunk driving, Texas law allows courts to award punitive damages. These are intended to punish the offender and deter similar reckless behavior in the future.
The Importance of Designated Drivers and Prevention
Drunk driving accidents are entirely preventable. Preventative measures, such as using a designated driver, can save lives. Here are some key tips to prevent drunk driving tragedies:
- Plan ahead: Designate a sober driver before going out.
- Use rideshare services: Apps like Uber and Lyft provide a safe alternative.
- Host responsibly: If serving alcohol at a gathering, monitor guests’ consumption and ensure they have a safe way home.
- Intervene: If you see someone attempting to drive drunk, step in to prevent them from getting behind the wheel.
By making responsible choices, we can reduce the number of families devastated by drunk driving accidents.
Seeking Justice After a Drunk Driving Wrongful Death
If you have lost a loved one due to a drunk driver’s negligence, you deserve justice and financial security for your family’s future. At The Payne Law Group, we are dedicated to holding drunk drivers and negligent establishments accountable for their actions.
Contact The Payne Law Group Today
You should not have to face this difficult time alone. Contact Scott Scherr at The Payne Law Group today for a free consultation. We will fight to ensure you receive the compensation and closure you deserve.