The drunk driver had a $30,000 policy. The bar that over-served him had $2 million.
Car accident · Texas Dram Shop Act · Commercial alcohol provider liability
Our client was stopped at a red light in southwest Houston on a Friday night. The driver who hit them had a blood alcohol content more than twice the legal limit. Our client spent four days in the hospital. They came home to a medical bill that was already larger than the drunk driver's entire insurance policy.
Most firms would have written a demand letter for the $30,000 policy limit, taken their 33%, and moved on. That's a clean file. It's also the path that leaves the client holding a $80,000 medical tab with no way to pay it.
We took a different approach. In the first 72 hours, we pulled the driver's credit-card statement and traced every bar they'd been in that night. We sent preservation letters — by overnight courier, signed delivery — to each establishment before surveillance cycles overwrote the footage. One bar's cameras showed the driver being served three more drinks after visible signs of intoxication — staggering, slurring, cut off briefly and then served again by a different bartender.
Under the Texas Alcoholic Beverage Code §2.02, that conduct brings the bar's own commercial general liability policy into the case. We filed against the establishment. The available coverage went from $30,000 to over $2 million overnight. Read our full dram shop law guide →
