Fatal Drunk Driver Accidents

San Antonio Drunk Driving Accident Lawyer Michael Grossman on Fatal Drunk Driver Accidents in San Antonio, TX

Drunk driving wrecks can be horrible for numerous reasons, the least of which may be the death of a loved one. If you’re a loved one, or have a family member who’s been in such a tragic situation, you need to obtain legal assistance as quick as possible to get compensation for your loss.

Attorney Michael Grossman has experience with cases that include a Texas Dram Shop Cause of Action, and he can help you in obtaining proper assistance so you can return to your regular life after enduring such a tragedy because of someone else’s negligence.

Grossman Law Offices is giving you this information to help you understand what your specific legal options are if you or a loved one have been effected by a drunk driving accident in San Antonio or another south Texas city. Drunk driving cases aren’t as clear-cut as they may seem, and what you’re going to read will help you understand why that’s the case. Do not use this, however, as a replacement for solid legal guidance. Drunk driving fatality cases have some specific factors that require certain choices to be made, which is why you should call a savvy, experienced legal team to help you with your drunk driving fatality wreck. Take a look at this content, then contact Grossman Law Offices at 1-855-393-0000 (toll free) for free advice.

How are Drunk Driving Fatality Accident Cases Different Than Normal Car Accident Cases?

When you’re trying to distinguish between drunk driving fatality cases and your “normal” fender-benders. The first thing to note is that drunk drivers cause significantly more damage, both to individuals and property, than simply those who cause an accident because they didn’t pay attention briefly. Though it’s a no-brainer, it must also be noted that the fatality rate is higher with drunk drivers compared to sober ones. When this is all considered, and you also think about the loads of money involved, prosecuting a drunk driving fatality case can be very hard for law firms without a strong track record. If this does happen, expect that insurance policy covering the drunk driver to be defended to extreme levels in court.

The second think to note is that even though the drunk driver is primarily to blame for any harm caused, including death, there are usually other individuals or parties who can be held responsible too. That means that when you take the drunk driver, and others linked, then that leads to the chance for more compensation, which in turn would provide as much normalcy as you could get. That’s why it’s critical to have veteran San Antonio drunk driver fatality lawyer Michael Grossman working for you, because he will be determined to hold everyone accountable involved in the tragedy.

How Can More Than Just the Drunk Driver Be Held Liable?

Everyone knows that with the majority of drunken driving cases, the drunk driver is clearly at fault for any injuries or deaths due to their incredibly irresponsible behavior. If you or a loved one have lost someone tragically because of this, and are in a bind for quick compensation for funeral costs, that drunk driver isn’t the one to focus on at the moment. Yes, justice needs to be served and they need to be held accountable, but there’s always likely others linked to a Texas drunk driving wrongful death case. Individuals, or parties, that practically helped the drunk driver create the accident.

With the Dram Shop Law, as explained by the Texas Civil Practices and Remedies Code, those effected by the death caused by the drunk driver can file a personal injury or wrongful death lawsuit against any business that didn’t hesitate in serving an intoxicated person, which led to them breaking the legal blood-alcohol content level of 0.08%, or knew they were drunk but still allow them to leave their business in that state. Translated: Any bar, restaurant or other business that serves alcohol can be found liable for any accidents their patrons caused while intoxicated. This is why numerous parties are linked to a San Antonio drunk driving fatality case than just the drunk driver. The bar involved is then deemed to be vicariously liable for the fatality.

Why Can Bars Be Held Responsible for a Drunk Driving Fatality?

If a bar or any other business that served alcohol was really serious about making sure their patrons were safe on their drives home, you could safely guess that the number of fatal intoxicated accidents in San Antonio would plummet. That’s why bars are held responsible for their patrons’ poor choices after being intoxicated so that there can hopefully be a decrease of those situations actually happening. Turn on the news late at night, though, and you still hear reports about people being killed by a drunk driver in San Antonio.

What you will find is these businesses, if found guilty of negligence, have the means to pay compensation to the loved ones or family members of the victim who died. They won’t be a hassle, or belligerent either, because they don’t want word to spread nearby among local citizens and lose any further business. When these establishments are held accountable, a stern message is sent to those in the community that making a quick buck and ignoring safety creates a huge risk to the very people who come to these bars or restaurants.

One thing to also keep in mind: Prosecuting a bar or another business doesn’t always guarantee that you’ll get a huge amount of money in return. If a drunk driver and business that serves alcohol are co-defendants in a case, the court will figure out what proportion each person is responsible for. The compensation amount is calculated based on the proportion of liability. For the most part, the drunk driver may bear the majority of responsibility and have to pay most of your compensation. At the same time this shouldn’t be an excuse for you not to make sure everyone involved is held accountable. One of the main purposes of this is to make sure justice is brought to their behavior. The other purpose of this is that by pursuing multiple parties, the chances for getting fair compensation also increase. To explain it further, just know this: The more parties involved in your suit, the better your chances for compensation compared to just targeting one party.

What Does the Law Say About Drunk Driving in Texas?

Someone with a blood alcohol content level of .08% can’t drive or walk in public, according to Texas law. The law also states that bars or restaurants in the state can’t serve customers any alcohol that would cause that customer’s BAC to go above .08%. This is law because there are facts that a drunk person can’t make logical choices if they are too intoxicated. Since they aren’t able to make these proper choices when drunk, a waiter or bartender must firmly take over and protect the customer on their behalf. At this juncture it’s up to the server to place a higher priority on public safety and do whatever is possible – within reason – to make sure that drunk customer doesn’t driver anywhere.

Bars and other businesses know this burden is on them so they put many stringent rules in place to help customers in case they are too drunk to drive. Sometimes they will work together with various cab companies, or offer incentives to people who come frequent their businesses with a designated driver in tow. If measures like these aren’t in place for bars or restaurants, there’s nothing more dangerous or stressful for those establishments when it comes to their bottom-line than the possibility of a drunk driver wrongful death lawsuit. Thanks to a track record that spans two decades, Grossman Law Offices can help out clients in settlements with these businesses, making sure you get assistances for medical bills, funeral expenses, or property damage costs you now have because of that business’ irresponsibility.

What Are Bars or Restaurants Legally Expected to Do?

Courts can find bartenders liable since it’s their responsibility to know all the legal guidelines they must follow in their line of work. For instance:

• Every server at a bar must have a TABC license (Texas Alcoholic Beverage Commission). The training is stressful, but servers emerge with extensive knowledge and laws involving customers. This means that any business that’s TABC licensed can’t play the ignorance card when it comes to someone’s decisions.
• The State also mandates that bars have certain rules and means of tracking how alcohol is distributed and recorded at their respective businesses.
• Bars also must have rules in place for its workers as to how to handle customers who are intoxicated, and that everyone working their follow the same rules.
• Not to be forgotten – servers and bartenders must know how to spot the signs and characteristics that a customer is too intoxicated to drive.

If it comes down to a potential lawsuit and a bar or any other business serving alcohol can show they followed their procedures noted above, they will be ruled not liable for a fatal drunk driving accident in San Antonio. Since most businesses are aware of these guidelines, many will attempt to argue that they’ve met these standards if a personal injury or wrongful death lawsuit is filed. Referred to as the “Safe Harbor Defense,” a defendant basically attempts to hide behind a lie regarding their poor choices. The hard part here is that it’s up to the plaintiff to prove the defendant is lying about those rules previously discussed. In other words, the burden of proof is with the plaintiff’s attorneys, and it’s up to them to show that business serving alcohol was negligent and that behavior result to the drunk driver wrongful death. A law firm that normally doesn’t handle these cases will be challenged, but the San Antonio drunk driver wrongful death law firm of Grossman Law Offices has been taking on these cases for two decades. We are used to this improper approach that’s used and will do what’s necessary to exploit the truth about whether a bar was involved in fatal intoxicated accidents in San Antonio.

What Are the Options in a Wrongful Death Lawsuit?

Getting compensated is the goal, but no amount of money will be able to fill the voide of your loved one, or someone else in your life. You’re already dealing with heavy emotions, which is extremely challenging, but to complicate things even more are the bills that pile up since your loved one was killed by a drunk driver in San Antonio. Our lawyers will do what it takes to make sure and help you regain some normalcy in a speedy fashion. We will make sure and find those who are liable, but at the same time do whatever we can to alleviate the financial pressures after the loss of your loved one.

When you’re dealing with wrongful death lawsuits, it’s important to know you have two options: wrongful death damages and survival damages. Spouses, children, or parents of the individual who died often pursue wrongful death damages. They are meant to assist a plaintiff and the tragic loss of that person in a drunk driver wrongful death accident.

With these damages, they can be used for medical bills paid prior to the victim’s death, funeral bills, the wages lost that the loved one could have added to the family and assistance for emotional difficulties and the loss of that important relationship.

Survival damages serve a different purpose, where the plaintiff almost becomes the victim in a legal setting. Survival damages are an option that the victim could have obtained had they actually made it through the accident. They can also be an additional choice for family members who are already wanting wrongful death damages, and also something that siblings can consider.

These damages can cover medical bills paid prior to the victim’s death, loss of income had the victim been in the hospital for an extended stay, inability to earn wages as a result of any disability, physical trauma and any mental or emotional trauma that emerged from the victim’s accident.

People pursue these damages in different claims, and each has different requirements. It’s a complex process, but our lawyers are skilled in these areas and know what steps to take so nothing is missed and you have the best lawsuit prepared. Our only concern is that your family receives the compensation it deserves from this fatal intoxicated accident in San Antonio.

What Are the Options in a Wrongful Death Lawsuit?

We are aware of the pain and suffering you’re experiencing after losing a loved one. As you grieve, you also need to get compensated financially from this tragedy, so you can return to your routine. It’s understandable to think you don’t have the time, money, or are emotionally able to file a lawsuit against those responsible, but it’s usually the best decision to make for you and others in your family.

If you have any questions or concerns about a wrongful death case for fatal drunk driving accidents in San Antonio, you can call Grossman Law Offices at 1-855-393-0000 (toll free) for a free consultation, and we will take your questions and help you understand what your choices are for this situation.

If a loved one has been affected by a fatal intoxicated accident in San Antonio, they need to call us quickly. The time spent not calling and getting proper legal assistance will only hurt their case, and could mean they don’t have a case entirely. Make sure you can get the total compensation that is necessary by giving us a call today. We would love to help you during this difficult situation.