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Drunk driving accidents are among the most devastating collisions on Texas roads and they’re also among the most preventable. When a drunk driver causes serious injuries or death, it’s easy to focus solely on the driver’s actions. But in some cases, the bar, restaurant, or establishment that overserved that person may also be held accountable under Texas law.
These types of cases fall under what’s known as Texas Dram Shop Laws. This set of laws allow victims to hold alcohol-serving businesses (and sometimes social hosts) legally responsible when their negligence contributes to a drunk driving accident.
At Scott Callahan & Associates, we’ve helped countless Texans understand their rights in DUI-related injury cases. Here’s what you need to know.
The term “dram shop” comes from an old British word for a unit of alcohol — a “dram.” In modern terms, a dram shop law allows victims to sue bars, restaurants, or other establishments that serve alcohol to someone who later causes harm because of intoxication.
In Texas, these laws are defined by the Texas Alcoholic Beverage Code, Chapter 2 (Liability for Serving Alcoholic Beverages). The statute was designed to promote responsible alcohol service and deter overserving intoxicated patrons.
Under the Texas Dram Shop Act, a bar, restaurant, or other alcohol provider can be held responsible if:
If that person then causes an accident that injures or kills someone, the establishment may share liability for the damages alongside the intoxicated driver.
Example:
A bartender continues serving drinks to a customer who is slurring, stumbling, and clearly intoxicated. That customer later gets behind the wheel, runs a red light, and crashes into another vehicle.
In this case, both the driver and the bar could be held liable for the victim’s injuries.
Proving dram shop liability can be complex but not impossible. A skilled attorney can uncover key evidence, such as:
Because evidence can disappear quickly (i.e. video footage is often erased within days) it’s crucial to contact a lawyer as soon as possible after a crash.
Dram shop liability often comes into play in DUI and DWI-related crashes. In many of these accidents, the drunk driver’s blood-alcohol content (BAC) far exceeds the legal limit of 0.08%.
When that level of intoxication could only have been achieved through continued alcohol service at a bar or restaurant, it raises red flags.
In some tragic cases, overserving contributes directly to fatalities, leaving families with lifelong loss and grief. Holding the establishment accountable not only helps victims recover compensation, but it can also prevent future overserving and save lives.
Texas dram shop laws primarily apply to licensed establishments and not private individuals. However, there is one exception:
A social host (private individual) can be held liable if they knowingly serve or provide alcohol to a minor under 18, and that minor causes injury or damage as a result.
For example, if a parent hosts a party where teens are allowed to drink, and one of them later causes a crash, the parent may face civil liability under the law.
If a bar or restaurant is found liable under the Texas Dram Shop Act, victims may be entitled to compensation for:
In particularly egregious cases, such as when a bar knowingly breaks the law or has a history of violations, punitive damages may also be available to punish the establishment and deter similar behavior.
The statute of limitations for dram shop lawsuits in Texas is typically two years from the date of the accident. However, waiting too long can severely weaken your case.
Bars often delete surveillance footage and discard transaction records within days or weeks. The sooner your legal team begins investigating, the better the chances of preserving critical evidence.
Across Texas, dram shop claims have resulted in substantial settlements and verdicts for victims.
In one notable Houston-area case, a restaurant was found liable for overserving a customer who left and caused a fatal head-on collision. The outcome is still pending.
These cases highlight how holding bars accountable not only brings justice to victims but also pressures the industry to serve responsibly.
Unlike a straightforward car accident claim, a dram shop case requires proving two levels of negligence:
That means collecting two sets of evidence, interviewing multiple witnesses, and possibly dealing with both insurance companies and corporate legal teams.
Without an experienced attorney, victims often face an uphill battle against powerful businesses and insurers determined to avoid blame.
At Scott Callahan & Associates, we know how to hold negligent bars and restaurants accountable. With decades of experience handling personal injury and wrongful death cases across Texas, we have the resources and expertise to investigate, prove, and win complex dram shop claims.
Our team can:
We fight for justice — not just compensation — to make Texas roads safer for everyone.
The holidays should be a time of celebration, family gatherings, and reflection; not stress and financial hardship. Unfortunately, this season can be one of the most dangerous times on Texas roads. Between Thanksgiving and New Year’s, car accidents spike due to increased travel, holiday parties, and general distractions.
When these crashes happen, insurance companies know you’re vulnerable and they often take advantage of the chaos to protect their profits.
At Scott Callahan & Associates, we’ve seen firsthand how insurers use the holiday season to minimize payouts and pressure victims into quick settlements. Here’s what you need to know to protect yourself and your family this holiday season.
Insurance adjusters understand that the holidays are hectic. Between family obligations, financial strain, and time off work, most people simply don’t have the energy to fight a drawn-out claim.
That’s exactly why insurance companies strike when you’re distracted. They count on victims to:
In short, insurers exploit the season’s stress to protect their bottom line.
Many people face extra expenses in November and December such as holiday gifts, family trips, or unpaid time off work. Insurance companies know this and often make quick but unfair settlement offers hoping you’ll accept out of desperation.
These offers rarely cover long-term medical care, lost wages, or pain and suffering. Once you accept, you typically waive your right to seek more later (no matter how much your expenses grow).
Ever heard “our offices are short-staffed for the holidays”? It’s a common excuse used to delay payments or stall your claim. Insurers know the longer you wait, the more pressure builds for you to settle.
This tactic is especially frustrating if your car needs repairs or you’re facing mounting medical bills. Don’t let their delay tactics force your hand; your patience could save you thousands.
If you don’t seek medical attention immediately after an accident – perhaps because you’re traveling, busy with family, or think you’ll “feel better soon” – the insurance company may argue your injuries aren’t serious.
They’ll claim your delay proves the injury wasn’t caused by the accident. This is why prompt medical documentation is critical, even during the holidays.
After an accident, especially during what’s supposed to be a joyful time, emotions can run high. Insurance companies use this to their advantage by contacting victims early (sometimes within hours of a crash) before they’ve had time to think clearly or consult a lawyer.
Their goal? To get you to admit partial fault, sign statements, or accept settlements before you fully understand your rights.
It’s tempting to take a quick payout when you need holiday cash—but don’t. Wait until you know the full extent of your injuries and vehicle damage. Settling too early often means leaving significant compensation on the table.
Keep detailed records of the accident, medical treatments, and any communication with the insurance company. Save receipts, emails, and adjuster notes. If you speak with an insurance rep, follow up in writing to confirm what was said.
Even minor aches or stiffness could signal a more serious injury. Getting checked out right away protects your health and strengthens your claim. Insurance companies can’t argue you weren’t hurt if a doctor confirms your injuries early.
Adjusters often sound friendly but are trained to get you to say things that weaken your claim. Politely decline to give recorded statements until you’ve spoken with an attorney.
An experienced lawyer knows these tactics and can stop them in their tracks. Your attorney can handle negotiations, gather evidence, and ensure deadlines are met—so you can focus on recovering and enjoying time with your family.
The end of the year can also bring legal and financial deadlines that make timing crucial:
At Scott Callahan & Associates, we’ve helped countless Texans stand up to powerful insurance companies—especially when they try to take advantage during stressful times. We know how these corporations operate, and we don’t let them push our clients around.
Whether you were hit by a drunk driver after a holiday party, injured in a shopping center parking lot, or dealing with an unfair insurance delay, we’re here to fight for you.
We handle everything from start to finish, including:
After an accident, victims often face more than just medical bills and lost wages. They deal with daily pain, emotional struggles, and the frustration of a disrupted life. While medical costs are easier to calculate, the question many accident victims ask is: “Can I recover money for pain and suffering?”
The answer is yes. In many personal injury cases, Texas law allows accident victims to seek compensation not only for economic losses like hospital bills and income, but also for the physical and emotional toll of their injuries. This type of compensation is commonly called “pain and suffering damages.”
In this blog, we’ll explain what pain and suffering means in legal terms, how it’s calculated, and what you need to know if you’ve been injured in Texas.
When the law refers to “pain and suffering,” it covers a wide range of physical and emotional hardships that don’t come with a clear price tag. Unlike a bill from a hospital or a receipt from a mechanic, these damages are intangible but very real.
Examples include:
In short, pain and suffering compensation is meant to acknowledge the human cost of an injury, beyond just the financial bills.
To understand pain and suffering, it helps to distinguish between the two main categories of damages in personal injury law:
These are straightforward, documented with bills, receipts, or pay stubs.
These damages compensate for how your life has been changed, even though they’re not tied to a specific invoice.
Both types are important, and together they form the basis of a fair settlement or verdict.
Yes, Texas law allows accident victims to recover damages for pain and suffering in most personal injury cases. However, the amount and availability depend on several factors:
Unlike a hospital bill, there’s no exact formula for calculating pain and suffering. However, insurance companies and courts typically use a few common methods:
The most widely used approach.
This method assigns a daily dollar amount to your pain and suffering, then multiplies it by the number of days you’ve experienced hardship.
Sometimes, juries or judges rely on precedent, testimony, and expert opinion to decide what is fair, without applying a strict formula.
Key point: Insurance companies will often argue for the lowest multiplier or daily rate possible, while your attorney will present evidence for why a higher figure is justified.
Because pain and suffering is subjective, proof matters. To increase the value of your claim, your attorney may use:
The stronger the evidence, the harder it is for insurance companies to dismiss your suffering.
In most personal injury cases, there is no cap on pain and suffering damages in Texas. However, there are exceptions:
Outside of these exceptions, juries and settlements can award significant amounts for pain and suffering, depending on the circumstances.
Insurance companies know that pain and suffering damages can significantly increase the value of a claim. That’s why they often try to:
Without an attorney, many victims accept far less than they deserve—especially for pain and suffering.
An experienced personal injury lawyer plays a key role in proving and maximizing pain and suffering compensation by:
At Scott Callahan & Associates, we believe every client deserves to be treated with dignity and respect—and that includes fighting for recognition of the very real pain they’ve endured.
So, can you recover money for pain and suffering after an accident? Yes. Texas law allows victims to pursue compensation for the physical and emotional hardships caused by someone else’s negligence.
While these damages are harder to measure than medical bills or lost wages, they are just as important—if not more so—because they reflect the true cost of how your life has changed.
If you’ve been injured, don’t let an insurance company tell you what your suffering is worth. Work with an experienced personal injury attorney who can fight for the full and fair compensation you deserve.
Call Scott Callahan & Associates today for a free consultation at 713-888-9000. Let us protect your rights so you can focus on healing.
