When you’re injured in an accident caused by a drunk driver, you can bring a lawsuit against them to hold them responsible for your injuries, and collect damages that will enable you to recover and get your life back. There are circumstances, however, where you can also bring a lawsuit against those who served them the alcohol.
There are two general types of suits that fall under this heading—someone was drinking at a bar or restaurant, or someone was drinking at a private party or gathering. Learn the differences, when in Texas you can sue the host of a gathering, and how an Odessa car accident lawyer can help you get compensation.
Liability of a Host in Texas
Some states hold the hosts of gatherings responsible for the actions of anyone who drinks there. Texas does not have such unlimited statutes—known as social host liability. Generally speaking, in Texas, adults who drink at a private gathering are responsible for their own actions, and other people at the party can’t be considered liable for what they do.
Minors and Alcohol
However, there is an exception to this rule, where the host of a party can be held responsible for someone else’s drinking. In Texas, anyone over the age of 21 who serves alcohol to someone who is underage can be held responsible for that minor’s actions. There are two strictures in place that have to be met for this to apply:
- The adult serving the alcohol must not be the legal guardian, parent or spouse of the intoxicated minor;
- The adult must’ve served the alcohol knowingly to the minor, or must have knowingly allowed them to drink on their property.
These are important distinctions. If a drunk driver causes an accident and was underage, but the person who gave them the alcohol was a parent, guardian or spouse, you cannot file suit against that person, only against the driver. You can, however, sue the host of a party if, for example, they were drinking at their friend’s house, and their friend’s parent gave them the liquor or knew they were drinking and didn’t stop them.
Odessa Car Accident Lawyer
When you’re hurt in an auto accident, you want nothing more than to have your injuries and damages covered, so you can get well and get your life back. You deserve compensation for your injuries, but sometimes holding the guilty parties responsible can be tricky. Insurance companies will try just about anything to avoid paying and you need someone experienced in how the law works to fight back on your behalf.
If you’ve been in this kind of accident, call the services of a qualified Odessa car accident lawyer. Make sure your rights are protected and you get the full compensation to which you’re entitled under the law. For more information and a free, no-obligation discussion about your case, contact the offices of Robert White today.