• March 13, 2019
• CMZ Law
• no comments

Q: Is a bar or tavern owner liable for a drunk driving death caused by one who drank there then drove?

He died while on duty when his patrol car was struck “nearly head on by a drunken driver” who had just left her shift as a stripper. The hero police officer reportedly “took the hit for another citizen who was coming behind him.”  He is survived by his reported common-law wife and their young son, who have commenced a wrongful death lawsuit against the stripper and the strip club owners. She is also seeking death benefits from worker’s compensation.

Texas dram shop lawsuits are cases against bar and tavern owners seeking to hold them liable for car accidents caused by negligent and drunk drivers who drank at their establishments and then injured or killed someone after leaving. Under dram shop laws, the establishment shares in the liability for the injuries or death caused by the drunk driver they served. The stripper was convicted of “intoxication manslaughter of a peace officer” and was sentenced to 32 years in prison.

In a wrongful death lawsuit, the plaintiff has to prove a person’s death was caused by another person’s negligence and that surviving family members are suffering financially as a result of the victim’s death.

Wrongful death cases are complex and damages are determined on a case-by-case basis according to the decedent’s circumstances at the time of death. Compensatory damages may include the following:

• loss of support
• loss of services
• loss of prospective inheritance
• medical and funeral expenses
• and even punitive damages in some cases.

In the case at hand, the police officer’s surviving common-law wife is reportedly facing a third legal battle to yet again prove her entitlement to receive death benefits from the police officers’ Worker’s Compensation fund after findings in her favor at an initial hearing and on appeal.

If you have questions regarding the tragic or unexpected loss of a loved one, whether through a drunk driving accident or another accident, the skilled attorneys at Chandler, Mathis, and Zivley can help you get the compensation to which you are entitled. While we can’t bring your loved one back, you shouldn’t have to suffer financial losses as well. Contact us today for a consultation.

From our offices in Lufkin and Houston, we’ve been serving Texans for over 40 years throughout the Lone Star State as well as those people injured while visiting Texas.