Local Bar Overserves Underage Driver, Leading to Rollover Accident

- Arnold & Itkin

Arnold & Itkin's motor vehicle accident attorneys are currently representing two young people who were seriously injured in a rollover accident caused by an underage driver who was overserved at a local bar. We look forward to finding the answers they deserve.

In Texas, establishments that serve alcohol must follow strict regulations and laws that not only pertain to the age of the people they’re serving but also to how much alcohol they serve to each customer. These requirements are set forth by the Texas Alcoholic Beverage Code (TABC). They are meant to protect people from the precise type of harm that our clients suffered.

When restaurants, bars, or nightclubs serve alcohol to an individual who “was obviously intoxicated to the extent that he presented a clear danger to himself and others,” they can be held liable (legally responsible) under TABC Section 2.02 for any harm that person causes as a result of their intoxication. Causing a traffic accident is an example of this.

In this case, our clients experienced serious harm because the driver was overserved, long past last call. The driver was also not of drinking age. Our clients were innocent passengers in the vehicle, which rolled over. They suffered severe trauma, including head injuries and back injuries.

“This is an unfortunate example of why alcohol sales are heavily regulated,” our attorneys said in a statement. “But those regulations can't keep people safe if they aren't followed. In this case, multiple violations of the Texas Alcoholic Beverage Code went on to cause a rollover accident.”

We seek to hold the bar, Export Pro. Inc. dba The Dive, and the driver accountable for the harm they caused. We filed this lawsuit in Cameron County, Texas.

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