Mark Anderson | November 12, 2026 | Personal Injury
Yes, you can sue a bar after a drunk driving crash in Fort Worth, Texas, if the establishment illegally served alcohol to a visibly intoxicated person who later caused the accident. Under Texas’s dram shop law, bars and restaurants can be held liable for injuries caused by intoxicated customers when specific legal requirements are met.
What Is Texas’s Dram Shop Law?
Texas’s dram shop law allows injured individuals to hold alcohol-serving businesses responsible for certain accidents caused by intoxicated customers.
Under Texas Alcoholic Beverage Code § 2.02, a bar can be held liable when:
- The customer was obviously intoxicated when served alcohol.
- The intoxication was apparent enough to present a clear danger to themselves and others.
- The alcohol service was a proximate cause of the injuries.
This law applies to bars, restaurants, nightclubs, and other establishments that sell or serve alcohol.
When Can a Bar Be Held Liable for a Drunk Driving Accident?
A Fort Worth bar can be held liable when employees serve alcohol to an obviously intoxicated customer, and that service contributes to a subsequent drunk driving accident.
Signs of obvious intoxication may include:
- Slurred speech or difficulty communicating
- Stumbling or problems maintaining balance
- Aggressive or unusually disruptive behavior
- Difficulty focusing or staying alert
- Poor coordination or impaired judgment
Serving someone who has consumed alcohol is not automatically negligence. The injured person must establish the specific elements required under Texas law.
What Evidence Can Help Prove a Dram Shop Claim?
Evidence showing that a driver was visibly intoxicated when served alcohol is essential to a Texas dram shop claim.
Important evidence may include:
- Surveillance footage from the bar
- Receipts showing alcohol purchases
- Statements from bartenders and other customers
- Police reports and sobriety test results
- Witness accounts describing the driver’s behavior
- Records showing when alcohol was served
An attorney can investigate the accident and seek evidence before important records are lost or deleted.
Can You Sue Both the Drunk Driver and the Bar?
Yes. Texas law allows injured accident victims to pursue claims against both the intoxicated driver and a bar that unlawfully served them.
The drunk driver may be responsible for operating a vehicle while impaired. The bar may face separate liability under Texas’s dram shop law.
However, Texas also recognizes a safe harbor defense under Alcoholic Beverage Code § 106.14. An establishment may avoid liability if it proves that employees completed approved seller training, the establishment required that training, and it did not encourage violations.
What Compensation Can You Recover?
A successful drunk driving accident claim can provide compensation for financial losses and the personal consequences of serious injuries.
Recoverable damages may include:
- Emergency treatment and ongoing medical expenses
- Lost wages and reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Property damage
- Long-term rehabilitation costs
Anderson Injury Lawyers has recovered over $100 million for injured clients and can help you pursue fair compensation for your losses.
How Long Do You Have to Sue a Bar in Texas?
Texas generally gives injured individuals two years from the accident date to file a personal injury lawsuit.
This deadline comes from Texas Civil Practice and Remedies Code § 16.003. Exceptions can affect the filing period, but missing the applicable deadline can prevent you from recovering compensation.
Contacting an attorney promptly also helps preserve evidence needed to establish the bar’s liability.
Frequently Asked Questions
Can You Sue a Bar for Overserving Someone in Texas?
Yes. Texas law allows lawsuits against bars that serve obviously intoxicated customers when that service causes injuries.
Do You Need Proof the Driver Was Drunk at the Bar?
Yes. You must establish that the customer was obviously intoxicated when served and that the service was a proximate cause of the accident.
How Much Does a Dram Shop Lawyer Cost?
Anderson Injury Lawyers offers free consultations. Ask about contingency fees and case expenses before hiring an attorney.
Can You Sue a Bar After a Fatal Drunk Driving Accident?
Yes. Eligible surviving family members may pursue wrongful death claims against a bar that meets Texas’s dram shop liability requirements.
Contact a Fort Worth Personal Injury Attorney at Anderson Injury Lawyers for a Free Consultation
If a drunk driver injured you or killed a loved one, the bar that served them may share responsibility. Anderson Injury Lawyers can investigate your accident, determine who may be liable, and help you pursue compensation for your injuries and losses.
Contact our Fort Worth personal injury lawyers today to schedule a free consultation and learn more about your legal options.
We proudly serve Tarrant County, Dallas County, Travis County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900
Find us with our GeoCoordinates: 32.74621197527774, -97.33552733508391
Anderson Injury Lawyers – Fort Worth Office (Secondary)
6618 Fossil Bluff Dr # 108, Fort Worth, TX 76137
(817) 631-4113
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Anderson Injury Lawyers – Dallas Office
408 W Eighth St Suite 202, Dallas, TX 75208
(214) 327-8000
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Anderson Injury Lawyers – Austin Office
811 Nueces Street, Austin TX, 78701
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About the Author
Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.
Location: Dallas, Fort Worth, and Austin, Texas
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