This is the next post in our series on the handling of Fort Worth, Texas DUI accident cases. Our last article discussed the identifying of defendants in liquor liability (“Dram shop”) cases. It is important to understand that the liability of third-parties may not be readily apparent. It is, therefore, important that you retain a personal injury attorney who will properly investigate the matter. Such an investigation can help ensure that you obtain the highest possible recovery. In this article we will discuss another important topic – the need for experts in such cases. If you or a loved one have been hit by a drunk driver then contact a lawyer as soon as possible.
Experts may be necessary in Fort Worth Dram shop cases
Texas law requires the use of experts if a party wishes to introduce testimony that is based on “specialized skill or knowledge.” This is important in Fort Worth area Dram shop cases as such matters require a Plaintiff to show that a bar or other seller of alcohol knowingly sold to a person who was visibly intoxicated and expected to drive. This means that a Plaintiff must establish that the bar or seller knew or should have known that the defendant was intoxicated and was expected to drive.
Experts can offer opinions as to the standards which establishments typically follow in order to ensure that they are not knowingly serving drunk persons. These standards can include the types of training offered to bartenders and wait staff, the extent to which a supervisor ensures that the staff is monitoring for dangerous situations, and whether a bar has self-imposed drink limits for customers. If an expert believes that an establishment was not following accepted industry standards then this may be evidence of the establishment’s liability. It is up to the jury to decide how much weight, if any, an expert’s opinion should be given.
It is vital that Fort Worth drunk driving victims retain an injury lawyer with the ability to hire any needed experts
It is important to understand that experts may be vital to establishing negligence on the part of a bar, restaurant, or other seller of alcohol. When selecting a personal injury attorney, it is important that drunk driving victims retain a firm with the resources necessary to hire such experts. Counsel will pay the costs of an expert up front and many firms are not able to front this expense. By retaining a firm with substantial resources you help to ensure that your matter is properly handled.
When you are selecting a firm to assist you then it is important that you ask about the ability to retain any needed professionals This is true regardless of whether you were injured in Fort Worth, Dallas, or elsewhere in the state of Texas.