This is the next post in our series on establishing liability against a restaurant, a bar, or other types of establishments in a “Dram shop” case. Our last article discussed how company policies and procedure are relevant to proving fault in a DUI accident. Such documents and records can help show whether an establishment took reasonable steps to train its staff in being able to tell whether or not a potential driver is intoxicated. It is important that you retain an experienced personal injury attorney to help ensure that such records are obtained through discovery. In this article we will discuss another important topic – issues of proof which are unique to cases involving the sellers of alcohol and their roles in a DUI related accident. If you or a loved one have been hit by a drunk driver then it is important that you contact a personal injury lawyer immediately.
As we discussed in our article on how the servers of alcohol may be liable for a DUI accident, a bar or some other provider of liquor will only be considered responsible for the accident if it is shown that the establishment knowingly served someone who was visibly drunk. For obvious reasons, the question of whether someone was “visibly intoxicated” can be quite subjective. Should the case go to trial, it will be necessary for your attorney to present the evidence to a jury in a way which is concise, clear, and speaks to everyday life experiences. Also, your counsel will need to be familiar with the rules of evidence so that video footage, cash register receipts, and other items are properly admitted. If such items are not properly admitted into evidence then the jury will not be allowed to consider them and this could result in a verdict for the defense. These are just a few examples of why it is important to retain counsel who is experienced in presenting cases to juries.
There are many types of evidence which may be presented at trial in such matters. As stated above, this can include security footage and testimony from witnesses. This footage must be identified through a proper investigation and obtained through the discovery process. Witnesses must be identified, interviewed, and their statements must be taken. In order to make sure that such matters are handled properly, it is suggested that you retain a firm which employs multiple attorneys, that counsel be Board Certified in Personal Injury Law, and that the firm employ its own investigator. We suggest that you look for these traits in a DUI accident lawyer regardless of whether you were injured in Fort Worth, Dallas, or elsewhere in the state of Texas.