TEXAS - Oct 20, 2025 - McKay Law (McKayLawTx.com), a premier personal injury law firm with a distinguished track record of securing superior jury verdicts and settlements for catastrophically injured clients, is raising awareness about a powerful legal strategy that many drunk driving accident victims don't know exists: pursuing both the intoxicated driver AND the establishment that overserved them.
While most people understand that drunk drivers can be held liable for the devastation they cause, fewer realize that Texas law allows victims to also pursue dram shop liability claims against bars, restaurants, nightclubs, and other alcohol vendors who negligently overserve visibly intoxicated patrons.
The Dual-Defendant Advantage: Why McKay Law Pursues Two Claims
Claim #1: Direct Liability Against the Drunk Driver
McKay Law aggressively pursues claims against drunk drivers through their auto liability insurance policies, establishing negligence through:
- Blood alcohol content (BAC) test results
- Field sobriety test failures
- Police reports and witness testimony
- Crash reconstruction analysis
- Toxicology evidence
Claim #2: Dram Shop Liability Against the Alcohol Vendor
Simultaneously, McKay Law investigates and pursues the liquor license holder who overserved the intoxicated driver, building dram shop liability cases through:
- Surveillance footage showing patron's visible intoxication
- Witness statements from other patrons and staff
- Receipt and transaction records proving overservice
- Expert testimony on signs of intoxication
- TABC (Texas Alcoholic Beverage Commission) violation history
"Drunk driving cases often involve catastrophic, life-altering injuries with medical costs that can reach into the millions," explained Lindsey McKay of McKay Law. "A single auto insurance policy may have limits of $30,000, $100,000, or even $250,000—which sounds substantial until you're facing a lifetime of medical care, lost wages, and permanent disability. By also pursuing the establishment that fueled the drunk driver, we access additional insurance coverage and resources to truly make our clients whole."
Why This Strategy Matters for Seriously Injured Victims
Victims of drunk driving accidents frequently suffer:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Multiple fractures and orthopedic trauma
- Internal organ damage
- Permanent disfigurement and scarring
- Wrongful death
These severe injuries generate enormous economic and non-economic damages including:
- Emergency medical treatment and surgeries
- Extended hospitalization and rehabilitation
- Ongoing medical care and therapy
- Home and vehicle modifications for disabilities
- Lost income and diminished earning capacity
- Pain, suffering, and loss of quality of life
"Insurance policy limits matter tremendously in catastrophic injury cases," continued Lindsey McKay. "By pursuing both defendants, we're often able to access multiple insurance policies—the drunk driver's auto liability policy AND the alcohol vendor's dram shop/liquor liability policy—providing significantly more compensation to cover our clients' lifetime needs."
McKay Law's Proven Track Record
McKay Law has established an exceptional reputation for:
✓ Superior Jury Verdicts: Consistently securing verdicts that exceed insurance company settlement offers, demonstrating the firm's courtroom prowess
✓ Substantial Settlements: Negotiating seven and eight-figure settlements in cases involving permanent injuries caused by drunk drivers
✓ Comprehensive Investigation: Conducting thorough investigations to identify ALL responsible parties and maximize available compensation
✓ Dram Shop Expertise: Successfully prosecuting complex dram shop liability claims against bars, restaurants, nightclubs, and other alcohol vendors
✓ Trial-Ready Approach: Preparing every case for trial, which motivates insurance companies to make fair settlement offers
✓ Client-Centered Advocacy: Handling all aspects of the legal process while clients focus on medical recovery
Understanding Texas Dram Shop Law
Under the Texas Alcoholic Beverage Code, an alcohol vendor can be held liable if they:
- Sold or served alcohol to an obviously intoxicated person, AND
- That person's intoxication was a proximate cause of the injuries
Signs of obvious intoxication include:
- Slurred speech or incoherent conversation
- Unsteady gait or loss of balance
- Bloodshot or glassy eyes
- Aggressive or inappropriate behavior
- Falling asleep or loss of consciousness
- Inability to handle money or sign credit card receipts
"Many establishments prioritize profits over safety, continuing to serve customers who are clearly intoxicated. When their neLindsey McKay, negligence contributes to devastating injuries or deaths, they must be held accountable alongside the drunk driver."
Why Immediate Legal Representation Is Critical
The dual-defendant strategy requires immediate action because:
- Evidence disappears quickly: Surveillance footage is often overwritten within 30-90 days
- Witnesses' memories fade: Staff turnover and time diminish witness reliability
- Insurance companies move fast: Adjusters immediately begin building defenses
- Texas statute of limitations: Generally two years to file personal injury claims
- TABC complaints: Should be filed promptly to support civil claims
"We've seen cases where critical surveillance footage was destroyed, where key witnesses left the state, and where delayed action resulted in reduced compensation," emphasized Lindsey McKay. "When someone is seriously injured by a drunk driver, calling an experienced attorney within days—not weeks or months—can make the difference between full compensation and financial devastation."
Who Should Contact McKay Law
Victims and families should immediately contact McKay Law if:
- They or a loved one suffered serious injuries in a drunk driving accident
- The at-fault driver was arrested for DWI/DUI
- The driver had been drinking at a bar, restaurant, nightclub, or sporting event before the crash
- Medical bills and lost wages are substantial
- The driver's insurance limits appear insufficient for the injuries sustained
- They want experienced attorneys who will pursue every available source of compensation
McKay Law's Comprehensive Case Approach
When retained, McKay Law immediately:
- Preserves Critical Evidence: Sends preservation letters to alcohol vendors demanding surveillance footage and transaction records
- Investigates Both Defendants: Deploys investigators to interview witnesses and document the drunk driver's activities before the crash
- Engages Expert Witnesses: Retains accident reconstructionists, toxicologists, and alcohol service experts
- Documents Full Damages: Works with medical experts, economists, and life care planners to calculate lifetime costs
- Maximizes Insurance Recovery: Identifies all applicable insurance policies including underinsured/uninsured motorist coverage
- Demands Full Accountability: Aggressively negotiates with all defendants and their insurers while preparing for trial
- Takes Cases to Trial: Presents compelling evidence to juries when fair settlements aren't offered
What Sets McKay Law Apart
Experience: Decades of combined experience handling complex drunk driving and dram shop liability cases
Resources: The financial capability to fund extensive investigations and retain top expert witnesses
Reputation: Known among insurance companies and defense attorneys as formidable trial lawyers
Results: Consistent track record of securing superior verdicts and settlements in catastrophic injury cases
Accessibility: Clients receive personalized attention and regular communication throughout the legal process
No Fee Unless We Win: Contingency fee structure means no upfront costs and no attorney fees unless compensation is recovered
A Message to Drunk Driving Accident Victims
"If you or someone you love has been catastrophically injured by a drunk driver, you're facing medical challenges, financial stress, and an uncertain future," stated Lindsey McKay. "Insurance companies will pressure you to settle quickly for far less than your case is worth. Before accepting any settlement or giving any recorded statement, speak with an attorney who understands how to maximize your compensation by pursuing both the drunk driver and the establishment that overserved them."
"Our clients come to us during the darkest times of their lives. They're in pain, unable to work, facing mountains of medical bills, and worried about their future. Our mission is to shoulder the legal burden, hold every responsible party accountable, and secure the compensation that allows them to move forward with dignity and financial security."
Free Confidential Case Evaluations
McKay Law offers free, confidential consultations to drunk driving accident victims and their families. There is no obligation and no fee unless compensation is recovered.
To schedule a free case evaluation, contact:
McKay Law 903-INJURED or intake@McKayLawtx.com
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